1. This Regulation lays down rules to enhance cooperation and coordination among immigration liaison officers deployed to third countries by Member States, the Commission and Union agencies, through the creation of a European network of immigration liaison officers.
2. This Regulation is without prejudice to the responsibility of Member State authorities, the Commission and Union agencies for defining the scope and assignment of tasks and reporting lines of their respective immigration liaison officers, and to the tasks of immigration liaison officers within the framework of their responsibilities under Union and national law, policies or procedures, or under special agreements concluded with the host country or international organisations.
Article 2 -
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘immigration liaison officer’ means a liaison officer designated and deployed abroad, by the competent authorities of a Member State, or by the Commission or by a Union agency, in accordance with the respective legal basis, to deal with immigration-related issues, also when that is only a part of their duties;
(2)
‘deployed abroad’ means deployed to a third country, for a reasonable time period to be determined by the responsible authority, to one of the following:
(a)
a diplomatic mission of a Member State;
(b)
the competent authorities of a third country;
(c)
an international organisation;
(d)
a diplomatic mission of the Union;
(3)
‘personal data’ means personal data as defined in point (1) of Article 4 of the Regulation (EU) 2016/679;
(4)
‘return’ means return as defined in point (3) of Article 3 of Directive 2008/115/EC.
Article 3 -
Tasks of immigration liaison officers
1. Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities and in accordance with the provisions, including those on the protection of personal data, laid down in Union and national laws and in any agreements or arrangements concluded with third countries or international organisations.
2. Immigration liaison officers shall carry out their tasks in accordance with fundamental rights as general principles of Union law as well as international law, including human rights obligations. They shall have particular consideration for vulnerable persons and take into account the gender dimension of migration flows.
3. Each deploying authority shall ensure that immigration liaison officers establish and maintain direct contacts with the competent authorities of third countries, including, when appropriate, with local authorities, and any relevant organisations operating within the third country, including international organisations, notably with a view to implementing this Regulation.
4. Immigration liaison officers shall collect information, for use either at operational level, strategic level, or both. Information collected under this paragraph shall be collected in accordance with Article 1(2) and shall not contain personal data, without prejudice to Article 10(2). Such information shall cover the following issues in particular:
(a)
European integrated border management at the external borders, with a view to managing migration effectively;
(b)
migratory flows originating from or transiting through the third country, including where possible and relevant, the composition of migratory flows and migrants’ intended destination;
(c)
routes used by migratory flows originating from or transiting through the third country in order to reach the territories of the Member States;
(d)
the existence, activities and modi operandi of criminal organisations involved in smuggling of migrants and trafficking in human beings along the migratory routes;
(e)
incidents and events that have the potential to be or to cause new developments with respect to migratory flows;
(f)
methods used for counterfeiting or falsifying identity documents and travel documents;
(g)
ways and means to assist the authorities in third countries in preventing illegal immigration flows originating from or transiting through their territories;
(h)
pre-departure measures available to immigrants in the country of origin or in host third countries that support successful integration upon legal arrival in Member States;
(i)
ways and means to facilitate return, readmission and reintegration;
(j)
effective access to protection that the third country has put in place, including in favour of vulnerable persons;
(k)
existing and possible future legal immigration strategies and channels between the Union and third countries, taking into account skills and labour market needs in Member States, as well as resettlement and other protection tools;
(l)
capacity, capability, political strategies, legislation and legal practices of third countries and stakeholders, including, where possible and relevant, regarding reception and detention centres and the conditions therein, as relevant to the issues referred to in points (a) to (k).
5. Immigration liaison officers shall coordinate among themselves and with relevant stakeholders regarding the provision of their capacity-building activities to authorities and other stakeholders in third countries.
6. Immigration liaison officers may render assistance, taking into account their expertise and training, in:
(a)
establishing the identity and nationality of third-country nationals and facilitating their return in accordance with Directive 2008/115/EC, as well as assisting their reintegration, where relevant and possible;
(b)
confirming the identity of persons in need of international protection for the purposes of facilitating their resettlement in the Union, including by providing them, where possible, with adequate pre-departure information and support;
(c)
confirming identity and facilitating implementation of Union and national measures in respect of the admission of legal immigrants;
(d)
sharing information obtained in the course of their duties within networks of immigration liaison officers and with competent authorities of the Member States, including law enforcement authorities, in order to prevent and detect illegal immigration as well as combat smuggling of migrants and trafficking in human beings.
Article 4 -
Notification of the deployment of immigration liaison officers
1. Member States, the Commission and the Union agencies shall inform the Steering Board established in Article 7 of their plans for and actual deployment of immigration liaison officers, including a description of their duties and the duration of their deployment.
The activity reports referred to in point (c) of Article 8(2) shall include an overview of the deployments of immigration liaison officers.
2. The information referred to in paragraph 1 shall be made available on the secure web-based information exchange platform provided for in Article 9.
Article 5 -
Creation of local or regional networks of immigration liaison officers
1. Immigration liaison officers deployed to the same countries or regions shall constitute local or regional cooperation networks and cooperate, where and when appropriate, with liaison officers deployed by countries other than Member States. Within the framework of such networks, immigration liaison officers shall in accordance with Article 1(2), in particular:
(a)
meet regularly and whenever necessary;
(b)
exchange information and practical experience, in particular at meetings and via the secure web-based information exchange platform provided for in Article 9;
(c)
exchange information, where appropriate, on experience regarding access to international protection;
(d)
coordinate positions to be adopted in contacts with commercial carriers, where appropriate;
(e)
attend joint specialised training courses, when appropriate, including on fundamental rights, trafficking in human beings, smuggling of migrants, document fraud or access to international protection in third countries;
(f)
organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the third country, when appropriate;
(g)
adopt common approaches on methods for the collection and reporting of strategically relevant information, including risk analyses;
(h)
set up regular contacts with similar networks in the third country and in neighbouring third countries, as appropriate.
2. Immigration liaison officers deployed by the Commission shall facilitate and support the networks provided for in paragraph 1. In locations where the Commission does not deploy immigration liaison officers, immigration liaison officers deployed by Union agencies shall facilitate and support the networks provided for in paragraph 1. In locations where neither the Commission nor Union agencies deploy immigration liaison officers, the network shall be facilitated by an immigration liaison officer, as agreed by members of the network.
3. The Steering Board shall be notified without undue delay of the appointment of the designated network facilitator or where no facilitator is designated.
Article 6 -
Joint deployment of immigration liaison officers
1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are deployed to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States.
2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other, on the basis of their competence and training.
3. Where two or more Member States jointly deploy an immigration liaison officer, those Member States may receive Union financial support pursuant to Regulation (EU) No 515/2014.
Article 7 -
Steering Board
1. A Steering Board for a European network of immigration liaison officers is established.
2. The Steering Board shall be composed of one representative of each Member State, two representatives of the Commission, one representative of the European Border and Coast Guard Agency, one representative of Europol and one representative of EASO. To that end, each Member State shall appoint a member of the Steering Board as well as an alternate who will represent the member in his or her absence. The Steering Board members shall be appointed in particular on the basis of their relevant experience and expertise in managing liaison officer networks.
3. Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Steering Board and shall appoint one representative each as members without voting rights. They shall be allowed to express views on all issues discussed and decisions taken by the Steering Board.
When taking decisions on matters that are relevant for immigration liaison officers deployed by countries associated with the implementation, application and development of the Schengen acquis, the Steering Board shall take due account of the views expressed by the representatives of those countries.
4. Experts, representatives of national authorities, international organisations and relevant Union institutions, bodies, offices and agencies who are not members of the Steering Board may be invited by the Steering Board to attend its meetings as observers.
5. The Steering Board may organise joint meetings with other networks or organisations.
6. A Commission representative shall act as the Chair of the Steering Board. The Chair shall:
(a)
ensure continuity and organise the work of the Steering Board, including supporting the preparation of the biennial work programme and biennial report on the activities;
(b)
advise the Steering Board in ensuring that the collective activities agreed are consistent and coordinated with relevant Union instruments and structures and reflect the priorities of the Union in the area of migration;
(c)
convene meetings of the Steering Board.
To achieve the objectives of the Steering Board, the Chair shall be assisted by a Secretariat.
7. The Steering Board shall meet at least twice a year.
8. The Steering Board shall adopt decisions by an absolute majority of its members with voting rights.
9. Decisions adopted by the Steering Board shall be communicated to the relevant immigration liaison officers by the respective deploying authorities.
Article 8 -
Tasks of the Steering Board
1. The Steering Board shall establish its own rules of procedure on the basis of a proposal by the Chair within three months of its first meeting. The rules of procedure shall set out the details of the voting arrangements. The rules of procedure shall include, in particular, the conditions for a member to act on behalf of another member as well as any quorum requirements.
2. Considering the priorities of the Union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this Regulation and in accordance with Article 1(2), the Steering Board shall carry out the following activities based on a comprehensive situational picture and on analyses provided by the relevant Union agencies:
(a)
establish priorities and plan activities by adopting a biennial work programme indicating the resources needed to support that work;
(b)
regularly review the implementation of its activities with a view to proposing amendments to the biennial work programme as appropriate, and as regards the appointment of network facilitators and progress made by networks of immigration liaison officers in their cooperation with competent authorities in third countries;
(c)
adopt the biennial activity report, including the overview referred to in the second subparagraph of Article 4(1), to be prepared by the Chair of the Steering Board,
(d)
update the list of deployments of immigration liaison officers ahead of each Steering Board meeting;
(e)
identify deployment gaps and outline possibilities for the deployment of immigration liaison officers.
The Steering Board shall transmit the documents referred to in points (a) and (c) of the first subparagraph of this paragraph to the European Parliament.
3. Considering the operational needs of the Union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this Regulation and in accordance with Article 1(2), the Steering Board shall carry out the following activities:
(a)
agree on ad hoc actions by networks of immigration liaison officers;
(b)
monitor the availability of information between immigration liaison officers and Union agencies, and make recommendations for necessary actions where required;
(c)
support the development of the capabilities of immigration liaison officers, including through developing supplementary and non-compulsory common core curricula, pre-deployment training, guidelines on observing fundamental rights in their activities with a particular focus on vulnerable persons, and the organisation of joint seminars on subjects as referred to in Article 3(4), taking into account training tools developed by the relevant Union agencies or other international organisations;
(d)
ensure that information is exchanged through the secure web-based information exchange platform as provided for in Article 9.
4. For the execution of the activities referred to in paragraphs 2 and 3, Member States may receive Union financial support in accordance with Regulation (EU) No 515/2014.
Article 9 -
Information exchange platform
1. For the purposes of their respective tasks, immigration liaison officers, members of the Steering Board and facilitators of the network referred to in Article 5(2) shall ensure that all relevant information and statistics are uploaded to and exchanged via a secure web-based information exchange platform. That platform shall be set up by the Commission in agreement with the Steering Board and maintained by the Commission.
No operational law enforcement information of a strictly confidential nature shall be exchanged via the secure web-based information exchange platform.
2. The information to be exchanged via the secure web-based information exchange platform shall include at least the following elements:
(a)
relevant documents, reports and analytical products as agreed by the Steering Board in accordance with Article 8(2) and (3);
(b)
biennial work programmes, biennial activity reports and the outcome of activities and ad hoc tasks of networks of immigration liaison officers as referred to in Article 8(2) and (3);
(c)
an up-to-date list of Steering Board members;
(d)
an up-to-date list of contact details of immigration liaison officers deployed to third countries, including their names, locations of deployment and region of responsibility, telephone numbers and email addresses;
(e)
other relevant documents related to the activities and decisions of the Steering Board.
3. With the exception of data as referred to in points (c) and (d) of paragraph 2, the information exchanged through the secure web-based information exchange platform shall not contain personal data or any links through which such personal data is directly or indirectly available. Access to data referred to in points (c) and (d) of paragraph 2 shall be restricted to immigration liaison officers, members of the Steering Board and duly authorised staff for the purpose of implementation of this Regulation.
4. The European Parliament shall be given access to certain parts of the secure web-based information exchange platform, as determined by the Steering Board in its rules of procedure and in accordance with the applicable Union and national rules and legislation.
Article 10 -
Processing personal data
1. Immigration liaison officers shall carry out their tasks in accordance with Union and national personal data protection rules, as well as such rules contained in international agreements concluded with third countries or international organisations.
2. Immigration liaison officers may process personal data for the purpose of the tasks referred to in Article 3(6). Those personal data shall be erased when they are no longer necessary in relation to the purposes for which they were collected or otherwise processed in accordance with Regulation (EU) 2016/679.
3. Personal data processed pursuant to paragraph 2 may include:
(a)
biometric or biographic data, where necessary, to confirm the identity and nationality of third-country nationals for the purposes of return, including all types of documents which can be considered as proof or prima facie evidence of nationality;
(b)
passenger lists for return flights and other means of transport to third countries;
(c)
biometric or biographic data to confirm the identity and nationality of third-country nationals for the purpose of legal migration admission;
(d)
biometric or biographic data to confirm the identity and nationality of third-country nationals in need of international protection for the purpose of resettlement;
(e)
biometric, biographic data as well as other personal data necessary for establishing the identity of an individual and necessary for preventing and combating smuggling of migrants and trafficking in human beings, as well as personal data related to criminal networks’ modi operandi, means of transports used, involvement of intermediaries and financial flows.
Data under point (e) of the first subparagraph of this paragraph shall be processed for the sole purpose of executing the tasks referred to under point (d) of Article 3(6).
4. Any exchange of personal data shall be strictly limited to what is necessary for the purposes of this Regulation.
5. Transfers of personal data by immigration liaison officers to third countries and international organisations pursuant to this Article shall be carried out in accordance with Chapter V of Regulation (EU) 2016/679.
Article 11 -
Consular cooperation
This Regulation is without prejudice to the provisions on consular cooperation at a local level contained in Regulation (EC) No 810/2009 of the European Parliament and of the Council (19).
Article 12 -
Report
1. Five years after the date of adoption of this Regulation, the Commission shall report to the European Parliament and the Council on the application of this Regulation.
2. Member States and the relevant Union agencies shall provide the Commission with the necessary information for the preparation of the report on the application of this Regulation.
Article 13 -
Repeal
Regulation (EC) No 377/2004 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 14 -
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
