Explanatory Memorandum to COM(2005)480 - Establishment of a mutual information procedure concerning Member States’ measures in the areas of asylum and immigration - Main contents
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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. |
|---|---|
| source | COM(2005)480  |
| date | 10-10-2005 |
One of the most important objectives of the European Union is the establishment of an area of freedom, security and justice. In this context, it is essential to develop common immigration and asylum policies, as stated in the Tampere programme adopted by the European Council in 1999 and confirmed in 2004 in The Hague programme ("Strengthening Freedom, Security and Justice in the European Union"). These common policies must be based on the adoption of common legislative instruments and on the enhancement of mutual confidence through an improved coordination of national policies, closer practical cooperation and regular information exchange between Member States and with the Commission.
Since the entry into force of the Treaty of Amsterdam, a large number of common measures have been adopted in the areas of asylum and immigration, as the Community and the Member States share the competence to legislate in those areas. Nevertheless, Member States keep an important role in this area and are continually adopting new national measures, which may in some cases have an impact on other Member States or on the Community as a whole.
Indeed, the absence of border checks in the Schengen area, the common visa policy, the tight economic and social relations between EU Member States and the development of common immigration and asylum policies in recent years have had as an indirect consequence that asylum and immigration measures taken by one Member State are more likely to have an impact on other Member States. For instance, a very restrictive migratory policy in one Member State may deviate migration flows to its neighbours; and a regularisation procedure may attract illegal immigration into one Member State, from which regularised migrants could afterwards more easily move to other Member States. Other national asylum and immigration measures, including, among others, changes in procedures for granting international protection; determination of safe countries of origin; admission programmes for third country nationals, including quotas; and integration measures may also have an impact on other Member States or on the Community as a whole.
These developments fully justify the establishment of a formal information procedure between Member States and with the Commission which will increase the possibilities for information exchange on and discussion of national measures in the areas of asylum and immigration.
The Commission and the Luxembourg Presidency of the Council sent a letter to Justice and Home Affairs Ministers on 11 February 2005 on the need to establish an early-warning information system between Member States' administrations in the field of immigration and asylum, which could lead to a more coordinated approach to immigration and asylum policy between Member States. A first exchange of views on the establishment of such a system took place during the JHA Council of 24 February 2005. All Member States welcomed in principle the creation of such a system and the Council adopted on 14 April 2005 conclusions on the establishment of a “System of mutual information between those in charge of migration and asylum policy in the Member States”, inviting the Commission to present a formal legislative proposal.
The Commission has always stressed the need for an enhanced exchange of information on migratory phenomena. Member States will indeed benefit from the proposed information procedure, as they will be able to obtain a better knowledge of other Member States' policies and will be in a position to improve coordination between them. Member States could have the possibility to know other Member States' views, if an exchange of views takes place on a given draft national measure, before the latter becomes adopted legislation. Finally, the negotiation of new EU legislation will also be enhanced, as a result of better coordination of national policies and increased mutual knowledge and confidence.
Finally, the proposed mutual information procedure must be viewed in the wider framework of the cooperation and information mechanisms and structures between the Member States and the Commission. The Commission wishes to simplify and merge existing systems, structures and networks at Community level in order not to increase the administrative burden on Member States and on the Commission itself.
Contents
- On 8 June 1988 the Commission adopted a Decision “setting up a prior communication and consultation procedure on migration policies in relation to non-member countries” (OJ 1988, L 183). The information and consultation mechanism established by this Decision was never effectively used by Member States. The new community framework for immigration and asylum policies renders obsolete the provisions of this Commission Decision.
- Certain provisions of Community legislation i impose an obligation on Member States to communicate to the Commission the text of the provisions of national law which they adopt in the fields covered by those Directives. Given the similar nature of the information to be provided under these Directives and under the proposed draft Decision, duplication of efforts can be avoided by using the information procedure established by the draft Decision as the channel for Member States to fulfil their obligations under the above mentioned Directives.
An informal ad-hoc discussion on the establishment of a prior information and consultation system took place during the JHA Council of 24 February 2005. Most Member States reacted positively to the joint Presidency/Commission proposals to set up such a system. An ad-hoc meeting of Member State's experts took place in Brussels on 17 March 2005 to discuss a non-paper prepared by the Commission services which contained the main elements of the proposed system.
The mutual information procedure would request Member States to communicate to the other Member States and to the Commission measures which they intend to take in the areas of asylum and immigration, at the latest when they are made public. Only measures susceptible of having an impact on other Member States or on the Community as a whole must be communicated. This includes as well certain judicial and administrative decisions.
Member States providing the above mentioned information are requested to prepare an executive summary of this information in another official language of the Community.
The information will be transmitted through a web-based network run by the Commission. This web-based network will be used as well for the transmission to the Commission of the information required under the Directives mentioned in point 2 above.
A Member State or the Commission may request additional information on a particular measure. A particular national measure may also be the object of an exchange of views, with the presence of the Member State whose measure is the object of an exchange of views, the Commission and all other Member States wishing to participate. The purpose of such an exchange of views is the identification of problems of common interest; therefore, discussions will not lead to any voting nor will they result in any kind of recommendations to the Member State concerned.
The Council Decision is based on Art. 66 of the EC Treaty. Since 1 May 2004, pursuant to the Protocol on article 67 of the Nice Treaty, these measures are taken by qualified majority voting in the Council and consultation of the European Parliament.
Title IV of the EC Treaty is not applicable to the United Kingdom and to Ireland, unless those Member States decide otherwise in accordance with the procedure laid down in the Protocol on the position of the United Kingdom and Ireland annexed to the Treaties. Title IV is likewise not applicable to Denmark, by virtue of the Protocol on the position of Denmark annexed to the Treaties.
In accordance with the principle of subsidiarity, the objective of the proposed action, namely to provide a forum for mutual information and exchange of views on national asylum and immigration measures, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved by the Community.
The success of the common legislative instruments in the areas of asylum and immigration depends on a more coordinated approach between national policies. This coordination needs new tools like those proposed in the Decision, consisting on a mechanism allowing for an exchange of information and views between Member States and with the Commission, which cannot take place only at national level. If Member States do not inform each other on the development of their asylum and immigration policies, the risk exists that divergent and even contradictory policies will lead to distortions of the migratory flows, including asylum-seekers, and will damage their ability to effectively pursue common goals in these areas.
The proposal is limited to enhancing information exchange on national measures in the areas of asylum and immigration between Member States and with the Commission
The proposed system does not create a disproportionate burden on Member States as their main duty will consist in posting a number of documents in the web-based system established by the Decision. In the case that an exchange of views on a national measure is called for, the only obligation for a Member State will be to send a representative to the exchange of views meeting in order to explain in detail the elements of the national measure being the object of an exchange of views and hear other Member States’ views on it.
The financial burden is minimised as the exchanges of views provided for by the proposed measure will be merged with meetings of other meetings of Commission advisory groups, thus reducing travel and accommodation expenses for Member States. An overall objective of the Commission with the proposed Council Decision, is to simplify existing structures for Member States’ cooperation in the areas of asylum and immigration
The information system will be run by the Commission using the existing IDA telematic network, which allows for the creation of separate communication channels at a minimum cost without any substantial investment being needed.