Explanatory Memorandum to COM(2003)727 - Secure web-based Information and Co-ordination Network for Member States' Migration Management Services

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dossier COM(2003)727 - Secure web-based Information and Co-ordination Network for Member States' Migration Management Services.
source COM(2003)727 EN
date 25-11-2003
1. INTRODUCTION

An Early Warning System (EWS) for the transmission of information on illegal immigration and facilitator networks was first set up by Council Resolution of May 1999. Its objective was to create a standardised, permanent communication framework to enable Member States to report incidents or new trends in the field of illegal migration instantly.

However, this system has never satisfied Member States' expectations entirely, mainly because it has not been used as intended or because it has not been used coherently by all participating states (Member States, candidate and associated countries) and also because the technical infrastructure was poor. Following the proposal by the Commission in its Communication on a Common Policy on Illegal Immigration of 15 November 2001 (COM (2001) 672), the Council's comprehensive plan to combat illegal immigration and trafficking in human beings in the European Union, adopted on 28 February 2002 (OJ C 142 of 14 June 2002, p. 23), provides a mandate to develop the EWS further as a web-based secure intranet site.

A comprehensive, modern and secure web-site is needed to provide all relevant information for migration management services involved in the fight against illegal immigration. The Commission has, therefore, set up a web-site, which is called 'Information and Co-ordination Network' and is a technically based so-called 'interest group' on the existing Commission's 'CIRCA' system (Communication and Information Resource Centre Administrator), introduced for information exchange among Member States and the institutions for all kinds of purposes. It is a web-based environment providing on-line-services with a common virtual workspace for closed user groups.

The first component and starting point of the network is the EWS itself. However, such an enhanced operational co-operation of Member States' migration management services should not be limited to information exchange on the few incidents which require an early warning. Moreover the possibilities of modern communication technology should be utilised to significantly improve the existing channels for information exchange, e.g. by providing strategic, tactical and operational information, up-to-date contact lists, ad-hoc documentation and reports on the subject, which should be shared among participants. Consequently, some additional elements should be available from the outset, others could be added at a later stage.

As a development of the Early Warning System, the network is primarily designed to facilitate the exchange of strategic and tactical information on irregular or illegal migratory flows and trends. It is, for the time being, not envisaged to exchange personal data regarding criminal networks involved in smuggling or trafficking of human beings.

2. OBJECTIVE

The purpose of this Decision is to establish a secure web-based Information and Co-ordination Network for Member States' Migration Management Services. The Decision sets out the basic conditions of this network.

Moreover, the Decision introduces a mechanism for the management of the system under the administration of the Commission. A consultative committee will assist the Commission in running and developing the system.

3. LEGAL BASIS AND SUBSIDIARITY

Articles 66 of the TEC is the legal basis of this decision whose immediate objective is to support the progressive establishment of an area of freedom, security and justice via the fight against illegal immigration and illegal residence and the reinforcement of the administrative co-operation between the relevant departments of Member States, Europol and the Commission.

Title IV of the TEC 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.

The following proposal has a hybrid character in the sense that it does also represent a development of the Schengen 'Acquis' in the sense of Article 1 of the Agreement concluded by the Council of the European Union with Iceland and Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis  i

In accordance with the principle of subsidiarity, the objective of the proposed action, namely secure and rapid information exchange between Member States on information on migratory flows and phenomena, 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 co-operation between Member States' migration management authorities by real-time information exchange via a secure website can only be established at Community level. The added value is to share information which is for the time being mostly available at national level only or is exchanged between Member States via informal or rather outmoded information channels. The setting-up of a secure website is a necessary and suitable method to improve the way of information exchange. This Decision does not go beyond what is necessary to achieve that objective.

4. COMMENTARY ON ARTICLES

Article 1

This article defines the purpose of this decision.

Article 2

This article determines the Commission to be responsible for the development and management of the network. Additionally, it enumerates a list of elements for information exchange.

The technical platform for the network is currently formed by the Commission's Communication and Information Resource Centre Administrator platform (CIRCA; www.forum.europa.eu.int/ ) in the framework of the trans-European telematic network for administrations (IDA) according to Article 4 of Council Decision 1999/1720/EC. CIRCA provides not only an ideal working environment but also has a number of other advantages, e.g. its immediate availability, the restricted access for registered users and selective access within the system. It also guarantees the secure sharing of resources and documents due to high-level encryption.

The CIRCA platform also contains standard management services, which are very useful for the network. Apart from a library section with the aforementioned elements for specific information exchange, there is a common e-mail function and the possibility to organise meetings electronically. Links to other web-based information resources can be shared in an information section. In a participant's directory members can exchange their contact details. In a newsgroup section members can organise online discussions on different subjects and post questions to the participating community.

Article 3

This article describes the tasks of the Commission.

Letter (a) requires the Commission to establish the terms and procedures for granting full or selective access to the network.

Letter (b) obliges the Commission to take all necessary decisions on the management and structure of the network, including rules or guidelines to run the system (confidentiality, transmission, storage, archiving and deletion of information). The Commission can also create or change standardised forms, such as the existing form for the EWS.

Article 4

Article 4  i requires Member States to provide the necessary technical infrastructure for the competent authorities.

Article 4  i requires Member States to designate national contact points.

Article 5

This article clarifies the individual ownership of and responsibility for the provided information. It sets up the confidential character of the information exchange and obliges Member States to ensure that unauthorised access is excluded.

Article 6

Article 6 institutes a comitology procedure to assist in the management of the network according to Articles 3 and 7 of Decision 1999/468/EC. A consultative committee shall assist the Commission in laying down all necessary rules and measures to ensure the implementation of this Decision.

Article 7

This article describes how and when this Decision will enter into force.

Article 8

This article defines who is addressed by this decision.

5. FINANCIAL STATEMENT