Mutual information mechanism for national asylum and immigration measures

SUMMARY OF:

Decision 2006/688/EC establishing a mutual information mechanism concerning EU countries' measures in the areas of asylum and immigration

WHAT IS THE AIM OF THE DECISION?

It aims to improve the sharing of information between EU countries concerning national asylum and immigration measures.

It sets up a formal information procedure between EU countries and the European Commission, with the aim of improving the coordination of immigration and asylum policies between EU countries.

KEY POINTS

Information sharing and transmission

The mutual information mechanism (MIM) permits the sharing of information between the Commission and EU countries concerning national laws on asylum and immigration.

EU countries are required to transmit the measures they intend to take or have recently taken:

through a web-based network; and
using the report form annexed to the decision.

This information should be transmitted as soon as possible and at the latest when it becomes publicly available.

EU countries are required to communicate to the Commission and the other EU countries only measures that are likely to have a significant impact:

in other EU countries;
at the level of the EU as a whole.

Development and management of the network

The Commission is responsible for developing and managing the network. In setting up the network, it was to make use of the existing technical platform of the trans-European telematic network for the exchange of information between EU country authorities (known as CIRCA). The network allows the Commission and EU countries to request from one or more countries additional information on measures communicated.

Any specific national measure notified in this way may give rise to an exchange of views between EU country experts and the Commission.

In addition to these technical discussions, each year, the Commission must prepare a report summarising the most relevant information transmitted by EU countries. This report is submitted to the European Parliament and the Council for use as the basis of ministerial discussions on national asylum and immigration policies.

Evaluation

The Commission published a report in 2009 evaluating the MIM’s operation. Between April 2007 and 30 September 2009, only 16 EU countries had transmitted information via the MIM on only 45 measures. No communications were made on final decisions of the highest courts or tribunals.

The format in which the communications were made was rarely homogeneous, with the reporting form annexed to the decision not always being used.

At times, only the English title and the text in the original language were provided, resulting in problems of comprehension. There were also differences in the content of the reporting forms submitted: some were fairly comprehensive, while others only provided a cursory description without an indication of the nature of the measure.

The report concluded that MIM had not fulfilled its objectives since the quantity of information submitted was nominal. However, since it had only been operational for a short period, the Commission considered it premature to propose amendments to the decision.

The Mutual information mechanism for national asylum and immigration measures was not activated by either the Commission nor the EU countries, not even during the two years of the very high influx of migrants into Europe, in 2015 and 2016. Instead, the EU countries (European Union Presidencies) seemed to prefer to use the European Union crisis information mechanism to exchange data about migration flows. This request for information was then gradually taken over by the relevant European Union Agencies, EASO and FRONTEX, who today provide the bulk of the migration data needed for today's migration flow. Further information about important developments in the migration field in EU countries is regularly updated through the European Migration Network’s news bulletins that are regularly produced each quarter.

Nonetheless, it cannot be excluded that the MIM mechanism may prove useful in future migration information exchanges between the EU countries and the European Commission and therefore its existence is still justifiable.

FROM WHEN DOES THE DECISION APPLY?

It has applied since 3 November 2006.

BACKGROUND

National measures in the areas of immigration and asylum are likely to have an impact on other EU countries. This is due to:

the absence of border checks in the Schengen area;
the close economic and social relations between EU countries; and
the development of common visa, immigration and asylum policies.

For more information, see:

European Migration Network at the national level (European Commission).

MAIN DOCUMENT

Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States’ measures in the areas of asylum and immigration (OJ L 283, 14.10.2006, pp. 40-43)