Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE | DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (PPE) | GUILLAUME Sylvie (S&D), ILCHEV Stanimir (ALDE), KELLER Ska (Verts/ALE), TAVARES Rui (Verts/ALE), KIRKHOPE Timothy (ECR), BORGHEZIO Mario (NI) |
Legal Basis TFEU 074, TFEU 079-p2
Activites
- 2011/05/27 Final act published in Official Journal
-
2011/04/05
Final act signed
-
2011/04/05
End of procedure in Parliament
- #3075
-
2011/03/14
Council Meeting
-
2011/03/14
Act adopted by Council after Parliament's 1st reading
-
2010/12/14
Results of vote in Parliament
- Results of vote in Parliament
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T7-0469/2010
summary
The European Parliament adopted by 578 votes to 34, with 60 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network (ILO). It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Meetings: it is provided that Representatives of the Commission and the FRONTEX Agency may participate in meetings initiated by Member States between the immigration liaison officers posted in a particular third country or region. Other bodies and authorities, such as the European Asylum Support Office and the Office of the United Nations High Commissioner for Refugees (UNHCR), could also be invited.Asylum seekers: amongst the matters to be discussed in immigration officers networks, Members included exchanging information, when appropriate, on experience regarding asylum seekers' access to protection.Report on the activities of the ILOs’ networks: the Presidency’s report on the activities of immigration liaison officers’ networks in matters relating to illegal immigration must take into consideration all the relevant aspects, including human rights. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the European Parliament, the Council and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the Union, as well as on the situation in those regions and/or countries, in matters relating to illegal immigration, taking into consideration all the relevant aspects, including human rights. The selection of the specific regions and/or countries 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. Lastly, the Commission shall also take into consideration human rights aspects where relevant, in providing a factual summary and, where appropriate, recommendations to the European Parliament and to the Council, on an annual basis, on the development of the immigration liaison officers networks.
- 2010/12/13 Debate in Parliament
- 2010/11/29 Committee report tabled for plenary, 1st reading/single reading
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2010/11/25
Vote in committee, 1st reading/single reading
- #3043
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2010/11/08
Council Meeting
-
3043
summary
The Council heard a progress report on the negotiations concerning revised rules of the immigration liaison officers (ILO) network. The ILO network was established in 2004 as a cooperation tool for the management of migration flows and of the EU's external borders.Amendments to regulation (EC) No 377/2004 are mainly intended to make the use of the network more efficient by providing a legal basis for cooperation between Frontex and the ILO networks, promote the use of an internal IT tool for regular exchange of information and practical experience, highlight the possibility of using the External Borders Fund for the creation and smooth operation of ILO networks, and rationalise the reporting system relating to the activities of the ILO network.
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3043
summary
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2009/07/14
Committee referral announced in Parliament, 1st reading/single reading
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2009/07/08
Legislative proposal published
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COM(2009)0322
summary
PURPOSE: to amend Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network in order to ensure efficient use of this important cooperation tool for the management of migration and external borders.PROPOSED ACT: Regulation of the European Parliament and of the Council.CONTENT: in 2004, the Council adopted Regulation (EC) No 377/2004, which lays down the obligation to establish forms of cooperation among immigration liaison officers of Member States. Recall that ‘immigration liaison officer’ (or ILO) means any representative of one of the Member States, posted abroad by the immigration service 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.In the light of practical experience gained over the years, it became clear that there was a need to make a number of modifications to the ILO network to make it more effective and improve its scope of action.The planned changes are as follows:to enable the OLI network to participate in the ICONet network: by Decision 2005/267/EC, the Council established a secure web-based Information and Coordination Network for Member States’ Migration Management Services (known as ‘ICONet’). This network enables, in particular, the exchange of information on irregular migration, illegal entry and immigration and the return of illegal residents. It is therefore important to include the immigration liaison officers in this network for the exchange of information and practical experience;to establish a legal basis to provide for specific cooperation with Frontex: the Council adopted Regulation (EC) No 2007/2004 establishing Frontex. This Agency’s tasks include facilitating operational cooperation between Member States and third countries and exchanging information and experience on border control issues. Although immigration liaison officers posted in relevant third countries could provide a substantial contribution to the fulfilment of the tasks of FRONTEX, this potential is not yet adequately exploited. This new form of cooperation has therefore been proposed and immigration liaison officers should be able to collect information concerning illegal immigration that may help the Agency;to reorganise certain meetings of the ILO network: several Member States have informally agreed to lead regional ILO networks in Africa and to hold meetings in this context. Given that the current wording of the Regulation only encourages Member States holding the Presidency of the Council of the European Union (or Member States serving as acting Presidency) to take the initiative to hold such meetings, the Commission is proposing a clarification to the effect that also Member States agreeing to lead regional networks are in a position to hold such meetings;to clarify the ILO network’s obligation to be accountable: Regulation (EC) No 377/2004 stipulates that the Member State holding the Presidency of the Council, or the Member State serving as acting Presidency, shall draw up, by the end of each semester, a report on the activities of the network. Such a report shall be drawn up in accordance with a model and a format established by the Commission and will constitute an essential form of information for the preparation, at the end of each Presidency, of an evaluation report to be submitted to the Council. Given that the current procedure for presenting the reports is burdensome for the Commission, it has been proposed that the relevant provisions be adapted in order to rationalise the current system, while ensuring that the European Parliament is duly informed.Territorial provisions: Norway, Iceland, Switzerland and Liechtenstein shall be associated with the implementation of the Regulation pursuant to the bilateral agreements concluded with the EU on the Schengen acquis. The United Kingdom and Ireland shall not participate in the adoption of the text, pursuant to the protocol annexed to the EU Treaty and subsequent decisions. For the same reasons, Denmark shall not participate in the adoption of the text but may decide within a period of 6 months if it will transpose or not this text into its national law.IMPACT ASSESSMENT: an impact assessment was not carried out because the present proposal introduces only minor and mainly technical changes into existing legislation.BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia
-
COM(2009)0322
summary
Documents
- Legislative proposal published: COM(2009)0322
- Debate in Council: 3043
- Committee report tabled for plenary, 1st reading/single reading: A7-0342/2010
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0469/2010
- : Regulation 2011/493
- : OJ L 141 27.05.2011, p. 0013
| Amendments | Dossier |
| 28 |
2009/0098(COD)
2009/11/12
LIBE
24 amendments...
Amendment 10 #
Proposal for a directive – amending act Article 1 – point -1 b (new) Regulation (EC) No 377/2004 Article 2 – paragraph 2 (-1b) Article 2, paragraph 2 is amended as follows: "2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: - flows of illegal immigrants originating from or transiting through the host country, - routes followed by those flows of illegal immigrants in order to reach the territories of the Member States, - their modus operandi, including the means of transport used, the involvement of intermediaries, etc., - the existence and activities of criminal organisations involved in the smuggling of immigrants, - incidents and events that may be or become the cause for new developments with respect to flows of illegal immigrants, - methods used for counterfeiting or falsifying identity documents and travel documents, - ways and means to assist the authorities in host countries in fighting the causes of forced migration, - ways and means to facilitate the return and repatriation of illegal immigrants to their countries of origin, - legislation and legal practices relevant to the issues referred to above, - information transmitted via the early warning system, - information about the situation regarding human rights in the host country."
Amendment 11 #
Proposal for a directive – amending act Article 1 – point -1 c (new) Regulation (EC) No 377/2004 Article 3 – paragraph 1 (-1c) Article 3, paragraph 1 is amended as follows: "1. Member States shall systematically and without delay inform one another, the European Parliament, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. The Commission shall provide a collection of this information to the Council and Member States."
Amendment 12 #
Proposal for a directive – amending act Article 1 – point -1 d (new) Regulation (EC) No 377/2004 Article 3 – paragraph 2 (-1d) Article 3, paragraph 2 is amended as follows: "2. Each Member State shall also inform the others as well as the European Parliament 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."
Amendment 13 #
Proposal for a directive – amending act Article 1 – point 2 Regulation (EC) No 377/2004 Article 4 – paragraph 1 – indent 2 - exchange information and
Amendment 14 #
Proposal for a directive – amending act Article 1 – point 2 - sub-point a a (new) Regulation (EC) No 377/2004 Article 4 – paragraph 1 - indent 8 a (new) a a) The following indent (8a) is added to paragraph 1: "- implement a common information policy aimed at making the population in the countries of origin aware of the existence of legal channels of immigration and warning them of the dangers of irregular immigration and of human trafficking networks."
Amendment 15 #
Proposal for a directive – amending act Article 1 – point 2 Regulation (EC) No 377/2004 Article 4 – paragraph 2 2. Representatives of the Commission and the FRONTEX Agency established by Regulation (EC) No 2007/2004 shall be entitled to participate in the meetings organised within the framework of the immigration liaison officers network, although, if required by operational considerations, meetings may be held in the absence of these representatives. Other bodies and authorities reporting to the national administrations responsible for the management of migration flows may also be invited, as appropriate.
Amendment 16 #
Proposal for a directive – amending act Article 1 – point 2 Regulation (EC) No 377/2004 Article 4 – paragraph 2 2. Representatives of the Commission and the FRONTEX Agency established by Regulation (EC) No 2007/2004 and of the European Asylum Support Office (EASO) shall be entitled to participate in the meetings organised within the framework of the immigration liaison officers network, although, if required by operational considerations, meetings may be held in the absence of these representatives. Other bodies and authorities may also be invited, as appropriate.
Amendment 17 #
Proposal for a directive – amending act Article 1 – point 2 Regulation (EC) No 377/2004 Article 4 – paragraph 2 2. Representatives of the Commission,
Amendment 18 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 1 1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in
Amendment 19 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 1 1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to i
Amendment 2 #
Proposal for a directive – amending act Recital 2 (2) Council Decision 2005/267/EC established a secure web-based Information and Coordination Network for Member States’ Migration Management Services (ICONet) for the exchange of information on irregular migration, illegal entry
Amendment 20 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 1 1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to legal and illegal immigration, including a human rights based approach. The selection, following a consultation with the Member States, the European Parliament and the Commission, of the specific regions and/or countries of particular interest to the European Union shall be based on objective migratory indicators, such as statistics on legal and illegal migration, the situation of human rights and risk analyses prepared by the FRONTEX Agency, and shall be in line with overall EU external relations policy.
Amendment 21 #
Proposal for a directive – amending act Article 1 - point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 1 1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to i
Amendment 22 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 3 3. The Commission shall, on the basis of the abovementioned reports, provide a factual summary to the Council and to the European Parliament, on an annual basis, on the development of the immigration liaison officers’ networks and an assessment of their activities, specifically regarding the protection of and respect for international human rights law.
Amendment 23 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 2 a (new) 2a. Such reports shall constitute an essential form of information for the preparation of an annual evaluation report to be submitted to the European Parliament and the Council, and drafted by the Commission, on the existing situation in the selected regions and/or countries in accordance with paragraph 1 of this Article.
Amendment 24 #
Proposal for a directive – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 2 b (new) 2b. Those evaluation reports shall in particular focus on the activities of the immigration liaison officer networks in relation to the development of a common policy on irregular immigration, smuggling of and trafficking in human beings, the external borders and the return of irregular immigrants. Furthermore, the reports shall provide an overview of the possible effects of the secondment of immigration liaison officers on the number of asylum seekers/ applications for international protection originating from the third countries in question as well as an overview of the number of passengers who were refused boarding by air carriers at airports where such officers are deployed.
Amendment 25 #
Proposal for a directive – amending act Article 1 – point 3 a (new) Regulation (EC) No 377/2004 Article 6 a (new) (3 a) The following Article is added to the Regulation: "Article 6 a In its activities, the immigration liaison officers' network shall respect democratic principles, fundamental rights, the principle of transparency, and the national sovereignty of the countries and their laws."
Amendment 3 #
Proposal for a directive – amending act Recital 4 (4) Immigration liaison officers have to collect information concerning i
Amendment 4 #
Proposal for a directive – amending act Recital 4 (4) Immigration liaison officers have to collect information concerning i
Amendment 5 #
Proposal for a directive – amending act Recital 6 (6) Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishes for the period from 1 January 2007 to 31 December 2013 the External Borders Fund as part of the General programme ‘Solidarity and Management of Migration Flows’, in order to contribute to strengthening the area of freedom, security and justice and applying the principle of solidarity between the Member States and with third countries. The available resources of this Fund may be used to enhance the activities organised by the consular and other services of Member States in third countries and to support the reinforcement of the operational capacity of the immigration liaison officers' networks, thereby promoting a more effective cooperation via these networks, between the Member States.
Amendment 6 #
Proposal for a directive – amending act Recital 7 (7) The Council, the European Parliament
Amendment 7 #
Proposal for a directive – amending act Recital 7 (7) The Council, the European Parliament and the Commission should be informed regularly about the activities of immigration liaison officers' networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to i
Amendment 8 #
Proposal for a directive – amending act Article 1 – point -1 (new) Regulation (EC) No 377/2004 Article 1 – paragraph 1 (-1) Article 1, paragraph 1 is amended as follows: "1. In this Regulation "immigration liaison officer" means a representative of one of the Member States, posted abroad by the immigration service or other competent authorities in order to establish and maintain contacts with the authorities of the host country with a view to contributing to the prevention and combating of causes of forced migration, the voluntary return of migrants and the management of legal migration."
Amendment 9 #
Proposal for a directive – amending act Article 1 – point -1 a (new) Regulation (EC) No 377/2004 Article 2 – paragraph 2 (-1a) Article 2, paragraph 2 is amended as follows: "2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: - flows of irregular immigrants originating from or transiting through the host country, - routes followed by those flows of irregular immigrants in order to reach the territories of the Member States, - their modus operandi, including the means of transport used, the involvement of intermediaries, etc., - the existence and activities of criminal organisations involved in the smuggling of immigrants, - incidents and events that may be or become the cause for new developments with respect to flows of irregular immigrants, - methods used for counterfeiting or falsifying identity documents and travel documents, - ways and means to assist the authorities in host countries in preventing irregular immigration flows originating from or transiting through their territories, - ways and means to facilitate the return and repatriation of irregular immigrants to their countries of origin, - legislation and legal practices relevant to the issues referred to above, - information transmitted via the early warning system, - ways and means to help launch immediate humanitarian aid in the event of the mass arrival of migrants at the border, - ways and means to facilitate legal immigration."
source: PE-430.622
2010/10/20
LIBE
4 amendments...
Amendment 1 #
Proposal for a regulation – amending act Recital 5 (5) All Member States should be able to initiate meetings, when considered appropriate, between the immigration liaison officers posted in a particular third country or region, in order to enhance cooperation between them. Representatives of the Commission and the FRONTEX Agency should participate in those meetings and other bodies and authorities, such as the European Asylum Support Office and the Office of the United Nations High Commissioner for Refugees (UNHCR), could also be invited.
Amendment 2 #
Proposal for a regulation – amending act Article 1 – point 2 – point a Regulation (EC) No 377/2004 Article 4 – paragraph 1 "– exchange information and practical experience, in particular at meetings and via ICONet, – exchange information, when appropriate, on experience regarding asylum seekers' access to protection,"
Amendment 3 #
Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 1 1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to illegal immigration. The Member State concerned shall take into consideration a human rights based approach when reporting on such a situation. The selection, following a consultation with the Member States and the Commission, of the specific regions and/or countries of particular interest to the European Union shall be based on objective migratory indicators, such as statistics on illegal immigration
Amendment 4 #
Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 377/2004 Article 6 – paragraph 3 3. The Commission shall, on the basis of the abovementioned reports
source: PE-450.952
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