Commission opinion

of 22 December 2008

on the request from Ireland to accept Council Decision 2008/381/EC establishing a European Migration Network

(2009/C 1/01)

1. INTRODUCTION

1. On 14 May 2008, the Council adopted Decision 2008/381/EC establishing a European Migration Network (EMN). Pursuant to Article 1 of the Protocol on the position of Ireland, Ireland did not participate in adoption of the above-mentioned Decision.

2. However, by virtue of Article 4 of the same Protocol "Ireland may at any time after the adoption of a measure by the Council pursuant to Title IV (ex Title IIIa) of the Treaty establishing the European Community notify its intention to the Council and to the Commission that it wishes to accept that measure. In that case, the procedure provided for in Article 11a (ex Article 5a(3)) of the Treaty establishing the European Community shall apply mutatis mutandis".

3. By letter, Ireland notified the Council and the Commission that it wishes to accept Decision 2008/381/EC.

4. In accordance with Article 11a of the Treaty establishing the European Community "any Member State that wishes to participate in enhanced cooperation established in accordance with Article 11 shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of the date of receipt of that notification. Within four months of the date of receipt of that notification, the Commission shall take a decision on it, and on such specific arrangements as it may deem necessary".

5. In accordance with the above-mentioned Article, the Commission gives the following opinion to the Council:

2. OPINION

The Commission welcomes the request from Ireland to accept Decision 2008/381/EC, which is a key component of the Community asylum and migration policy, and would therefore give a positive opinion on this participation.

The Commission notes that Ireland continues to be a strong supporter of the EMN, contributing actively to its development and outputs. The Commission considers that it is important to acknowledge this commitment at the earliest possible date, as this is considered also to be in the overall interests of the EU.

As a specific arrangement, therefore, the Commission takes the view that the above-mentioned Decision should enter into force for Ireland on the day of the notification from Ireland of its acceptance.

Done at Brussels, 22 December 2008.

For the Commission

Jacques Barrot

Vice-President

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