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Document 52008AP0110

European Migration Network
European Parliament legislative resolution of 10 April 2008 on the proposal for a Council decision establishing a European Migration Network (COM(2007)0466 — C6-0303/2007 — 2007/0167(CNS))

IO C 247E, 15.10.2009, p. 52–60 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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Official Journal

15.10.2009

Official Journal of the European Union

CE 247/52

Thursday 10 April 2008
European Migration Network *

P6_TA(2008)0110

European Parliament legislative resolution of 10 April 2008 on the proposal for a Council decision establishing a European Migration Network (COM(2007)0466 — C6-0303/2007 — 2007/0167(CNS))

2009/C 247 E/13

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2007)0466),

having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0303/2007),

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to Rules 51 and 35 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0066/2008),

1.	Approves the Commission proposal as amended;

2.	Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.	Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.	Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.	Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Title

Proposal for a

COUNCIL DECISION

establishing a European Migration Network

Proposal for a

COUNCIL DECISION

establishing a European Migration and Asylum Network

Amendment 2

Recital 6

(6)

The EMN should avoid duplicating the work of existing Community instruments or structures whose purpose is to collect and exchange information in the areas of migration and asylum and should provide an added value in comparison with them, in particular through the broad scope of its tasks, a strong focus on analysis, links with the academic community and the public availability of its outputs.

(6)

The EMAN should avoid duplicating the work of existing Community instruments or structures whose purpose is to collect and exchange information in the areas of migration and asylum and should provide an added value in comparison with them, in particular through its neutrality, the broad scope of its tasks, a strong focus on analysis, links with the academic community , non-governmental organisations (NGOs), international organisations and central administrations, and the public availability of its outputs.

(if the amendment concerning abbreviation EMAN applies throughout the whole text, except for recitals 1 to 5)

Amendment 3

Recital 6a (new)

(6a)

Among other existing instruments and structures, Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (1) constitutes an important reference framework for the functioning of the EMAN. Attention should also be paid to the valuable work carried out by the CIREFI (2) and to Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (3) (ICOnet).

Amendment 4

Recital 8

(8)

In order to ensure that the National Contact Points have the necessary expertise to deal with the multi-faceted aspects of migration and asylum issues, they should be composed of at least three experts who, individually or jointly, have competencies in policy-making, law, research and statistics. These experts may come from the Member States’ administrations or from any other organisation .

(8)

In order to ensure that the National Contact Points have the necessary expertise to deal with the multi-faceted aspects of migration and asylum issues, they should be composed of at least three experts from different backgrounds (government departments, NGOs and universities) who, individually or jointly, have competencies in policy-making, law, research and statistics. These experts may come from the Member States’ administrations , NGOs, universities or research centres. Each National Contact Point should also collectively have adequate expertise in information technology, in setting up collaboration schemes and networking with other national organisations and entities, and in collaborating in a multilingual environment at European level.

Amendment 5

Recital 9

(9)

Each National Contact Point should establish a national migration network, composed of organisations and individuals active in the area of migration and asylum, and including , for example, universities, research organisations and researchers, governmental and non-governmental organisations and international organisations, in order to enable the voices of all relevant stakeholders to be heard.

(9)

Each National Contact Point should establish a national migration network, composed of organisations and individuals active in the area of migration and asylum . In order to ensure the reliability and comparability of information on migration and asylum produced by the network, the National Contact Points should include representatives from, for example, universities, research organisations and researchers, governmental and non-governmental organisations and international organisations, in order to enable the voices of all relevant stakeholders to be heard.

Amendment 6

Recital 12

(12)

When necessary for the attainment of its objectives, the EMN should be able to establish cooperative relationships with other entities active in the area of migration and asylum. When establishing such relationships, particular attention should be paid to ensuring a good degree of cooperation with entities in Denmark, Norway, Iceland, Switzerland, the candidate countries, countries covered by the European Neighbourhood Policy and Russia.

(12)

When necessary for the attainment of its objectives, the EMAN should be able to establish cooperative relationships with other entities active in the area of migration and asylum. When establishing such relationships, particular attention should be paid to ensuring a good degree of cooperation with entities in Denmark, Norway, Iceland, Switzerland, the candidate countries, countries covered by the European Neighbourhood Policy and Russia , with international organisations, including NGOs, with universities and research centres and with the countries of origin and of transit of asylum seekers and migrants .

Amendment 7

Recital 14

(14)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and 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 should be taken into account in the context of the information exchange system of the EMN .

(14)

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4), Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and 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 should be taken into account in the context of the information exchange system of the EMAN .

Amendment 8

Recital 14a (new)

(14a)

In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

Amendment 9

Recital 14b (new)

(14b)

In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

Amendment 10

Article 1, paragraph 2

The objective of the EMN shall be to meet the information needs of Community institutions, Member States’ authorities and institutions, and the general public on migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policy- and decision-making in the European Union in these areas.

The objective of the EMAN shall be to meet the information needs of Community institutions, Member States’ authorities and institutions, and the general public , as well as third countries and international organisations, on all aspects of migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration , asylum and integration, including detailed statistics showing the impact of EU legislation , with a view to supporting policy- and decision-making in the European Union in these areas.

Amendment 11

Article 2, point (a)

(a)	collect and exchange up-to-date data and information from a range of sources, including academia;

(a)	collect and exchange up-to-date and reliable data and information from a range of sources, including academia and NGOs ;

Amendment 12

Article 2, point (b)

(b)	undertake analysis of the data and information referred to in point (a) and provide it in a readily-accessible format;

(b)	undertake analysis of the data and information referred to in point (a) and provide it in a readily-accessible , understandable and comparable format;

Amendment 13

Article 2, point (c)

(c)	develop methods to improve the comparability, objectivity and reliability of data at Community level by establishing indicators and criteria that will improve the consistency of information and help in the development of Community activities related to migratory statistics;

(c)

develop methods to improve the comparability, objectivity and reliability of data at Community level by establishing indicators and criteria that will improve the consistency of information and help in the development of Community activities relating to migratory statistics and to asylum (for example, data and statistics concerning the number of legal and illegal immigrants, of returns, of asylum applications accepted and rejected, and of countries of origin) for the purpose of harmonising such indicators and criteria at European level, in cooperation with other competent European bodies ;

Amendment 14

Article 2, point (d)

(d)	publish periodic reports on the migration and asylum situation in the Community and its Member States;

(d)	produce and publish periodic reports on the migration and asylum situation in the Community and its Member States;

Amendment 15

Article 2, point (da) (new)

(da)

compile and publish the EU's and the Member States’ migration and asylum laws and any other relevant information on the subject (quotas, regularisations, terms and conditions to be met by those wishing to apply for refugee status, practices and related case-law, etc.). The exchange of information concerning the differing requirements on the labour market in the Member States could represent a step forward in the management of economic migrants as part of a comprehensive approach at EU level;

Amendment 16

Article 2, point (db) (new)

(db)

produce analyses, assessments, recommendations and conclusions on the implementation in the Member States of EC directives on migration and asylum and on the compliance of national rules with European and international rules, at the request of the Commission, the European Parliament or the Council, with a view to providing them with assistance and support in the performance of their respective tasks;

Amendment 17

Article 2, point (f)

(f)	raise awareness of the EMN , by providing access to the information it gathers and disseminating the output of the EMN ;

(f)	raise awareness of the EMAN , by providing access to the information it gathers and disseminating the output of the EMAN as widely as possible ;

Amendment 18

Article 2, point (g)

(g)	coordinate information and cooperate with other relevant European and international bodies.

(g)	coordinate information and cooperate with other relevant national, European and international governmental and non-governmental bodies.

Amendment 19

Article 2, paragraph 1a (new)

The EMAN shall ensure that its activities are consistent and coordinated with the relevant Community instruments and structures in the area of migration and asylum.

Amendment 20

Article 4, paragraph 2, point (a)

(a)	participate in the preparation of the EMN's annual programme of activities, on the basis of a draft from the Chair;

(a)

contribute to the preparation of and approve the EMAN's annual programme of activities , including an indicative amount of the minimum and maximum budget for each National Contact Point, which ensures that the basic costs arising from the proper functioning of the EMAN, in accordance with Article 5, are covered, on the basis of a draft from the Chair;

Amendment 21

Article 4, paragraph 2, point (d)

(d)	identify the most appropriate strategic cooperative relationships with other entities competent in the area of migration and asylum and approve, when necessary, the administrative arrangements for such cooperation, as referred to in Article 10;

(d)

identify the most appropriate strategic cooperative relationships with other national, European and international governmental and non-governmental entities competent in the area of migration and asylum and approve, when necessary, the administrative arrangements for such cooperation, as referred to in Article 10;

Amendment 22

Article 5, paragraph 1

1.	Each Member State shall designate one entity which shall act as National Contact Point.

1.	Each Member State shall designate one neutral entity which shall act as National Contact Point.

In order to facilitate the work of the EMAN and to ensure the achievement of its objectives, the Member States shall take into account, when necessary, the need for coordination between their representative on the Steering Board and their National Contact Point.

The National Contact Point shall be composed of at least three experts. One of these experts, who shall act as the national coordinator, shall be an official or employee of the designated entity. The remaining experts may belong to this entity or to other national and international organisations based in the Member State, either public or private.

The National Contact Point shall be composed of at least three experts from different backgrounds (government departments, NGOs and universities) . One of these experts, who shall act as the national coordinator, shall be an official or employee of the designated entity.

The National Contact Points shall be bound by the principles of impartiality and objectivity in all aspects of their competences.

Amendment 23

Article 5, paragraph 2, point (a)

(a)	expertise in the area of asylum and migration, covering aspects of policy-making, law, research and statistics;

(a)	wide-ranging expertise in the area of asylum and migration, covering aspects of policy-making, law, research and statistics;

Amendment 24

Article 5, paragraph 3, point (b)

(b)	contribute national data to the information exchange system referred to in Article 8;

(b)	contribute national data , analyses and assessments to the information exchange system referred to in Article 8;

Amendment 25

Article 5, paragraph 3, point (c)

(c)	develop a capacity to issue ad hoc requests addressed to it and to quickly respond to such requests from other National Contact Points;

(c)	develop a capacity to issue ad hoc requests addressed to it and to quickly respond to such requests from other National Contact Points as well as to requests from the Commission, the European Parliament or the Council ;

Amendment 26

Article 5, paragraph 3, point (d)

(d)

establish a national migration network, composed of a wide-range of organisations and individuals active in the area of migration and asylum and representing all relevant stakeholders. Members of the national migration network may be called upon to contribute to the activities of the EMN , in particular with regard to Articles 8 and 9.

(d)

establish a national migration and asylum network, composed of a wide-range of governmental and non-governmental organisations , in particular universities, research centres, and professional associations, and individuals active in the various areas of migration and asylum , representing all relevant stakeholders and capable of providing specific know-how . Members of the national migration and asylum network shall be called upon to contribute to the activities of the EMAN , in particular with regard to Articles 8 and 9.

Amendment 27

Article 6, paragraph 3

After consultation of the Steering Board and the National Contact Points, the Commission shall, within the limits of the general objective and tasks defined in Articles 1 and 2, adopt the EMN's annual programme of activities. The programme shall specify the objectives and thematic priorities. The Commission shall monitor the execution of the annual programme of activities and regularly report on its execution and the development of the EMN to the Steering Board.

After consultation of the National Contact Points and of the European Parliament and approval by the Steering Board , the Commission shall, with due regard to the financial resources available and within the limits of the general objective and tasks defined in Articles 1 and 2, adopt the EMAN's annual programme of activities. The programme shall specify the objectives and thematic priorities. The Commission shall monitor the execution of the annual programme of activities and regularly report on its execution and the development of the EMAN to the Steering Board.

Amendment 28

Article 7, paragraph 5a (new)

5a.	The activities referred to in paragraph 5, if not planned in the EMAN's annual programme of activities, shall be communicated in good time to the National Contact Points.

Amendment 29

Article 8, title

Information exchange system

Publication, dissemination and exchange of information

Amendment 30

Article 8, paragraph 1

1.	An Internet-based information exchange system, accessible via a dedicated website, shall be established in accordance with this Article.

1.	An Internet-based information publication, dissemination and exchange system, accessible via a dedicated website, shall be established in accordance with this Article.

Amendment 31

Article 8, paragraph 2, subparagraph 1

2.	The content of the information exchange system shall normally be public.

2.	The content of the information publication, dissemination and exchange system shall normally be public.

Amendment 32

Article 8, paragraph 3, point (f)

(f)	a directory of researchers and research institutions in the area of migration and asylum.

(f)	a directory of researchers and research institutions in the area of migration and asylum and of NGOs and national, European, international and intergovernmental organisations active in that area .

Amendment 33

Article 8, paragraph 3, point (fa) (new)

(fa)	a European bibliography including published and unpublished academic works, in particular reports, brochures and conference papers;

Amendment 34

Article 8, paragraph 3, point (fb) (new)

(fb)	a European agenda announcing conferences and key events in relation to all aspects of migration and asylum;

Amendment 35

Article 8, paragraph 3, point (fc) (new)

(fc)	a database into which researchers and doctoral students may enter information on their theses and studies in progress.

Amendment 36

Article 9, paragraph 1

1.	Each National Contact Point shall produce every year a report describing the migration and asylum situation in the Member State, which shall include policy developments and statistical data.

1.	Each National Contact Point shall produce every year a report describing the migration and asylum situation in the Member State, which shall include legal developments (laws and case-law), policy developments and statistical data.

Amendment 37

Article 10, paragraph 1

1.	The EMN shall cooperate with entities in the Member States or in third countries, including international organisations , competent in the field of migration and asylum.

The EMAN shall cooperate with governmental and non-governmental entities , bodies and organisations at European Union level and in the Member States and third countries and international organisations competent in the field of migration and asylum.

The EMAN shall give priority to interaction with third countries of origin and transit for migrants to the European Union.

Amendment 38

Article 10, paragraph 1a (new)

1a.

EMAN cooperation with the countries in which asylum-seekers and migrants originate and through which they transit shall ensure consistency in the implementation of the common immigration and asylum policy. Such cooperation shall be designed to achieve a suitable degree of cooperation with neighbouring countries in order to consolidate the European neighbourhood policy.

Amendment 39

Article 13

No later than three years after the entry into force of this Decision, and every three years thereafter, the Commission shall present to the European Parliament, the Council, the Committee of the Regions and the Economic and Social Committee, a report on the development of the EMN . The report shall be accompanied, if necessary, by proposals for amendments to this Decision.

No later than three years after the entry into force of this Decision, and every three years thereafter, the Commission shall present to the European Parliament, the Council, the Committee of the Regions and the European Economic and Social Committee, a report on the development of the EMAN . The report shall be accompanied, if necessary, by proposals for amendments to this Decision with a view to the possible establishment of a European Migration Monitoring Centre .

Amendment 40

Article 15, paragraph 1

This Decision shall apply from 1 January 2008 .

This Decision shall apply from the date of its publication in the Official Journal of the European Union .

Amendment 41

Article 15a (new)

Article 15a

Revision

This Decision shall be revised within a period of six months following the entry into force of the Treaty of Lisbon.

(1) OJ L 199, 31.7.2007, p. 23.

(2) Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration (CIREFI), as established following Council Conclusions of 30 November 1994 (OJ C 274, 19.9.1996, p. 50).

(3) OJ L 83, 1.4.2005, p. 48.

(4) OJ L 145, 31.5.2001, p. 43.

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