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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network(1), and in particular Article 6(2) thereof,
Whereas:
(1) The reports required under Article 6(1) of Regulation (EC) No 377/2004 should enable the Commission to draw up its evaluation report on the situation in third countries where Member States’ immigration officers are posted and also its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents.
(2) The format of the reports should therefore reflect these objectives as regards the nature of the information to be included.
(3) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those States with the implementation, application and development of the Schengen acquis (2), which fall within the area referred to in Article 1, points A and E of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (3).
(4) As regards Switzerland, this Decision constitutes a development of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 4(1) of Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (4).
(5) Pursuant to Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark has decided to implement Regulation (EC) No 377/2004 in Danish law. Regulation (EC) No 377/2004 is thus binding upon Denmark in international law.
(6) In accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (5), the United Kingdom takes part in Regulation (EC) No 377/2004 and by consequence in this present Decision.
(7) In accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (6), Ireland takes part in Regulation (EC) No 377/2004 and by consequence in this present Decision.
(8) The participation of the United Kingdom and Ireland in this Decision in accordance with Article 8(2) of Decision 2000/365/EC and Article 6(2) of Decision 2002/192/EC relates to the responsibilities of the Community for taking measures developing the provisions of the Schengen acquis against the organisation of illegal immigration in which the United Kingdom and Ireland participate.
(9) This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(1) of the 2003 Act of Accession,
HAS ADOPTED THE FOLLOWING DECISION:
The format of the report required by Regulation (EC) No 377/2004 of 19 February 2004 shall be as set out in the Annex to this Decision.
This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, The Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 29 September 2005.
For the Commission
Franco Frattini
Vice-President
Host country: | |
Reporting Member State: | |
Reported period: |
In accordance with Article 6 paragraph 1 of Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (hereinafter: Regulation) ‘The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up by the end of each semester a report on the activities of immigration liaison officers networks in which it has a representative, as well as on the situation in the host country, in matters relating to illegal immigration to the Council and the Commission.’
It should also be recalled that according to Article 4(1) of the Regulation all ILOs posted in the third country concerned shall contribute to this report.
This report has two parts:
Activities of the ILO Network
Situation in the host country in matters relating to illegal immigration.
The report should be based on facts and figures whenever it is applicable and on available and reliable sources of information. If such a source does not exist, it should be indicated in the report. Statistical data should be provided for in accordance with the relevant definitions agreed by Member States in the framework of CIREFI. Descriptions and evaluations requested by this format, should be reasonably brief and supported by facts, if possible. In the report, please highlight only the most relevant information so as to enable correct assessment of the situation.
If no significant change has occurred in respect of matters already covered in previous reports, a reference should be made to it. If applicable, the report should focus on the developments of the reporting period in comparison to the previous report which was drawn up on that host country.
The completed report shall be treated as a ‘RESTREINT UE’ document and the relevant provisions of the Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations(7) shall be observed.
Member State | Number of ILOs |
---|---|
YES | NO |
Meetings
Exchange information and practical experiences
Coordination of positions to be adopted in contacts with carriers
Joint specialised training
Organisation of information sessions/trainings for the diplomatic and/or consular staff of the Member States in the host country
Adoption of common approaches as to the methods of collecting and reporting strategically relevant information
Setting up contacts with similar networks in the host and in the neighbouring countries
Others (please specify):
Never | Once | Monthly | Quarterly | Other |
Comments:
YES | NO |
has the cooperation and coordination among ILOs posted by Member States strengthened and/or improved?
YES | NO | THERE IS NO DIRECT IMPACT |
the networking activities facilitate more effective performance of the duties of ILOs?
YES | NO | THERE IS NO DIRECT IMPACT |
as a network, ILOs have better position in establishing and maintaining contact with the competent authorities in the host country?
YES | NO | THERE IS NO DIRECT IMPACT |
ILOs could help more effectively their own competent authorities to perform their duties ( i.e. in preparation of returns, establishing contacts in the host country, establishing identity of third country nationals)?
YES | NO | THERE IS NO DIRECT IMPACT |
has the cooperation with other ILOs posted by non-EU Member States improved?
YES | NO | THERE IS NO DIRECT IMPACT |
Please provide some information regarding the state of play and evolution (contact with the competent authorities, type of assistance provided, quality of the information collected)
Include some available information regarding numbers, main countries of origin and other relevant information
The following list is only indicative, so please include the relevant information, if the situation requires this.
Infrastructures
Equipment
Staff
Migratory pressure
Asylum seekers
Trafficking in human beings
Terrorism and drugs traffic linked with illegal immigration
Describe the type of strategies and measures (legislative, operational, financial) and their impact.
Describe the capacity for:
Provide general information
Provide for information regarding state of play and evolution in the reporting period
Please comment on the level of resources in relation to the workload
Provide some information on the type and level of training/education and include additional comments, if necessary
Describe the situation in relation to the actual needs/caseload
Describe the state of play and any improvements in the reporting period
Please include some general information
Provide a brief assessment of this situation in the host country in this respect
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