Legal provisions of COM(2005)480 - Establishment of a mutual information procedure concerning Member States’ measures in the areas of asylum and immigration - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)480 - Establishment of a mutual information procedure concerning Member States’ measures in the areas of asylum and immigration. |
|---|---|
| document | COM(2005)480  |
| date | October 5, 2006 |
Contents
Article 1 - Subject matter and scope
2. The mechanism referred to in paragraph 1 allows for the preparation of exchanges of views and debates on such measures.
Article 2 - Information to be submitted
Such information shall be transmitted as soon as possible and at the latest when it becomes publicly available. This paragraph is subject to any confidentiality and data protection requirements that may apply to a particular measure.
Each Member State shall be responsible for evaluating whether its national measures are likely to have a significant impact on several Member States or on the European Union as a whole.
2. The information pursuant to paragraph 1 shall be communicated through the network referred to in Article 3, using the reporting form annexed to this Decision.
3. The Commission or a Member State may request additional information concerning the information communicated by another Member State through the network. In such a case, the Member State concerned shall provide additional information within one month.
Information on final decisions of the highest Courts which apply or interpret measures of national law shall not be the subject of a request for additional information under this paragraph.
4. The possibility for providing additional information referred to in paragraph 3 may also be used by the Member States to provide information on measures not covered by the obligation referred to in paragraph 1, on their own initiative or upon request of the Commission or another Member State.
Article 3 - The network
2. The Commission shall be responsible for the development and management of the network, including the structure and content of the network and access to it. The network shall include appropriate measures to guarantee the confidentiality of all or part of the information in the network.
3. For the practical set up of the network, the Commission shall make use of the existing technical platform within the Community framework of the trans-European telematic network for the interchange of information between the Member States authorities.
4. A specific functionality of the network shall be provided in order to allow the Commission and the Member States to request from one or more Member States additional information on communicated measures, as indicated in Article 2(3), and other information, as indicated in Article 2(4).
5. Member States shall designate national contact points having access to the network and notify the Commission thereof.
6. When necessary for the development of the network the Commission may conclude agreements with Institutions of the European Community, as well as with bodies governed by public law established under the Treaties establishing the European Communities or established within the framework of the European Union.
The Commission shall inform the Council whenever a request for such access is submitted and when access to such Institutions and/or bodies is granted.
Article 4 - Exchanges of views, the general report and discussions at ministerial level
The general report shall be transmitted to the European Parliament and to the Council.
2. Without prejudice to the possibility of holding ad-hoc consultations within the Council, the general report prepared by the Commission shall constitute the basis for a debate on national asylum and immigration policies at ministerial level.