Legal provisions of COM(2003)727 - Secure web-based Information and Co-ordination Network for Member States' Migration Management Services

Please note

This page contains a limited version of this dossier in the EU Monitor.


Article 1

This Decision establishes a secure web-based Information and Coordination Network for the exchange of information on irregular migration, illegal entry and immigration and the return of illegal residents.

Article 2

1. The Commission shall be responsible for the development and management of the network, including the structure and content thereof and the elements for information exchange.

2. The elements for information exchange shall include at least the following:

(a)early warning system on illegal immigration and facilitator networks;

(b)network of immigration liaison officers;

(c)information on the use of visas, borders and travel documents in relation to illegal immigration;

(d)return-related issues.

3. The network shall include all the appropriate tools, the confidentiality of which shall be determined in accordance with the procedure referred to in Article 6(2).

4. The Commission shall make use of the existing technical platform within the Community framework of the trans-European telematic network for the interchange of data between administrations.

Article 3

In accordance with the procedure referred to in Article 6(2) the Commission shall:

(a)establish the terms and procedures for granting full or selective access to the network;

(b)lay down rules and guidelines on the terms of use of the system, including rules on the confidentiality, transmission, storage, filing and deletion of information and on standardised forms.

Article 4

1. Member States shall provide access to the network in compliance with the measures adopted by the Commission in accordance with Article 3.

2. Member States shall designate national contact points and notify the Commission thereof.

Article 5

1. The uploading of data onto the network shall not affect the ownership of the information concerned. Authorised users shall remain solely responsible for the information they provide and shall ensure that its contents are fully compliant with existing Community and national law.

2. Unless marked as public, the information provided shall be strictly limited to authorised users of the network and shall not be disclosed to third parties without prior permission of the owner of the information concerned.

3. Member States shall take the necessary security measures to:

(a)prevent any unauthorised person from having access to the network;

(b)guarantee that, when using the network, authorised persons have access only to data which are within their sphere of competence;

(c)prevent information on the network from being read, copied, modified or erased by unauthorised persons.

4. Without prejudice to paragraph 3, further security measures shall be adopted by the Commission in accordance with the procedure referred to in Article 6(2).

Article 6

1. The Commission shall be assisted by the Committee set up under Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme) (12).

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

3. The Committee shall adopt its Rules of Procedure.

Article 7

1. Where necessary for the development of the network, the Commission shall conclude agreements with bodies governed by public law established under the Treaties establishing the European Communities or established within the framework of the European Union.

2. The Commission shall inform the Council of the progress made in the negotiations of any such agreements.

Article 8

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

Article 9

This Decision is addressed to the Member States.