(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005)0480)(1),

–   having regard to Article 66 of the EC Treaty,

–   having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0335/2005),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51, 41(4) and Rule 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0186/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 3a (new) (3a) This procedure should operate on two levels: on the one hand, via a web-based network, the Member States' administrations inform each other on the measures taken at national level in areas of asylum and immigration; on the other, the political authorities engage in regular debates at European level on those areas. Amendment 2 Recital 4 (4)  The information procedure should be based on solidarity, transparency and mutual confidence; (4)  The information procedure should be based on solidarity, transparency and mutual confidence and should result in a concerted and coordinated approach to the asylum and immigration policies of the Member States. Amendment 3 Recital 4a (new) (4a) The creation of this procedure should lead to the simplification, rationalisation and regrouping of the systems, structures and networks existing at Community level in the areas of asylum and immigration. Amendment 4 Recital 5 (5)  For reasons of efficiency and accessibility, a web-based network should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration; (5)  For reasons of efficiency and accessibility, a web-based network managed by the Commission, which will ensure its security and confidentiality, should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration. Amendment 5 Recital 7 (7)  Since the objectives of this Decision, namely secure information exchange and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives; (7)  Since the objectives of this Decision, namely to secure information exchange and improve coordination and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. Amendment 6 Article 1 This Decision establishes a procedure for the mutual exchange of information concerning national measures in the areas of asylum and immigration using a web-based network and allowing for an exchange of views on such measures. This Decision establishes a procedure for the mutual exchange of information concerning national measures in the areas of asylum and immigration using a web-based network. This procedure shall make it possible to prepare regular exchanges of views on measures liable to have a significant impact in several Member States or at Community level, not only at the administrative level but also at the political level within the Council. Amendment 7 Article 2, paragraph 1, introductory wording and point (a) 1.  Member States shall communicate to the Commission and the other Member States the following measures which they intend to take in the areas of asylum and immigration if these measures are susceptible of having an impact on other Member States or on the Community as a whole: 1.  Member States shall communicate to the Commission and the other Member States the following measures which they intend to take or have taken in the areas of asylum and immigration if these measures are susceptible of having an impact on other Member States, such as diverting or attracting migratory flows to or from another Member State, or on the Community as a whole: (a) draft legislation, at the latest at the time of submission for adoption; and (a) legislative texts, at the latest at the time of their adoption or immediately after; and Amendment 10 Article 2, paragraph 1 a (new) 1a. Member States shall communicate to the Commission and the other Member States measures relating to legal immigration and the fight against illegal immigration likely to have a significant impact on other Member States, no later than when they are presented for adoption. Amendment 11 Article 2, paragraph 2, introductory wording 2.  Member States shall communicate to the Commission and the other Member States: deleted Amendment 12 Article 2, paragraph 2, point (a) (a)  The final texts of the measures referred to in paragraph 1(a) at the time when they are adopted or immediately thereafter; deleted Amendment 13 Article 2, paragraph 2, point (b) (b)  The final texts of the measures referred to in paragraph 1(b) at the time when the Member State expresses its consent to be bound by such a measure or immediately thereafter. deleted Amendment 14 Article 2, paragraph 3, introductory wording and point (a) 3.  Member States shall communicate to the Commission and the other Member States the following decisions if they are susceptible of having an impact on other Member States or on the Community as a whole: Member States shall communicate to the Commission and the other Member States the following decisions if they are susceptible of having an impact on other Member States, such as diverting or attracting migratory flows to or from another Member State, or on the Community as a whole: (a)  Final decisions of courts or tribunals which apply or interpret measures of national law in the areas of asylum or immigration, at the time when they are delivered or immediately thereafter; and (a)  Final decisions of national and international courts or tribunals, including those that establish a precedent, which apply or interpret measures of national law or international agreements in the areas of asylum and immigration, at the time when they are delivered or immediately thereafter; and Amendment 15 Article 2, paragraph 5 5.  The Commission or a Member State may request additional information concerning a particular measure or decision communicated by another Member State through the network. In such a case, the Member State concerned shall provide additional information concerning that measure or decision, within two weeks of the request being made through the network. The additional information shall be made available to the Commission and the other Member States through the network. 5.  The Commission or a Member State may request additional information concerning a particular measure or decision communicated by another Member State through the network. In such a case, the Member State concerned shall provide additional information, within four weeks of the request being made through the network. The additional information shall be made available to the Commission and the other Member States through the network. Amendment 16 Article 2, paragraph 5a (new) 5a. Individual Member States and/or the Commission may request information on measures not communicated beforehand by a Member State, where they consider that those measures are liable to have an impact on migration in the Member State requesting the information or in the Community as a whole. Amendment 17 Article 2, paragraph 6 6.  Each Member State shall ensure that a summary of the text of every measure or decision it transmits through the network is available in an official language of the Community other than its own. This summary shall at least include the objectives and scope of the concerned measure or decision, its main provisions and an estimation of the impact it could have on other Member States or on the Community as a whole. 6.  Each Member State shall ensure that the measures, decisions and evaluations it transmits through the network are available in one of the three most frequently used official languages of the Community other than its own. Amendment 18 Article 4, paragraph 2 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 its confidentiality. 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 concerned. Amendment 30 Article 4, paragraph 2 a (new) 2a. Legislative texts already adopted in each Member State and available on the network and final decisions of national and international courts and tribunals shall be available to the public. Amendment 20 Article 4, paragraph 3a (new) 3a. When establishing the mutual information procedure, Member States shall supply data concerning the state of play as regards their national law, thus creating a basic 'data bank'. Amendment 21 Article 4, paragraph 4a (new) 4a. The network shall have a specific function enabling Member States to issue requests for information of a specific nature addressed to one or more Member States and/or the Commission, in the areas concerned by this Decision. Amendment 22 Article 4, paragraph 4b (new) 4b. The network shall have a specific function enabling the machine translation of on-line information into all the official languages of the Community, or, at least, the most widely-used ones, thereby making it easier to understand the documents. Amendment 23 Article 4, paragraph 5a (new) 5a. A secure access point for the network shall be created at the European Parliament for the use of the Members thereof. Amendment 24 Article 5, paragraph 1 1.  The Commission may, on its initiative or on demand of a Member State, organise an exchange of views with Member States' experts on a particular national measure submitted under articles 2 and 3 of this Decision. The Member State whose measure is the object of discussion shall be represented at the exchange of views. 1.  The Commission shall draw up a twice-yearly report summarising the information forwarded by the Member States. In preparing its report, the Commission may further consult the Member States. That report shall be forwarded to the European Parliament and the relevant services of the Council with a view to providing the political authorities with a basis for their exchanges of views. Amendment 25 Article 5, paragraph 2 2.  The purpose of the exchange of views shall be the identification of issues of common interest. deleted Amendment 26 Article 6, paragraph 1 The Commission shall evaluate the functioning of the system 3 years after the entry into force of this Decision and regularly thereafter. The Commission shall evaluate the functioning of the system two years after the entry into force of this Decision and regularly thereafter.

(1) Not yet published in OJ.