EUROPEAN COMMISSION

Brussels, 16.5.2018

COM(2018) 303 final

2018/0153(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the creation of a European network of immigration liaison officers (recast)

{SWD(2018) 197 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

In its swift and determined response to the migratory crisis experienced in recent years, to the pressures on the common external border and human tragedy in the Mediterranean, the EU put forward a comprehensive strategy intended to manage similar migration challenges in the future. The new Partnership Framework with priority third countries was adopted in 2016 1 with the aim to go beyond addressing immediate needs and to lay the foundations of an enhanced cooperation with countries of origin, transit and destination with a well-managed migration and mobility policy at its core. All actors, including Member States and EU institutions were called to act in a coordinated manner putting together instruments, tools and leverages to fulfill the clear priorities set with third countries to better manage migration in full respect of humanitarian and human rights obligations.

With almost 500 immigration liaison officers (referred as ILOs) currently deployed by Member States to third countries, and the EU stressing the critical need to enhance partnership with third countries, it is imperative to use these liaison officers to ensure synergies between financial and operational support instruments and inform evidence-based policy making vis-vis these countries.

Although partnership working through immigration liaison officers with third countries was recognized as important already in 2004, when the Council, on the basis of an initiative by Greece and with regard to the opinion of the European Parliament, adopted Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network (referred as ILO Regulation) 2 , its impact of improved coordination and information exchange has not been fully realised. The Regulation was amended by Regulation (EU) No 493/2011 of the European Parliament and of the Council of 5 April 2011 3 . The ILO Regulation constitutes a development of the provisions of the Schengen acquis.

The existing ILO Regulation sets out the obligation to establish local or regional cooperation networks among immigration liaison officers of Member States and outlines the objectives of such cooperation, as well as ILOs' tasks in relation to the third country and their responsibilities vis-à-vis the sending Member State. Article 1(1) of the ILO Regulation defines "immigration liaison officer" as any representative of one of the Member States, deployed 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. Article 1(2) of the ILO Regulation specifies that "liaison officers who are dealing with immigration issues as part of their duties" are also to be considered as immigration liaison officers. This definition includes in practice “airline liaison officers”, “document advisors” and "law enforcement liaison officers", as far as they are called to fulfil the aforementioned tasks.

Immigration liaison officers are usually deployed to the consular offices of Member States in third countries, but could also be deployed to the competent authorities of the third countries, as well as to international organisations, for a time period to be determined by the deploying Member State. Member States started deploying liaison officers in the early 1990s and since the adoption of the ILO Regulation in 2004, the number of officers has grown from 129 to an estimated 492 in 2018, with deployments in 105 third countries. While not all Member States deploy ILOs 4 , the largest numbers of national ILOs are deployed by Germany, France, Spain, The Netherlands and the United Kingdom.

Furthermore, the amendment of the ILO Regulation adopted in 2011 provided for a cooperation between EBCG Agency and the ILO networks, promoted the use of ICONet for regular exchange of information and practical experiences within the local networks and aimed at rationalising the reporting system related to the activities of ILO networks through the bi-annual Presidency reports.

The role of ILOs is largely recognised from a perspective of managing the EU external borders in accordance with the Schengen acquis. Such work includes the provision of advice to competent third country authorities in support of their efforts to tackle illegal immigration, counter cross-border crime or detect documents' fraud. Moreover, ILOs have operational expertise, first-hand knowledge and contacts in third countries that are highly relevant and useful in enhancing cooperation with these countries and fulfilling information and policy development needs in the field of migration at the European level.

However, the external evaluation of the current ILO Regulation, completed in August 2017, highlighted that the Regulation has had a limited and mostly indirect impact on the establishment of formal networks among ILOs deployed to the same location, on enhancing the collection and sharing of information and on improving coordination of the EU position and activities vis-à-vis third countries.

The evaluation concluded that immigration liaison officers and their networks remain highly relevant in the current global migration context and retain coherence with existing and planned European polices aimed at tackling irregular migration in particular, but it also identified shortcomings. It identified that the limitations of the current ILO Regulation are due to insufficient coordination and engagement at the EU level, caused by neglecting to address the fact that the vast majority of ILOs are Member State resources, (96% of all deployments), with clear bilateral objectives and tasks guided and set by the so-called ILO “back-offices” in their national administrations. The limited effectiveness, level and scope of information sharing has impeded the systematic flow of strategic and operational information both upwards from the ILO Networks to the EU i.e. Commission, the High Representative for Foreign Affairs and Security Policy, EU Agencies and EU Delegations in third countries and horizontally across the networks and Member States. Moreover, the current instruments designed for enhancing information exchange, notably the Presidency reports provided for in Article 6(1) the ILO Regulation and ICONet 5 as referred to in Article 3(3) of the current Regulation, are infrequently used by Member States ILOs and therefore have proven largely ineffective. The evaluation has also shown that other forms of reporting remained decentralised and fragmented across Member States, with ILOs reporting on a bilateral basis directly to their own national administration.

Furthermore, the possibilities offered by the Regulation, such as common use of the ILOs deployed to the same location or joint deployments co-financed from the EU budget, have not been fully exploited by Member States. At the same time new European liaison officers’ functions including officers of the European Border and Coast Guard Agency (EBCG Agency) and European Migration Liaison Officers (EMLOs) have been established in priority third countries to maximize the impact of Union action on migration in third countries and enhance the engagement of key countries of origin and transit, as well as to step up coordination and cooperation with ILOs.

The objective of the revision of the ILO Regulation is to enhance coordination and to optimise utilisation of immigration liaison officers, including the new European liaison officers deployed to third countries to enable them to respond more effectively to EU priorities in the field of migration.

Given that ILOs' line of command (tasking and reporting) is conducted within national authorities, the revision seeks to strengthen engagement at the European level. The proposal aims at reinforcing cooperation between Member States by establishing a formal governance mechanism ("Steering Board") composed of representatives of the Commission, Member States ILOs’ back offices and EU Agencies. The Steering Board should meet regularly to provide a platform for planning and co-ordinating the development and operation of networks based on EU migration management related strategic and operational priorities. These would be agreed collectively between the EU and Member States, for example in case of sudden flows of migrants. By closer understanding of the capabilities and capacities available, the EU will be better equipped to target its interventions and responses to the different areas of migration policy.

Lastly, the evaluation and related consultations of the current ILO Regulation unanimously supported that there is little, if any, value in bi-annual Presidency reports 6 covering the activities of ILO networks and the illegal migration situation in specific third countries. Therefore, the proposal terminates this obligation and introduces reporting on subjects of shared EU interest discussed and agreed with the Steering Board. It also provides for systematic updates on current and intended deployment of liaison officers by all sending entities.

•Consistency with existing policy provisions in the policy area

This proposal responds to the calls of the European Parliament and the European Council to develop coherent and credible policy with regards to preventing and countering illegal migration, tackling migrant smuggling and trafficking in human beings, enhancing return of illegally staying third-country nationals and managing effectively the external borders of the European Union. Clear orientations to this end were set out by the European Council in April 2015 7 which recalled the need for greater cooperation among Member States and the Commission and the countries of origin and transit in order to control illegal immigration.

In 2015, the European Agenda on Migration 8 and the EU Action Plan against Migrant Smuggling (2015-2020) 9 , identified the evaluation of the application of the existing ILO Regulation as one of its priority actions in view of enhancing information sharing and better prevention of illegal immigration and migrant smuggling. At the same time, the Commission announced deployment of EMLOs, with the purpose of strengthening of the EU Delegations’ capacities in the field of migration. At present, EMLOs are deployed to13 priority countries 10 , and have joined ILO networks to closely coordinate the work in this field with other liaison officers on the ground.

Two years later, in the Communication on the Delivery of the European Agenda on Migration 11 , the Commission announced that, based on the outcome of the evaluation of the ILO Regulation, a common framework and clear mandates of staff deployed to third countries to take actions to counter migrant smuggling would be established though the revision of the current legal framework. This is further in line with the policy priorities identified in the Communication on Trafficking in Human Beings 12 , to improve coordination of the internal and external aspects of EU anti-trafficking action, including through relevant networks.

With this proposal, the Commission contributes to the overarching policy priorities in the area of countering illegal immigration and management of migration and the Union's external borders. This proposal builds on existing policy, notably the current Regulation which establishes tasks of ILOs and creates ILO network but brings it to a qualitatively different level.  This proposal substantially expands upon the ability of the ILO networks to respond effectively and in a timely manner to present or future migration related challenges by proactively reinforcing, assessing, and coordinating the actions of Member States, the Commission and Union Agencies in the implementation of joint measures outside or at the external EU borders. This revision will also allow for exploiting in full the potential of the network of liaison officers deployed by the Commission and Union Agencies.

•Consistency with other Union policies

This proposal is closely related to and complements a number of Union activities on the policy area of migration, namely:

·Prevention of and countering of migrant smuggling and trafficking in human beings given that the effective actions against criminal activities by smugglers and traffickers must be undertaken along the entire migratory route, starting upstream in third countries of origin and transit;

·Return of illegally staying third-country nationals, for which improvement of practical cooperation and arrangements with countries of origin is an essential precondition to ensure the implementation of existing readmission agreements and finalisation of on-going negotiations as well as the enforcement of return decisions;

·Integrated Border Management that identifies risks for internal security and threats that may affect the functioning or security of the external borders, cooperation among Member States, with the support and coordination of EBCG Agency, as well as cooperation with third countries, in particular with neighbouring countries and those third countries which have been identified through risk analysis as countries of origin and transit;

·Legal migration and Integration, which are integral parts of the EU’s overall cooperation with third countries on migration issues and essential for a smart and effective management of migration flows, in particular by embracing the concept of Integration Liaison Officers in Embassies in key third countries, as outlined in the 2016 Integration Action Plan 13 ;

·External relations policy of the Union given that the immigration liaison officers deployed to third countries should facilitate and encourage operational cooperation between Member States and third countries, including by liaising with third countries’ authorities on migration management, protection, migrant smuggling, trafficking in human beings, return and readmission as well as management of borders;

·Data protection insofar as this proposal ensures the protection of fundamental rights of individuals whose personal data is processed.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

This legislative proposal is based on Article 79(2) of the Treaty on the Functioning of the European Union (TFEU), which authorise the European Parliament and the Council to adopt measures in the area of legal immigration, illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation and combatting trafficking in persons, as well as on Article 74, which authorises Council to adopt measures aiming to ensure administrative cooperation between relevant departments of Member States in the area of Freedom, Security and Justice.

•Subsidiarity (for non-exclusive competence)

The objective of this proposal is to ensure optimal utilisation of immigration liaison officers, including those deployed by the Commission and Union Agencies to third countries, in order to implement more effectively EU migration policy priorities, such as preventing and combatting illegal immigration, facilitating return of illegally staying third country nationals as well as supporting management of legal migration, including in the area of international protection, resettlement and pre-departure integration measures, in a more effective manner. Meeting these objectives requires a coordinated approach at the EU level, involving all national authorities and EU bodies responsible for the deployment and management of liaison officers dealing with migration issues in third countries. The prevention and countering of illegal immigration, in particular, is a shared interest of all Member States, which the Members States cannot achieve alone, thereby necessitating coordinated action at the European level and targeted measures in full respect to the principle of subsidiarity as set out in Article 5(3) of the Treaty on European Union.

 •Proportionality

The legislative proposal will respond to the new challenges and political realities faced by the Union, both as regards migration management and internal security. It establishes mechanisms that will allow for a more effective management of the immigration liaison officers, including those deployed by the Commission and Union Agencies to third countries, as part of the measures which contribute to the implementation of the European migration policy in all its aspects. It ensures that information is gathered and shared and that appropriate action is taken to prevent illegal immigration, counter migrant smuggling and trafficking in human beings by intervening at an early stage at the external borders. Moreover, it supports the management of legal migration including in the area of international protection, resettlement and pre-departure integration measures, in full respect of the national structures and procedures.

The proposal constitutes a further development of the Schengen acquis in combatting illegal immigration. It enhances cooperation between the relevant EU Member States’ national authorities, as well as between them and the Commission and Union Agencies in full respect of proportionality principle set out in Article 5(4) of the Treaty on European Union and without going beyond what is necessary in order to achieve the key objectives.

•Choice of the instrument

The necessary degree of uniformity required for the effective governance of a European network of immigration liaison officers in third countries can be achieved only through a Regulation, with this being confirmed by the initial establishment of an ILO Network. As the overall objectives and policy context have not changed, the same type of legal instrument remains appropriate for this proposal.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Impact assessment

•Fundamental rights

This proposal respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this proposal fully respects human dignity, the right to life, the prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security, the right to the protection of personal data, the right to asylum and protection in the event of removal and expulsion, the principles of non-refoulement and non-discrimination, the right to effective remedy, and the rights of the child.

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

The Commission will report on the implementation of the proposed regulation to the European Parliament and the Council. The findings are to be made public.

·Consequences of the various protocols annexed to the Treaties and of the association agreements concluded with third countries

The proposal builds on the Schengen acquis. The consequences for the various protocols therefore have to be considered with regard to Denmark, Ireland and the United Kingdom; Iceland and Norway; and Switzerland and Liechtenstein. Likewise, the consequences for the various Acts of Accessions must be considered. The detailed situation of each of the States concerned is described in recitals of this proposal.

•Detailed explanation of the specific provisions of the proposal

This proposal lays down the general principles for the creation a European network of immigration liaison officers deployed by Member States as well as the Commission and Union Agencies to third countries with the objective of contributing to managing migration effectively and ensuring a high level of internal security within the European Union.

For these purposes, the proposal sets out the following elements in view of reinforcing the governance of a European network of immigration liaison officers:

·Adjusts the title of the Regulation and the key terminology to better reflect the objectives of the proposal, notably the aim to enhance the European coordination of the immigration liaison officers.

·Further clarifies the definition of immigration liaison officer, making an explicit reference to law enforcement liaison officers working on immigration-related tasks.

·Introduces a Steering Board at the European level to strengthen among Member States, the Commission and the Union Agencies the network management and coordination of immigration liaison officers deployed to third countries.

·Ends the obligation of the bi-annual Presidency report, introduces reporting requirements to be agreed by the Steering Board, which will include follow-up actions, and also introduces the possibility for the Steering Board to commission ad-hoc targeted information requests.

·Reinforces information exchange between immigration liaison officers as well as members of the Steering Board via a secured web-based platform.

·Provides legal certainty as to processing of personal data by immigration liaison officers for the purpose of fulfilling tasks and activities defined by the proposal.    

ê 377/2004 (adapted)

ð new

2018/0153 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the creation of a European network of immigration liaison officers (recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty Ö on the Functioning of the European Union Õ establishing the European Community, and in particular Article 63(3)(b) Ö 74 Õ and Article 66 Ö 79(2) Õ thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

ò new

(1)Council Regulation (EC) No 377/2004 15 has been substantially amended 16 . Since further amendments are to be made, that Regulation should be recast in the interests of clarity.

ê 377/2004 recital 1 (adapted)

The plan for the management of the external borders of the Member States of the European Union, agreed by the Council at its meeting of 13 June 2002 envisages the setting up of networks of immigration liaison officers posted in third countries.

ê 377/2004 recital 2 (adapted)

In the conclusions of its meeting of 21 and 22 June 2002 the Seville European Council called for the creation of a network of immigration liaison officers of the Member States before the end of 2002.

ê 377/2004 recital 3 (adapted)

At its meeting of 28 and 29 November 2002 the Council adopted conclusions on the improvement of the Immigration Liaison Officers Network, taking note of the report of the Presidency, showing that a network of liaison officers is in place in most of the countries surveyed in the report, but noting also that there was a need to further strengthen this network.

ê 377/2004 recital 4 (adapted)

The Thessaloniki European Council of 19 and 20 June 2003 emphasised the need for acceleration of work on adopting the appropriate legal instrument formally establishing the Immigration Liaison Officers (ILO's) network in third countries, at the earliest possible date and before the end of 2003. The European Council also referred to the importance of the information to be provided by the ILO's network in developing an evaluation mechanism to monitor relations with third countries which do not cooperate with the European Union in combating illegal immigration.

ê 377/2004 recital 5 (adapted)

Following the Thessaloniki European Council, it is necessary to formalise the existence and functioning of such a network — drawing on experiences gained in the operation of running projects, including the Belgian-led Western Balkans ILO network — through a legally binding act, setting out the obligation to establish forms of cooperation among immigration liaison officers of the 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.

ê 377/2004 recital 6 (adapted)

It is also desirable to formalise the way in which the relevant institutions of the Community are informed of the activities of the immigration officers liaison network so as to allow them to take or propose such measures as may be necessary to improve further the overall management of the controls on persons at the external borders of the Member States

ê 377/2004 recital 7 (adapted)

Taking into account Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States 17 .

ò new

(2)The sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration, asylum and border management systems and called for a coordinated and effective European response.

(3)The objective of Union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well-managed pathways through a comprehensive approach addressing all aspects of immigration.

(4)Respecting human rights standards remains a fundamental principle of the Union in addressing the migration crisis. The Union is committed to protect the human rights and fundamental freedoms of all migrants, regardless of their migratory status, in full compliance with international law.

(5)To ensure the effective implementation of the Union policies on immigration in all their aspects, consistent dialogue and cooperation should be pursued with key third countries of origin and transit of migrants and asylum seekers. Such cooperation should provide for better management of immigration, including departures and returns, contribute to the stabilisation of migrants' flows, support capacity to gather and share information, and prevent and counter migrant smuggling and trafficking in human beings, as well as asylum seekers' access to protection.

(6)In light of the increasing demand for intelligence and information to support evidence-based policy making and operational responses, there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries.

(7)The deployment of the current European Migration Liaison Officers to the key countries of origin and transit, as called upon by the conclusions of the special meeting of the Heads of States and Governments on 23 April 2015, was a first step towards enhancing the engagement with third countries on migration-related issues and stepping up coordination with immigration liaison officers deployed by Member States. Building on this experience, longer-term deployments of immigration liaison officers by the Commission to third countries are to be foreseen to support development, implementation and to maximise the impact of Union action on migration.

(8)The objective of this Regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by Member States, the Commission and Union Agencies in order to respond more effectively to the EU priorities of preventing and combatting illegal immigration and related cross-border criminality such as smuggling of migrants and trafficking in human beings, facilitating return, readmission and reintegration activities, contributing to integrated management of Union's external borders, as well as supporting management of legal immigration, including in the area of international protection, resettlement and pre-departure integration measures undertaken by Member States and Union.

(9)Building on Council Regulation (EC) No 377/2004, this Regulation aims to ensure that immigration liaison officers better contribute to the functioning of a European network of immigration liaison officers primarily by establishing a mechanism through which Member States, the Commission and Union Agencies can more systematically coordinate tasks and roles of their liaison officers.

(10)Taking into account that mandates and tasks of immigration liaison officers may overlap, due efforts should be made to better coordinate the work of officers operating within the same third country or region. Where immigration liaison officers are deployed directly to the Union's diplomatic missions in a third country by the Commission, they should initiate and lead immigration liaison officers’ network in that third country.

(11)The establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties, is essential in order to minimise information gaps and duplication of work and maximise operational capabilities and effectiveness. A Steering Board should provide guidance in line with Union policy priorities – taking into account the Union external relations – and should be given the necessary powers, in particular to adopt biennial work programmes of activities of networks of immigration liaison officers, assign tailored ad-hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the biennial work programme, allocate resources for agreed activities and be accountable for their execution.

(12)A list of immigration liaison officers deployed to third countries should therefore be established and updated regularly by the Steering Board. The list should include information related to the location, composition and activities of different networks, and including the contact details and the summary of duties of the deployed immigration liaison officers.

(13)Joint deployment of liaison officers should be promoted with the aim of enhancing operational cooperation and information sharing between Member States, as well as to respond to the needs at Union level, as defined by the Steering Board. Joint deployment, by at least two Member States, should be supported by the Union funds encouraging engagement and providing added value to all Member States, and in particular those with smaller or no liaison networks in third countries.

(14)Special provisions should be made for a wider Union capacity building action for immigration liaison officers, through a development, in cooperation with relevant Union Agencies, of common core curricula and pre-deployment training courses, and for supporting the reinforcement of the operational capacity of networks of immigration liaison officers.

(15)Networks of immigration liaison officers should avoid duplicating the work of Union Agencies and other Union instruments or structures and should bring an added value to what they already achieve in terms of collecting and exchanging information in the area of immigration, in particular by focusing on operational aspects. They should act as facilitators and providers of information from third countries to support Union Agencies in their functions and tasks, in particular where Union Agencies have not yet established cooperative relations with third countries. Closer cooperation between networks of immigration liaison officers and relevant Union Agencies should be established to that effect.

(16)Member States authorities should ensure that strategic and operational analytical products of the Union Agencies in relation to illegal immigration, return, cross-border criminality or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant Union Agencies – in particular the European Border and Coast Guard Agency, Europol and the European Union Asylum Agency within the scope of their respective legal frameworks.

(17)In order to ensure the most effective use of information collected by the networks of immigration liaison officers, such information should be available through a secure web-based information exchange platform.

(18)Information collected by immigration liaison officers should support the implementation of the technical and operational European integrated border management referred to in Article 4 of the Regulation (EU) No 2016/1624 of the European Parliament and of the Council 18 and contribute to the development and maintenance of the national border surveillance systems in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council 19 .

(19)It should be possible to use the available resources of the Regulation (EU) No 515/2014 of the European Parliament and of the Council 20 to support the activities of a European network of immigration liaison officers as well as to pursue with the deployment of joint immigration liaison officers by Member States.

(20)Any processing and transferring of personal data by Member States within the framework of this Regulation should be conducted in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council 21 and with the national provisions transposing Directive 2016/680 22 . The Commission and Union Agencies should apply Regulation (EC) No 45/2001 of the European Parliament and of the Council 23 when processing personal data.

(21)The processing of personal data within the framework of this Regulation should be for the purposes of rendering assistance to returning third-country nationals and facilitating the resettlement of persons in need of international protection and implementing Union measures in respect of the admission of legal immigrants. A legal framework that recognises the role of immigration liaison officers in this context is therefore necessary.

(22)The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council 24 , is an essential component of the comprehensive efforts to tackle illegal immigration and represents an important reason of substantial public interest.

(23)Immigration liaison officers need to process personal data to facilitate return operations. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by immigration liaison officers for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680 are met.

(24)In the interest of the persons concerned, immigration liaison officers should be able to process personal data of persons in need of international protection subject to resettlement and of persons wishing to migrate legally in the Union in order to confirm their identity and nationality.

(25)Since the objectives of this Regulation, which are to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries in order to more effectively implement Union priorities regarding preventing and combatting illegal immigration, facilitating return, readmission and reintegration, contributing to integrated management of Union’s external borders, as well as supporting management of legal immigration or international protection schemes, cannot be sufficiently achieved by the Member States alone but are better achieved through coordination at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

ê 377/2004 recital 8 (adapted)

(26)As regards Iceland and Norway, this Regulation constitutes a development Ö of the provisions Õ of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the Ö latters' Õ association of those States with the implementation, application and development of the Schengen acquis 25 , which fall within the area referred to in Article 1, points A and E, of Council Decision 1999/437/ECof 17 May 1999 on certain arrangements for the application of that Agreement 26 .

ê 493/2011 recital 15

(27)As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis 27  which fall within the area referred to in Article 1, points A and E, of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 28 .

ê 493/2011 recital 16 (adapted)

(28)As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis 29  which fall within the area referred to in Article 1, points A and E, of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC 2011/350/EU 30 .

ê 377/2004 recital 9 (adapted)

(29)In accordance with Articles 1 and 2 of the Protocol Ö No 22 Õ on the position of Denmark, annexed to the Treaty on European Union and to the Treaty Ö on the Functioning of the European Union Õ establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 Ö 4 Õ of the said Ö that Õ Protocol, decide within a period of six months after the Council has adopted Ö decided on Õ this Regulation whether it will implement it in its national law.

ê 377/2004 recital 10 (adapted)

(30)The United Kingdom is taking part in this Regulation, in accordance with Article 5(1) of the Protocol Ö No 19 on Õ integrating the Schengen acquis Ö integrated Õ into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty Ö on the Functioning of the European Union Õ establishing the European Community, and Article 8(2) of Council Decision 2000/365/ECof 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis 31 .

ê 377/2004 recital 11 (adapted)

(31)Ireland is taking part in this Regulation, in accordance with Article 5(1) of the Protocol Ö No 19 on Õ integrating the Schengen acquis Ö integrated Õ into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty Ö on the Functioning of the European Union Õ establishing the European Community, and Article 6(2) of Council Decision 2002/192/ECof 28 February 2002 concerning the request of Ireland to take part in some of the provisions of the Schengen acquis 32 .

ê 377/2004 recital 12 (adapted)

(32)The participation of the United Kingdom and Ireland in this Regulation in accordance with Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 relates to the responsibilities of the Community Ö Union Õ for taking measures developing the provisions of the Schengen acquis against the organisation of illegal immigration in which the United Kingdom and Ireland participate.

ê 377/2004 recital 13 (adapted)

(33)This Regulation constitutes an act building on Ö upon, or otherwise relating to, Õ the Schengen acquis or otherwise related to it within Ö , respectively, Õ the meaning of Article 3(21) of the 2003 Act of Accession, Ö Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession, Õ

ê 377/2004 (adapted)

HAVE ADOPTED THIS REGULATION:

Article 1

Ö Scope Õ

ò new

1.This Regulation lays down rules to improve the coordination of immigration liaison officers deployed to third countries by Member States, the Commission and the Union Agencies through the creation of a European network of immigration liaison officers.

ê 377/2004 (adapted)

ð new

24.This Regulation is without prejudice to the tasks of immigration liaison officers within the framework of their responsibilities under Ö Union and Õ national law, policies or procedures or under special agreements concluded with the host country or international organisations.

Article 21

Ö Definitions Õ

Ö For the purposes of this Regulation, the following definitions shall apply: Õ

1.In this Regulation‘immigration liaison officer’ means:

(a)a representative of one of the Member States, posted Ö deployed Õ abroad by the immigration service ð , law enforcement ï or other competent authorities in order to establish and maintain contacts with the authorities of the host ð a third ï country with a view to contributing to the prevention and combating of illegal immigration, the return Ö of illegally staying third-country nationals Õof illegal immigrants and the management of legal Ö immigration Õ migration;.

ò new

(b)the liaison officers deployed abroad by the Commission in order to establish and maintain contacts with the authorities of the third country on immigration-related issues;

(c)the liaison officers deployed abroad by the Union Agencies as referred to in their respective legal basis and dealing with immigration-related issues;

ê 377/2004

(b)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.

ò new

2.‘deployed abroad’ means deployed, for a reasonable time period to be determined by the responsible authority, to one of the following:

(a)the consular authorities of a Member States in a third country;

(b)the competent authorities of a third country;

(c)an international organisation;

(d)a Union's diplomatic mission.

ê 377/2004

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.

ò new

3.“personal data” means personal data as defined in point (1) of Article 4 of the Regulation (EU) 2016/679;

4.“return” means return as defined in point (3) of Article 3 of Directive 2008/115/EC;

ê 377/2004 (adapted)

ð new

Article 32

Ö Tasks of immigration liaison officers Õ

1.Each Member State shall ensure that its Iimmigration liaison officers Ö shall Õ establish and maintain direct contacts with the competent authorities in Ö of Õ the host country ð third country ï and any appropriate organisations operating within the host ð  the third ï country, with a view to facilitating and expediting the collection and exchange of information ð implementing this Regulation ï .

2.Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. ð Such information shall not contain personal data. ï Such information shall in particular concern Ö the following Õ issues such as:

(a)Ö migratory Õ flows of illegal immigrants originating from or transiting through the host country;,

(b) routes followed Ö used Õ by those Ö these migratory Õ flows of illegal immigrants in order to reach the territories of the Member States;,

(c)the existence, ð activities and modi operandi ï of criminal organisations involved in smuggling ð  and trafficking in human beings along the migratory routes ï

–their modus operandi, including the means of transport used, the involvement of intermediaries, etc.,

–the existence and activities of criminal organisations involved in smuggling of immigrants,

(d)incidents and events that may be or become the cause for new developments with respect to Ö migratory Õ flows of illegal immigrants;,

(e)methods used for counterfeiting or falsifying identity documents and travel documents;,

(f)ways and means to assist the authorities in host ð third ï countries in preventing illegal immigration flows originating from or transiting through their territories;,

(g)ways and means to facilitate the return, and repatriation Ö readmission Õ ð and reintegration ï of illegal immigrants to their countries of origin;,

ò new

(h)asylum seekers' access to protection in the third country;

(i)possible legal immigration strategies and channels between the Union and third countries, including resettlement and other protection tools as well as skills and labour market needs;

(j)pre-departure measures available to immigrants in countries of origin or host third countries that support successful integration upon legal arrival in Member States;

ê 377/2004 (adapted)

ð new

ð (k)capacity, capability, political strategies, ï legislation and legal practices ð of third countries ï relevant to the issues referred to Ö in points (a) to (j) Õ above.,

–information transmitted via the early warning system.

ò new

3.Immigration liaison officers shall coordinate among themselves and with relevant stakeholders the provision of their capacity building activities to authorities and other stakeholders in third countries.

ê 377/2004 (adapted)

ð new

43.Immigration liaison officers shall also be entitled to Ö may Õ  render assistance in:

(a) establishing the identity of ð illegally staying ï third-country nationals and in facilitating their return Ö in accordance with the Directive 2008/115/EC Õ to their country of origin;.

ò new

(b) confirming identity and facilitating the resettlement of persons in need of international protection in the Union;

(c) confirming identity and facilitating implemention of Union measures in respect of the admission of legal immigrants.

ê 377/2004 (adapted)

ð new

54.Member States shall ensure that their Iimmigration liaison officers Ö shall Õ 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 Ö Union and Õ their national laws and in any agreements or arrangements concluded with host ð third ï countries or international organisations.

Article 43

Ö Notification of the deployment of immigration liaison officers Õ

1.Member States ð , the Commission and the Union Agencies ïshall systematically and without delay inform one another, the Council and the Commission ð the Steering Board ï of their secondments ð plans for deployment ï of immigration liaison officers, including a description of their duties ð and the duration of their deployment ï .

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.

ê 493/2011 Art. 1.1(b)

ð new

23.The information referred to in paragraphs 1 and 2 shall be made available on the secure web-based ð information exchange platform provided for in Article 9 ï Information and Coordination Network for Member States’ Migration Management Services established by Council Decision 2005/267/EC 33 (ICONet) under the section dedicated to immigration liaison officers networks. The Commission shall also provide that information to the Council.

ê 377/2004 (adapted)

Article 54

Ö Creation of local or regional networks of immigration liaison officers  Õ

1.Member States shall ensure that their Iimmigration liaison officers posted Ö deployed Õ to the same third countries or regions Ö shall Õ constitute local or regional cooperation networks among each other. Within the framework of such networks, immigration liaison officers shall, in particular:

(a)meet regularly and whenever necessary;,

ê 493/2011 Art. 1.2(a)

ð new

(b)exchange information and practical experience, in particular at meetings and via ð the secure web-based information exchange platform provided for in Article 9 ï ICONet;,

(c)exchange information, where appropriate, on experience regarding asylum seekers’ access to protection;,

ê 377/2004 (adapted)

ð new

(d)coordinate positions to be adopted in contacts with commercial carriers, when appropriate;,

(e)attend joint specialised training courses, when appropriate;,

(f)organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host ð third ï country, when appropriate;,

(g)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),

(h)set up regular contacts with similar networks in the host ð third ï country and in neighbouring third countries, as appropriate.

ò new

2.Immigration liaison officers deployed by the Commission shall coordinate the networks provided for in paragraph 1. In locations where the Commission does not deploy immigration liaison officers, the coordination of the network shall be carried out by an immigration liaison officer, as agreed by members of the network.

3.The Steering Board shall be notified of the appointment of the network coordinators by the coordinator.

ê 493/2011 Art. 1.2(b)

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 34 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.

ê 493/2011 Art. 1.2(c)

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.

ê 377/2004 (adapted)

Article 65

Ö Joint deployment of immigration liaison officers  Õ

1.Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted Ö deployed Õ 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.

ò new

3.Where two or more Member States jointly deploy an immigration liaison officer, those Member States may receive Union financial support pursuant to the Regulation (EU) No 515/2014.

Article 7

Steering Board

1.A Steering Board for a European network of immigration liaison officers (“the Steering Board") is established.

2.The Steering Board shall be composed of one representative of each Member State, two representatives of the Commission, one representative of the European Border and Coast Guard Agency, one representative of Europol and one representative of European Union Asylum Agency. The Steering Board members shall be appointed on the basis of their relevant experience and expertise in managing liaison officers networks.

3.Representatives of third countries associated with the implementation, application and development of the Schengen acquis shall participate in the Steering Board as observers.

4.Experts, representatives of national authorities, international organisations and relevant Union institutions, bodies, offices and agencies who are not members of the Steering Board may be invited to attend meetings of the Steering Board as observers. Joint meetings with other networks or organisations may also be organised.

5.The Commission shall act as the Chair of the Steering Board. The Chair shall:

(a)ensure continuity and organise the work of the Steering Board, including supporting the preparation of the biennial work programme and biennial report on the activities;

(b)ensure that the collective activities agreed by the Steering Board, are consistent and coordinated with relevant Union instruments and structures and reflect the priorities of the Union in the area of migration;

(c)convene meetings of the Steering Board.

To achieve the objectives of the Steering Board, the Chair shall be assisted by a Secretariat.

6.The Steering Board shall meet at least twice a year.

Article 8

Tasks of the Steering Board

1.The Steering Board shall establish its own rules of procedures on the basis of a proposal by the Chair within three months of its first meeting. The rules of procedures shall set out voting arrangements.

2.Considering the priorities of the Union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this Regulation, the Steering Board shall carry out the following activities:

(a)establish priorities and activities by adopting a biennial work programme and indicating resources needed to support that work;

(b)review implementation of activities established in the biennial work programme, appointment of network coordinators and progress made by networks of immigration liaison officers in their cooperation with competent authorities in third countries;

(c)adopt the biennial activity report;

(d)update the list of deployment of immigration liaison officers ahead of each Steering Board meeting;

(e)identify deployment gaps and recommend deployment of immigration liaison officers;

3.Considering the operational needs of the Union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this Regulation, the Steering Board shall carry out the following activities:

(a)agree on ad-hoc tasking of networks of immigration liaison officers;

(b)monitor the availability of information between immigration liaison officers and Union Agencies, and make recommendations for necessary actions where required;

(c)support the development of capability of immigration liaison officers, including through developing common core curricula, pre-deployment training and the organisation of joint seminars on subjects as referred to in Article 3(2);

(d)ensure that information is exchanged through the web-based information exchange platform provided for in Article 9.

4.For the execution of the activities referred to paragraphs 2 and 3, Member States may receive the Union financial support in accordance with Regulation (EU) No 515/2014.

Article 9

Information exchange platform

1.Immigration liaison officers and members of the Steering Board shall ensure that all relevant information and statistics are uploaded and exchanged via the secure web-based information exchange platform set up and maintained by the Commission. That information shall include at least the following elements:

(a)relevant documents, reports and analytical products in the area of immigration, in particular factual information on countries or regions in which immigration liaison officers are deployed;

(b)biennial work programmes, biennial activity reports and outcomes of activities and ad-hoc tasks of networks of immigration liaison officers as referred to in Article 8 (2) and (3);

(c)an updated list of Steering Board members;

(d)an updated list of immigration liaison officers deployed to third countries, including their names, locations, telephone numbers and email addresses;

(e)other relevant documents related to the activities and decisions of the Steering Board.

2.With the exception of data referred to in points (c) and (d) of paragraph 1, the information exchanged through the platform shall not contain personal data or any links through which such personal data is directly or indirectly available. Access to data referred to in points (c) and (d) of paragraph 1 shall be restricted to immigration liaison officers and members of the Steering Board for the purpose of implementation of this Regulation.

Article 10

Processing personal data

1.Immigration liaison officers shall carry out their tasks in compliance with legal provisions on the protection of personal data, as set out in Union and national laws and in international agreements concluded with third countries or international organisations.

2.Immigration liaison officers may process personal data for the purpose of the tasks referred to in Article 3(4). That personal data shall be erased after completion of the task.

3.Personal data processed pursuant to paragraph 2 may include:

(a)biometric or biographic data where necessary to confirm the identity and nationality of third-country nationals for the purposes of return, including all types of documents which can be considered as proof or prima facie evidence of nationality;

(b)passenger lists for return flights to third countries;

(c)biometric or biographic data to confirm identity and nationality of third-country nationals for the purposes of legal migration admission and resettlement of third-country nationals in need of international protection.

4.Transfers of personal data by Immigration liaison officers under this Article to third countries and international organisations shall be done in accordance with Chapter V of Regulation (EU) No 2016/679 or with national provisions transposing Chapter V of Directive (EU) 2016/680.

ê 493/2011 Art. 1.3

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 35 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.

ê 377/2004 (adapted)

Article 117

Ö Consular cooperation Õ

This Regulation is without prejudice to the provisions on consular cooperation at a local level contained in the Ö  Regulation (EC) N° 810/2009 establishing a Community Code on Visas Õ.

ò new

Article 12

Report

1.Five years after the date of adoption of this Regulation, the Commission shall report to the European Parliament and the European Council on the application of the Regulation.

2.Member States shall provide the Commission with the necessary information for the preparation of the report on the application of the Regulation.

ê 

Article 13

Repeal

Regulation (EC) No 377/2004 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex I.

ê 377/2004 (adapted)

Article 148

Ö Entry into force Õ

This Regulation shall enter into force on 5 January 2004 Ö the twentieth day following that of its publication in the Official Journal of the European Union Õ .

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

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure

1.3.Nature of the proposal/initiative

1.4.Objective(s)

1.5.Grounds for the proposal/initiative

1.6.Duration and financial impact

1.7.Management mode(s) planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated impact on expenditure 

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure 36  

1.3.Nature of the proposal/initiative

◻ The proposal/initiative relates to a new action 

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action 37  

◻ The proposal/initiative relates to the extension of an existing action 

X The proposal/initiative relates to an action redirected towards a new action 

1.4.Objective(s)

1.4.1.The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

1.4.2.Specific objective(s) and ABM/ABB activity(ies) concerned

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

◻ Proposal/initiative of limited duration

–◻    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

–◻    Financial impact from YYYY to YYYY

X Proposal/initiative of unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Management mode(s) planned 38  

X Direct management by the Commission

–◻ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

◻ Shared management with the Member States

◻ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻the EIB and the European Investment Fund;

–◻ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Management and control system

2.2.1.Risk(s) identified

2.2.2.Information concerning the internal control system set up

2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

·New budget lines requested

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

[This section should be filled in using the spreadsheet on budget data of an administrative nature (second document in annex to this financial statement) and uploaded to CISNET for interservice consultation purposes.]

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

* operational budget line will cover implementation of the activities of a European ILO network and the functioning of the Steering Board

** support budget line covers costs related to the deployment of ILOs by the Commission

If more than one heading is affected by the proposal / initiative:

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on operational appropriations

–◻    The proposal/initiative does not require the use of operational appropriations

–◻    The proposal/initiative requires the use of operational appropriations, as explained below:

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.3.1.Summary

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–◻    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.2.Estimated requirements of human resources

–◻    The proposal/initiative does not require the use of human resources.

–◻    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

–◻    The proposal/initiative is compatible the current multiannual financial framework.

–◻    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

–◻    The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework.

3.2.5.Third-party contributions

–The proposal/initiative does not provide for co-financing by third parties.

–The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue

–x    The proposal/initiative has no financial impact on revenue.

–◻    The proposal/initiative has the following financial impact:

–◻    on own resources

–◻    on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1)    COM(2016) 385 final.

(2)    OJ L 64, 2.3.2004, p. 1–4.

(3)    OJ L 141, 27.5.2011, p. 13–16.

(4)    17 Member States as well Switzerland, Norway deployed ILO in January 2018.

(5)    Council Decision of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (2005/267/EC) repealed by Regulation (EU) 2016/1624 on the European Border and Coast Guard.

(6)    Format of the report was specified in Commission Decision 2005/687/EC.

(7)    http://www.consilium.europa.eu/en/press/press-releases/2015/04/23/special-euco-statement/.

(8)    COM(2015) 240.

(9)    COM(2015) 285.

(10)    Ethiopia, Jordan, Lebanon, Mali, Morocco, Niger, Nigeria, Pakistan, Senegal, Serbia, Sudan, Tunisia and Turkey.

(11)    COM(2017) 558.

(12)    COM(2017) 728 final.

(13)    COM(2016) 377.

(14)    This panel was attended by France, Germany, Spain, The Netherlands and the United Kingdom. Belgium, who could not attend the panel, was subsequently consulted.

(15)    Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 064, 2.3.2004, p. 1).

(16)    See Annex I.

(17)    OJ L 67, 12.3.2003, p. 27

(18)    Regulation (EU) No 2016/1624 of the European Parliament and of the Council on the European Border and Coast Guard and amending Regulation (EU) 2016/299 of the European Parliament and of the Council and repealing Regulation (EC) No 836/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1-76).

(19)    Regulation (EU) No 1052/2016 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11-26).

(20)    Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p.143).

(21)    Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.1).

(22)    Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(23)    Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 008, 12.1.2001, p.1).

(24)    Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

(25)    OJ L 176, 10.7.1999, p. 36.

(26)    Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(27)    OJ L 53, 27.2.2008, p. 52.

(28)    Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(29)    OJ L 160, 18.6.2011, p. 21.

(30)    Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

(31)    Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

(32)    Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

(33)    OJ L 83, 1.4.2005, p. 48.

(34)    OJ L 349, 25.11.2004, p. 1.

(35)    OJ L 264, 8.10.2005, p. 8.

(36)    ABM: activity-based management; ABB: activity-based budgeting.

(37)    As referred to in Article 54(2)(a) or (b) of the Financial Regulation.

(38)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

(39)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(40)    EFTA: European Free Trade Association.

(41)    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

(42)    Year N is the year in which implementation of the proposal/initiative starts.

(43)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(44)    Year N is the year in which implementation of the proposal/initiative starts.

(45)    Year N is the year in which implementation of the proposal/initiative starts.

(46)    Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(47)    As described in point 1.4.2. ‘Specific objective(s)…’

(48)    Year N is the year in which implementation of the proposal/initiative starts.

(49)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(50)    AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JED= Junior Experts in Delegations.

(51)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(52)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.

EUROPEAN COMMISSION

Brussels,16.5.2018

COM(2018) 303 final

ANNEX

to the

Regulation from the European Parliament and of the Council

on the creation of a European network of immigration liaison officers (recast)

{SWD(2018) 197 final}

é

ANNEX I

Repealed Regulation with the amendment thereto

_____________

ANNEX VII

Correlation Table

_____________