2006/688/EC: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration

• Articles: 8

Article 1 Subject matter and scope

1.   This Decision establishes a mechanism for the mutual exchange of information concerning national measures in the areas of asylum and immigration that are likely to have a significant impact on several Member States or on the European Union as a whole.

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

1.   Member States shall communicate to the Commission and the other Member States information on the measures which they intend to take, or have recently taken, in the areas of asylum and immigration, where these measures are publicly available and are likely to have a significant impact on several Member States or on the European Union as a whole.

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

1.   The network for the exchange of information in accordance with this Decision shall be web-based.

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

1.   The Commission shall, once a year, prepare a general report summarizing the most relevant information transmitted by the Member States. With a view to preparing such a report and identifying issues of common interest, Member States shall be associated with the Commission for this preparatory work, which may include technical meetings throughout the reporting period consisting in an exchange of views with Member States' experts on information submitted under Article 2.

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.

Article 5 Evaluation and Review

The Commission shall evaluate the functioning of the mechanism two years after the entry into force of this Decision and regularly thereafter. If appropriate, the Commission shall propose amendments to it.

Article 6 Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

Article 7 Addressees

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

Schedules & Appendices

ANNEX

ANNEX

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Reporting form for information communicated through the mutual information mechanism concerning Member States' measures in the areas of asylum and immigration (Article 2(2) of Council Decision 2006/688/EC)

It is recalled that, under the third subparagraph of Article 2(1) of Council Decision 2006/688/EC each Member State is 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.

1. Type of measure necessitating the transmission of information ( 1 ) (*)

Policy intentions, long-term programming

Draft legislation

Adopted legislation

Final decisions of the highest courts or tribunals which apply or interpret measures of national law or provide guidelines in the areas of asylum and immigration

Administrative decisions affecting a large group of third-country nationals or having a general nature

Other (specify):

2. Full name of the measure necessitating the transmission of information (**)

3. Short description of the measure necessitating the transmission of information (**)

4. Comments and observations on the measure concerned (**)

5. Where can the whole text of the measure necessitating the transmission of information be found ( 2 )?

( 1 ) Mark the appropriate category for the measure necessitating the transmission of information.

( 2 ) Please add Internet link whenever possible.

(*) If possible and without prejudice to applicable requirements on confidentiality and on data protection of the measure concerned.

(**) The Member State shall translate this information into an official language of the Institutions of the European Union other than its own.