BETA


2018/0153(COD) European network of immigration liaison officers. Recast

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE KYENGE Cécile Kashetu (icon: S&D S&D) MUSSOLINI Alessandra (icon: PPE PPE), GRIESBECK Nathalie (icon: ALDE ALDE), VERGIAT Marie-Christine (icon: GUE/NGL GUE/NGL), KELLER Ska (icon: Verts/ALE Verts/ALE), VILIMSKY Harald (icon: ENF ENF)
Committee Opinion AFET
Committee Recast Technique Opinion JURI GERINGER DE OEDENBERG Lidia Joanna (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
TFEU 074, TFEU 079-p2

Events

2019/07/25
   Final act published in Official Journal
2019/06/20
   CSL - Draft final act
Documents
2019/06/20
   CSL - Final act signed
2019/06/20
   EP - End of procedure in Parliament
2019/06/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/06/14
   CSL - Council Meeting
2019/04/26
   RO_CHAMBER - Reasoned opinion
Documents
2019/04/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 414 votes to 191, with 44 abstentions, a legislative resolution on the 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’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Scope

The Regulation lays down rules to enhance cooperation and coordination among immigration liaison officers deployed to third countries by Member States, the Commission and Union agencies, through the creation of a European network of immigration liaison officers. This would not prevent the authorities of the Member States, the Commission and the Union agencies from defining the scope and assignment of the tasks of their respective immigration liaison officers and the reporting relationship between them.

Tasks of immigration liaison officers (ILO)

Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities and in accordance with the provisions, including those on the protection of personal data.

The amended text stipulates that the ILOs shall carry out their tasks in accordance with fundamental rights as general principles of Union law as well as international law, including human rights obligations. They shall have particular consideration for vulnerable persons and take into account the gender dimension of migration flows.

The information collected by ILOs should also cover:

- European integrated border management at the external borders, with a view to managing migration effectively;

- migratory flows originating from or transiting through the third country, including where possible and relevant, the composition of migratory flows and migrants' intended destination;

- means to facilitate return, readmission and reintegration;

- effective access to protection that the third country has put in place, including in favour of vulnerable persons;

- existing and possible future legal immigration strategies and channels between the Union and third countries, taking into account skills and labour market needs in Member States, as well as resettlement and other protection tools;

- capacity, capability, political strategies, legislation and legal practices of third countries and stakeholders, including, where possible and relevant, regarding reception and detention centres and the conditions therein.

Local or regional networks of immigration liaison officers

Immigration liaison officers deployed to the same countries or regions shall constitute local or regional cooperation networks and cooperate, where and when appropriate, with liaison officers deployed by countries other than Member States. They shall inter alia , attend joint specialised training courses, when appropriate, including on fundamental rights, trafficking in human beings, smuggling of migrants, document fraud or access to international protection in third countries.

Steering Board

Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Steering Board and shall appoint one representative each as members without voting rights. They shall be allowed to express views on all issues discussed and decisions taken by the Steering Board. When taking decisions on matters that are relevant for immigration liaison officers deployed by countries associated with the implementation, application and development of the Schengen acquis, the Steering Board shall take due account of the views expressed by the representatives of those countries.

Information exchange platform

It is stated that no operational law enforcement information of a strictly confidential nature shall be exchanged via the secure web-based information exchange platform. Access to data shall be restricted to immigration liaison officers, members of the Steering Board and duly authorised staff for the purpose of implementation of this Regulation.

The European Parliament shall be given access to certain parts of the secure web-based information exchange platform, as determined by the Steering Board in its rules of procedure and in accordance with the applicable Union and national rules and legislation.

Processing personal data

Personal data processed may include:

- 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;

- passenger lists for return flights and other means of transport to third countries;

- biometric or biographic data to confirm the identity and nationality of third-country nationals for the purpose of legal migration admission;

- biometric or biographic data to confirm the identity and nationality of third-country nationals in need of international protection for the purpose of resettlement;

- biometric, biographic data as well as other personal data necessary for establishing the identity of an individual and necessary for preventing and combating smuggling of migrants and trafficking in human beings, as well as personal data related to criminal networks’ modi operandi , means of transports used, involvement of intermediaries and financial flows.

Any exchange of personal data shall be strictly limited to what is necessary for the purposes of this Regulation.

Those personal data shall be erased when they are no longer necessary in relation to the purposes for which they were collected or otherwise processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation).

Documents
2019/03/11
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/02/28
   CSL - Coreper letter confirming interinstitutional agreement
2019/01/29
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Cécile Kashetu KYENGE (S&D, IT) on the 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 committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Objectives

According to Members, the Regulation should aim to optimise the use of the different expertise of immigration liaison officers deployed in third countries by Member States, the Commission and EU agencies to implement more effectively the Union's priorities of:

ensure better management of migration, gradually replace irregular migration with safe and legal migration or asylum pathways, prevent and combat the smuggling of migrants and trafficking in human beings, facilitate effective and dignified returns, readmission and reintegration, contribute to the integrated management of the Union's external borders, support the management of legal immigration or international protection programmes in full compliance with humanitarian and human rights obligations.

Missions of Immigration Liaison Officers (ILO)

Information collected by ILOs shall include:

information on the age and gender of migrants and their future travel plans; incidents and events that can be or become the cause of a new development or reconfiguration of migratory movements; means of assisting the authorities of the third country (i) to provide adequate guidance and support at the external borders in view of monitoring migration flows; (ii) to provide adequate guidance and support to persons authorised to enter the Union by lawful means; (iii) to assess the general situation of fundamental rights in the third country, including information on localisation and conditions of both receptions and detention centre as well as the conditions of such detention; the means to facilitate the dignified and human-rights compliant return, readmission and reintegration and where possible to monitor the situation of returning third-country nationals; the measures adopted or put in place in favour of vulnerable persons; legal immigration strategies to be promoted and existing channels or channels to be developed between the Union and third countries, including resettlement, humanitarian visas issued by Member States and other protection tools as well as mobility partnerships, labour migration, visas for students and family reunification.

Within the limits of their expertise and training, immigration liaison officers may provide assistance in this regard:

to confirm the identity of illegally staying third-country nationals in order to facilitate the reintegration of returning third-country nationals; to facilitate the resettlement or the admission of persons, especially the most vulnerable, in need of or seeking international protection in the Union, by providing them with adequate pre-departure orientation, information and support; to facilitate the implementation of Union measures to combat the smuggling of migrants and trafficking in human beings by sharing information obtained in the course of their duties within networks of immigration liaison officers and with competent authorities of the Member States, including law enforcement authorities.

Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities, fully respecting human dignity and fundamental rights, with a particular focus on vulnerable persons.

The network of immigration liaison officers should include, where possible, immigration liaison officers specialising in the protection of children, trafficking in human beings, gender equality and protection against gender-based violence.

Immigration liaison officers shall follow a gender-sensitive approach when carrying out their tasks.

Steering Board

The Steering Board shall set priorities and define activities, adopting an annual work programme and indicating resources needed to support that work, which shall be forwarded to the European Parliament without undue delay. A Member of the European Parliament shall participate in the Steering Committee as an observer.

The Steering Board shall develop, in cooperation with the European Union Agency for Fundamental Rights, clear guidelines applicable to all immigration liaison officers providing guidance on how to ensure respect for fundamental rights.

Data processing

Members proposed to prohibit any exchange of personal data that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights.

Documents
2019/01/23
   EP - Vote in committee, 1st reading/single reading
2019/01/23
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/26
   EP - Amendments tabled in committee
Documents
2018/11/06
   EP - Opinion on the recast technique
Documents
2018/11/06
   EP - GERINGER DE OEDENBERG Lidia Joanna (S&D) appointed as rapporteur in JURI
2018/10/18
   EP - Committee draft report
Documents
2018/10/16
   RO_CHAMBER - Contribution
Documents
2018/07/05
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/06/11
   EP - KYENGE Cécile Kashetu (S&D) appointed as rapporteur in LIBE
2018/05/17
   EC - Document attached to the procedure
2018/05/16
   EC - Legislative proposal published
Details

PURPOSE: to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: there are almost 500 immigration liaison officers (referred as ILOs) currently deployed by Member States to third countries. The existing Regulation (EC) No 377/2004 on ILOs 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.

The evaluation of the current ILO Regulation confirmed that ILOs and their networks remain relevant in the current global migration context and consistent with existing and planned EU migration policies. It also highlighted that this Regulation had a limited and above all indirect impact on the establishment of formal networks between ILOs deployed in the same place, on the intensification of the collection and sharing of information and on the improvement of the coordination of the EU's position and activities towards third countries.

The Commission therefore proposes to review legislation on ILOs deployed by EU Member States in third countries in order to help strengthen the European dimension of coordination with key stakeholders.

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.

CONTENT: this proposal to recast Regulation (EC) No 377/2004 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.

The proposal aims to:

strengthen the rules governing the sharing of strategic information with the Union Agencies , ensuring that this becomes a two-way process and Member State ILOs access the relevant Agencies' analytical products in a more systematic manner and are further assisted in fulfilling their tasks in locations; closer coordination both at network management and at regional operational level of immigration liaison officers deployed by Member States, the Commission and Union agencies.

In order to strengthen the governance of a European network of ILOs, the proposal:

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; 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.

BUDGETARY IMPLICATION: the total cost of implementing the proposal is estimated at EUR 17.3 million over a nine-year period starting in 2019 , of which EUR 1.6 million to support the functioning of the Steering Board, EUR 12 million for the implementation of the activities of a European network of ILOs and EUR 3.5 million estimated for the deployment of the immigration liaison officers by the Commission.

If the proposal is adopted before the next financial framework, the necessary resources (estimated at EUR 860 000) shall be financed from the current ISF Borders and Visas budget line and the amounts shall be deducted from the total allocation of EUR 17.3 million for the implementation of this proposal.

Documents

  • Final act published in Official Journal: Regulation 2019/1240
  • Final act published in Official Journal: OJ L 198 25.07.2019, p. 0088
  • Draft final act: 00050/2019/LEX
  • Reasoned opinion: PE638.486
  • Decision by Parliament, 1st reading/single reading: T8-0390/2019
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)001887
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001887
  • Committee report tabled for plenary, 1st reading/single reading: A8-0040/2019
  • Amendments tabled in committee: PE630.656
  • Opinion on the recast technique: PE629.752
  • Committee draft report: PE629.479
  • Contribution: COM(2018)0303
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0197
  • Legislative proposal published: COM(2018)0303
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2018)0197
  • Committee draft report: PE629.479
  • Opinion on the recast technique: PE629.752
  • Amendments tabled in committee: PE630.656
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001887
  • Reasoned opinion: PE638.486
  • Draft final act: 00050/2019/LEX
  • Contribution: COM(2018)0303

Votes

A8-0040/2019 - Cécile Kashetu Kyenge - Am 69 16/04/2019 12:49:01.000

2019/04/16 Outcome: +: 414, -: 191, 0: 44
DE IT RO ES GB BE BG PT NL SK FI HR MT EE AT SI LT SE LU LV PL IE HU DK CZ CY EL FR
Total
92
54
30
52
57
21
13
18
24
12
10
10
6
6
17
8
8
18
6
8
44
8
16
11
20
1
11
68
icon: PPE PPE
192

United Kingdom PPE

2

Estonia PPE

For (1)

1
5

Lithuania PPE

2

Luxembourg PPE

3

Denmark PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
160

Netherlands S&D

For (2)

2

Finland S&D

1

Croatia S&D

2

Malta S&D

3

Estonia S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1
3

Czechia S&D

For (1)

Against (2)

Abstain (1)

4
icon: ALDE ALDE
62

Romania ALDE

3

United Kingdom ALDE

1

Bulgaria ALDE

3

Portugal ALDE

1

Croatia ALDE

For (1)

1

Estonia ALDE

3

Austria ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Lithuania ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Ireland ALDE

For (1)

1

Denmark ALDE

2
icon: ECR ECR
65

Romania ECR

For (1)

Abstain (1)

2

Bulgaria ECR

Abstain (1)

1

Netherlands ECR

2

Slovakia ECR

Abstain (1)

2

Finland ECR

1

Croatia ECR

Abstain (1)

1

Lithuania ECR

Against (1)

1

Sweden ECR

2

Latvia ECR

Against (1)

1

Czechia ECR

2

Greece ECR

Against (1)

1
icon: EFDD EFDD
30

Germany EFDD

Against (1)

1

Czechia EFDD

Against (1)

1
icon: NI NI
16

Germany NI

2

Italy NI

For (1)

1

Poland NI

Against (1)

2

Hungary NI

3

France NI

Abstain (1)

3
icon: ENF ENF
31

Germany ENF

Against (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Austria ENF

3

Poland ENF

2
icon: GUE/NGL GUE/NGL
44

Italy GUE/NGL

3

United Kingdom GUE/NGL

Against (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

Against (1)

3

Sweden GUE/NGL

Against (1)

1

Ireland GUE/NGL

Against (2)

Abstain (1)

3

Denmark GUE/NGL

Against (1)

1

Cyprus GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Estonia Verts/ALE

Abstain (1)

1

Austria Verts/ALE

3

Slovenia Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Sweden Verts/ALE

3

Luxembourg Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Hungary Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

A8-0040/2019 - Cécile Kashetu Kyenge - Am 69

2019/04/16 Outcome: +: 414, -: 191, 0: 44
DE IT RO ES GB BE BG PT NL SK FI HR MT SE EE AT SI LT LU LV PL IE HU DK ?? CZ CY EL FR
Total
92
53
30
50
56
21
13
18
24
12
10
10
6
17
6
17
8
8
6
8
44
8
16
11
2
20
1
11
68
icon: PPE PPE
192

United Kingdom PPE

2

Estonia PPE

For (1)

1
5

Lithuania PPE

2

Luxembourg PPE

3

Denmark PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
160

Netherlands S&D

For (2)

2

Finland S&D

1

Croatia S&D

2

Malta S&D

3

Estonia S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1
3

Czechia S&D

For (1)

Against (2)

Abstain (1)

4
icon: ALDE ALDE
61

Romania ALDE

3

United Kingdom ALDE

1

Bulgaria ALDE

3

Portugal ALDE

1

Croatia ALDE

For (1)

1

Estonia ALDE

3

Austria ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Lithuania ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Ireland ALDE

For (1)

1

Denmark ALDE

2
icon: ECR ECR
65

Romania ECR

For (1)

Abstain (1)

2

Bulgaria ECR

Abstain (1)

1

Netherlands ECR

2

Slovakia ECR

Abstain (1)

2

Finland ECR

1

Croatia ECR

Abstain (1)

1

Sweden ECR

2

Lithuania ECR

Against (1)

1

Latvia ECR

Against (1)

1

Czechia ECR

2

Greece ECR

Against (1)

1
icon: EFDD EFDD
30

Germany EFDD

Against (1)

1

EFDD

Against (1)

1

Czechia EFDD

Against (1)

1
icon: NI NI
16

Germany NI

2

Poland NI

Against (1)

2

Hungary NI

3

NI

For (1)

1

France NI

Abstain (1)

3
icon: ENF ENF
31

Germany ENF

Against (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Austria ENF

3

Poland ENF

2
icon: GUE/NGL GUE/NGL
44

Italy GUE/NGL

3

United Kingdom GUE/NGL

Against (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

Against (1)

3

Sweden GUE/NGL

Against (1)

1

Ireland GUE/NGL

Against (2)

Abstain (1)

3

Denmark GUE/NGL

Against (1)

1

Cyprus GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
47

Italy Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Sweden Verts/ALE

2

Estonia Verts/ALE

Abstain (1)

1

Austria Verts/ALE

3

Slovenia Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Hungary Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1
AmendmentsDossier
178 2018/0153(COD)
2018/11/26 LIBE 178 amendments...
source: 630.656

History

(these mark the time of scraping, not the official date of the change)

events/10
date
2019-07-25T00:00:00
type
Final act published in Official Journal
docs
procedure/final
title
Regulation 2019/1240
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R1240
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
docs/5/docs/0/url
http://www.europarl.europa.eu/RegData/docs_autres_institutions/parlements_nationaux/com/2018/0303/RO_CHAMBER_AVIS-COM(2018)0303_EN.pdf
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: KYENGE Cécile Kashetu date: 2018-06-11T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-06-11T00:00:00
rapporteur
name: KYENGE Cécile Kashetu group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/2
type
Committee Recast Technique Opinion
body
EP
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False
committee_full
Legal Affairs
committee
JURI
rapporteur
name: GERINGER DE OEDENBERG Lidia Joanna date: 2018-11-06T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/2
type
Committee Recast Technique Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2018-11-06T00:00:00
rapporteur
name: GERINGER DE OEDENBERG Lidia Joanna group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-06-11T00:00:00
rapporteur
name: KYENGE Cécile Kashetu group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
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EP
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False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-06-11T00:00:00
rapporteur
name: KYENGE Cécile Kashetu group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
activities
  • date: 2018-05-16T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0303/COM_COM(2018)0303_EN.pdf title: COM(2018)0303 type: Legislative proposal published celexid: CELEX:52018PC0303:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
  • date: 2018-07-05T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: None committee_full: Legal Affairs committee: JURI body: EP shadows: group: EPP name: MUSSOLINI Alessandra group: ALDE name: GRIESBECK Nathalie group: GUE/NGL name: VERGIAT Marie-Christine group: Verts/ALE name: KELLER Ska group: ENF name: VILIMSKY Harald responsible: True committee: LIBE date: 2018-06-11T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: KYENGE Cécile Kashetu
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2018-06-11T00:00:00
rapporteur
name: KYENGE Cécile Kashetu group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
body
EP
responsible
False
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AFET
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committees/2
type
Committee Recast Technique Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2018-11-06T00:00:00
rapporteur
name: GERINGER DE OEDENBERG Lidia Joanna group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/2
body
EP
shadows
responsible
True
committee
LIBE
date
2018-06-11T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: S&D name: KYENGE Cécile Kashetu
council
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3699 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3699*&MEET_DATE=14/06/2019 date: 2019-06-14T00:00:00
docs
  • date: 2018-05-17T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0197:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0197 type: Document attached to the procedure body: EC
  • date: 2018-10-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.479 title: PE629.479 type: Committee draft report body: EP
  • date: 2018-11-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.752 title: PE629.752 type: Opinion on the recast technique body: EP
  • date: 2018-11-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE630.656 title: PE630.656 type: Amendments tabled in committee body: EP
  • date: 2019-02-28T00:00:00 docs: title: GEDA/A/(2019)001887 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-04-26T00:00:00 docs: title: PE638.486 type: Reasoned opinion body: RO_CHAMBER
  • date: 2019-06-20T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00050/2019/LEX type: Draft final act body: CSL
  • date: 2018-10-16T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0303 title: COM(2018)0303 type: Contribution body: RO_CHAMBER
events
  • date: 2018-05-16T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0303/COM_COM(2018)0303_EN.pdf title: COM(2018)0303 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0303 title: EUR-Lex summary: PURPOSE: to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: there are almost 500 immigration liaison officers (referred as ILOs) currently deployed by Member States to third countries. The existing Regulation (EC) No 377/2004 on ILOs 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. The evaluation of the current ILO Regulation confirmed that ILOs and their networks remain relevant in the current global migration context and consistent with existing and planned EU migration policies. It also highlighted that this Regulation had a limited and above all indirect impact on the establishment of formal networks between ILOs deployed in the same place, on the intensification of the collection and sharing of information and on the improvement of the coordination of the EU's position and activities towards third countries. The Commission therefore proposes to review legislation on ILOs deployed by EU Member States in third countries in order to help strengthen the European dimension of coordination with key stakeholders. 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. CONTENT: this proposal to recast Regulation (EC) No 377/2004 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. The proposal aims to: strengthen the rules governing the sharing of strategic information with the Union Agencies , ensuring that this becomes a two-way process and Member State ILOs access the relevant Agencies' analytical products in a more systematic manner and are further assisted in fulfilling their tasks in locations; closer coordination both at network management and at regional operational level of immigration liaison officers deployed by Member States, the Commission and Union agencies. In order to strengthen the governance of a European network of ILOs, the proposal: 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; 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. BUDGETARY IMPLICATION: the total cost of implementing the proposal is estimated at EUR 17.3 million over a nine-year period starting in 2019 , of which EUR 1.6 million to support the functioning of the Steering Board, EUR 12 million for the implementation of the activities of a European network of ILOs and EUR 3.5 million estimated for the deployment of the immigration liaison officers by the Commission. If the proposal is adopted before the next financial framework, the necessary resources (estimated at EUR 860 000) shall be financed from the current ISF Borders and Visas budget line and the amounts shall be deducted from the total allocation of EUR 17.3 million for the implementation of this proposal.
  • date: 2018-07-05T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2019-01-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2019-01-23T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2019-01-29T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2019-0040&language=EN title: A8-0040/2019 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Cécile Kashetu KYENGE (S&D, IT) on the 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 committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows. Objectives According to Members, the Regulation should aim to optimise the use of the different expertise of immigration liaison officers deployed in third countries by Member States, the Commission and EU agencies to implement more effectively the Union's priorities of: ensure better management of migration, gradually replace irregular migration with safe and legal migration or asylum pathways, prevent and combat the smuggling of migrants and trafficking in human beings, facilitate effective and dignified returns, readmission and reintegration, contribute to the integrated management of the Union's external borders, support the management of legal immigration or international protection programmes in full compliance with humanitarian and human rights obligations. Missions of Immigration Liaison Officers (ILO) Information collected by ILOs shall include: information on the age and gender of migrants and their future travel plans; incidents and events that can be or become the cause of a new development or reconfiguration of migratory movements; means of assisting the authorities of the third country (i) to provide adequate guidance and support at the external borders in view of monitoring migration flows; (ii) to provide adequate guidance and support to persons authorised to enter the Union by lawful means; (iii) to assess the general situation of fundamental rights in the third country, including information on localisation and conditions of both receptions and detention centre as well as the conditions of such detention; the means to facilitate the dignified and human-rights compliant return, readmission and reintegration and where possible to monitor the situation of returning third-country nationals; the measures adopted or put in place in favour of vulnerable persons; legal immigration strategies to be promoted and existing channels or channels to be developed between the Union and third countries, including resettlement, humanitarian visas issued by Member States and other protection tools as well as mobility partnerships, labour migration, visas for students and family reunification. Within the limits of their expertise and training, immigration liaison officers may provide assistance in this regard: to confirm the identity of illegally staying third-country nationals in order to facilitate the reintegration of returning third-country nationals; to facilitate the resettlement or the admission of persons, especially the most vulnerable, in need of or seeking international protection in the Union, by providing them with adequate pre-departure orientation, information and support; to facilitate the implementation of Union measures to combat the smuggling of migrants and trafficking in human beings by sharing information obtained in the course of their duties within networks of immigration liaison officers and with competent authorities of the Member States, including law enforcement authorities. Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities, fully respecting human dignity and fundamental rights, with a particular focus on vulnerable persons. The network of immigration liaison officers should include, where possible, immigration liaison officers specialising in the protection of children, trafficking in human beings, gender equality and protection against gender-based violence. Immigration liaison officers shall follow a gender-sensitive approach when carrying out their tasks. Steering Board The Steering Board shall set priorities and define activities, adopting an annual work programme and indicating resources needed to support that work, which shall be forwarded to the European Parliament without undue delay. A Member of the European Parliament shall participate in the Steering Committee as an observer. The Steering Board shall develop, in cooperation with the European Union Agency for Fundamental Rights, clear guidelines applicable to all immigration liaison officers providing guidance on how to ensure respect for fundamental rights. Data processing Members proposed to prohibit any exchange of personal data that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights.
  • date: 2019-03-11T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: title: GEDA/A/(2019)001887
  • date: 2019-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0390 title: T8-0390/2019 summary: The European Parliament adopted by 414 votes to 191, with 44 abstentions, a legislative resolution on the 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’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Scope The Regulation lays down rules to enhance cooperation and coordination among immigration liaison officers deployed to third countries by Member States, the Commission and Union agencies, through the creation of a European network of immigration liaison officers. This would not prevent the authorities of the Member States, the Commission and the Union agencies from defining the scope and assignment of the tasks of their respective immigration liaison officers and the reporting relationship between them. Tasks of immigration liaison officers (ILO) Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities and in accordance with the provisions, including those on the protection of personal data. The amended text stipulates that the ILOs shall carry out their tasks in accordance with fundamental rights as general principles of Union law as well as international law, including human rights obligations. They shall have particular consideration for vulnerable persons and take into account the gender dimension of migration flows. The information collected by ILOs should also cover: - European integrated border management at the external borders, with a view to managing migration effectively; - migratory flows originating from or transiting through the third country, including where possible and relevant, the composition of migratory flows and migrants' intended destination; - means to facilitate return, readmission and reintegration; - effective access to protection that the third country has put in place, including in favour of vulnerable persons; - existing and possible future legal immigration strategies and channels between the Union and third countries, taking into account skills and labour market needs in Member States, as well as resettlement and other protection tools; - capacity, capability, political strategies, legislation and legal practices of third countries and stakeholders, including, where possible and relevant, regarding reception and detention centres and the conditions therein. Local or regional networks of immigration liaison officers Immigration liaison officers deployed to the same countries or regions shall constitute local or regional cooperation networks and cooperate, where and when appropriate, with liaison officers deployed by countries other than Member States. They shall inter alia , attend joint specialised training courses, when appropriate, including on fundamental rights, trafficking in human beings, smuggling of migrants, document fraud or access to international protection in third countries. Steering Board Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Steering Board and shall appoint one representative each as members without voting rights. They shall be allowed to express views on all issues discussed and decisions taken by the Steering Board. When taking decisions on matters that are relevant for immigration liaison officers deployed by countries associated with the implementation, application and development of the Schengen acquis, the Steering Board shall take due account of the views expressed by the representatives of those countries. Information exchange platform It is stated that no operational law enforcement information of a strictly confidential nature shall be exchanged via the secure web-based information exchange platform. Access to data shall be restricted to immigration liaison officers, members of the Steering Board and duly authorised staff for the purpose of implementation of this Regulation. The European Parliament shall be given access to certain parts of the secure web-based information exchange platform, as determined by the Steering Board in its rules of procedure and in accordance with the applicable Union and national rules and legislation. Processing personal data Personal data processed may include: - 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; - passenger lists for return flights and other means of transport to third countries; - biometric or biographic data to confirm the identity and nationality of third-country nationals for the purpose of legal migration admission; - biometric or biographic data to confirm the identity and nationality of third-country nationals in need of international protection for the purpose of resettlement; - biometric, biographic data as well as other personal data necessary for establishing the identity of an individual and necessary for preventing and combating smuggling of migrants and trafficking in human beings, as well as personal data related to criminal networks’ modi operandi , means of transports used, involvement of intermediaries and financial flows. Any exchange of personal data shall be strictly limited to what is necessary for the purposes of this Regulation. Those personal data shall be erased when they are no longer necessary in relation to the purposes for which they were collected or otherwise processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation).
  • date: 2019-06-14T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2019-06-20T00:00:00 type: Final act signed body: CSL
  • date: 2019-06-20T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure/Notes
  • 01/02/2019 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
LIBE/8/13148
New
  • LIBE/8/13148
procedure/instrument
Old
Regulation
New
  • Regulation
  • Repealing Regulation (EC) No 377/2004 2003/0817(CNS)
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed, awaiting publication in Official Journal
procedure/subject
Old
  • 7.10.08 Migration policy
New
7.10.08
Migration policy
procedure/summary
  • Repealing Regulation (EC) No 377/2004
activities/0/docs/0/text
  • PURPOSE: to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: there are almost 500 immigration liaison officers (referred as ILOs) currently deployed by Member States to third countries. The existing Regulation (EC) No 377/2004 on ILOs 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.

    The evaluation of the current ILO Regulation confirmed that ILOs and their networks remain relevant in the current global migration context and consistent with existing and planned EU migration policies. It also highlighted that this Regulation had a limited and above all indirect impact on the establishment of formal networks between ILOs deployed in the same place, on the intensification of the collection and sharing of information and on the improvement of the coordination of the EU's position and activities towards third countries.

    The Commission therefore proposes to review legislation on ILOs deployed by EU Member States in third countries in order to help strengthen the European dimension of coordination with key stakeholders.

    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.

    CONTENT: this proposal to recast Regulation (EC) No 377/2004 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.

    The proposal aims to:

    • strengthen the rules governing the sharing of strategic information with the Union Agencies, ensuring that this becomes a two-way process and Member State ILOs access the relevant Agencies' analytical products in a more systematic manner and are further assisted in fulfilling their tasks in locations;
    • closer coordination both at network management and at regional operational level of immigration liaison officers deployed by Member States, the Commission and Union agencies.

    In order to strengthen the governance of a European network of ILOs, the proposal:

    • 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;
    • 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.

    BUDGETARY IMPLICATION: the total cost of implementing the proposal is estimated at EUR 17.3 million over a nine-year period starting in 2019, of which EUR 1.6 million to support the functioning of the Steering Board, EUR 12 million for the implementation of the activities of a European network of ILOs and EUR 3.5 million estimated for the deployment of the immigration liaison officers by the Commission.

    If the proposal is adopted before the next financial framework, the necessary resources (estimated at EUR 860 000) shall be financed from the current ISF Borders and Visas budget line and the amounts shall be deducted from the total allocation of EUR 17.3 million for the implementation of this proposal.

activities/1
date
2018-07-05T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/2/date
2018-06-11T00:00:00
committees/2/rapporteur
  • group: S&D name: KYENGE Cécile Kashetu
committees/2/shadows
  • group: EPP name: MUSSOLINI Alessandra
  • group: ALDE name: GRIESBECK Nathalie
  • group: GUE/NGL name: VERGIAT Marie-Christine
  • group: Verts/ALE name: KELLER Ska
  • group: ENF name: VILIMSKY Harald
procedure/dossier_of_the_committee
LIBE/8/13148
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2018-05-16T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0303/COM_COM(2018)0303_EN.pdf celexid: CELEX:52018PC0303:EN type: Legislative proposal published title: COM(2018)0303 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: None committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
reference
2018/0153(COD)
instrument
Regulation
legal_basis
stage_reached
Preparatory phase in Parliament
summary
Repealing Regulation (EC) No 377/2004
subtype
Recast
title
European network of immigration liaison officers. Recast
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject
7.10.08 Migration policy