Council Decision of 14 May 2008 establishing a European Migration Network (2008/381/EC)

Council Decision

of 14 May 2008

establishing a European Migration Network

(2008/381/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament(1),

Whereas:

(1) In 2003 the Commission set up a three-year preparatory action for the establishment of a European Migration Network (‘EMN’), with a view to providing the Community and its Member States with objective, reliable and up-to-date migration data.

(2) The European Council, at its meeting in Thessaloniki in June 2003, taking into account the importance of monitoring and analysing the multidimensional migration phenomenon, welcomed in its Conclusions the establishment of the EMN and stated that it would examine the possibility of setting up a permanent structure in the future.

(3) On 4 November 2004, the European Council endorsed a multiannual programme for strengthening the area of freedom, security and justice, known as the Hague Programme, which calls for the development of the second phase of a common policy in the field of asylum, migration, visas and borders, starting on 1 May 2004, based, inter alia, on closer practical cooperation between Member States and an improved exchange of information. The Hague Programme recognises that ‘The ongoing development of European asylum and migration policy should be based on a common analysis of migratory phenomena in all their aspects. Reinforcing the collection, provision, exchange and efficient use of up-to-date information and data on all relevant migratory developments is of key importance.’

(4) In order to consult relevant stakeholders about the future of the EMN, the Commission adopted on 28 November 2005 a ‘Green Paper on the future of the European Migration Network’ which, in addition to an assessment of the functioning of the EMN during the first years of the preparatory period, also dealt with issues such as the mandate and future structure of the EMN.

(5) The public consultation demonstrated that most stakeholders are in favour of continuing and strengthening the activities of the EMN and maintaining the initial objective of the EMN, that is, to provide up-to-date, objective, reliable and comparable information on migration and asylum issues. It also appeared that most stakeholders wished to maintain the EMN attached to the Commission.

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

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

(8) To achieve its objectives, the EMN should be supported by a ‘National Contact Point’ in each Member State. The activities of the National Contact Points should be coordinated at Community level by the Commission, assisted by a service provider with sufficient expertise to organise the routine work of the EMN, including its information exchange system.

(9) To ensure that the National Contact Points have the necessary expertise to deal with the multifaceted aspects of migration and asylum issues, they should be composed of at least three experts who, individually or jointly, have competences in policymaking, law, research and statistics. These experts could come from the Member States’ administrations or from any other organisation. Each National Contact Point should also collectively have adequate expertise in information technology, in setting up collaboration schemes and networking with other national organisations and entities, and in collaborating in a multilingual environment at European level.

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

(11) A ‘Steering Board’ should provide political guidance to the EMN, including contributing to the preparation of and approving the EMN's annual programme of activities.

(12) In order to ensure the widest possible dissemination of the information produced by the EMN in the form of studies and reports, such information should be available through the most advanced technological means, including a dedicated website.

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

(14) The EMN should be co-financed through grants from the Commission, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002; the Financial Regulation applicable to the general budget of the European Communities(4).

(15) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(5) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6) should be taken into account in the context of the information exchange system of the EMN.

(16) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

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

(18) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

(1)

Opinion of 10 April 2008, not yet published in the Official Journal.

(2)

OJ L 199, 31.7.2007, p. 23.

(3)

OJ L 83, 1.4.2005, p. 48.

(4)

OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(5)

OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(6)

OJ L 8, 12.1.2001, p. 1.