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27.5.2011 Official
Journal
of
the
European
Union L
141/13
REGULATION (EU) No 493/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 5 April 2011
amending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers
network
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Immigration
liaison
officers
are
to
collect
information
EUROPEAN UNION,
concerning illegal immigration for use either at oper
ational level or at strategic level, or both. Such
information could substantially contribute to the
activities of Frontex relating to risk analysis, and closer
cooperation between different immigration liaison
Having regard to the Treaty on the Functioning of the European
officers networks and Frontex should be established to
Union, and in particular Article 79(2)(c) and Article 74 thereof,
that effect.
Having regard to the proposal from the European Commission,
(5) All
Member
States
should
be
able
to
initiate
meetings,
when considered appropriate, between the immigration
liaison officers posted in a particular third country or
region in order to enhance cooperation between them.
Acting in accordance with the ordinary legislative procedure ( 1 ),
Representatives of the Commission and Frontex should
participate in those meetings. It should be possible to
invite other bodies and authorities, such as the
European Asylum Support Office and the Office of the
United Nations High Commissioner for Refugees.
Whereas:


(1) Council
Regulation
(EC)
No
377/2004
(
(6) Decision
No
574/2007/EC
of
the
European
Parliament

2 ) lays down the
obligation to establish forms of cooperation among
and of the Council ( 5 ) establishes for the period from
immigration liaison officers of Member States, the
1 January 2007 to 31 December 2013 the External
objectives of such cooperation, the functions and appro
Borders Fund as part of the General programme ‘Soli
priate qualifications of such liaison officers, as well as
darity and Management of Migration Flows’, in order to
their responsibilities vis-à-vis the host country and the
contribute to strengthening the area of freedom, security
posting Member State.
and justice and applying the principle of solidarity
between the Member States. It should be possible to
use the available resources of the External Borders Fund
to enhance the activities organised by the consular and
other services of Member States in third countries and to
(2) Council
Decision
2005/267/EC
( 3 ) established a secure
support the reinforcement of the operational capacity of
web-based Information and Coordination Network for
different immigration liaison officers networks, thereby
Member States’ Migration Management Services for the
promoting a more effective cooperation via those
exchange of information on irregular migration, illegal
networks, between the Member States.
entry and immigration and the return of illegal residents.
Under that Decision the elements for information
exchange are to include the network of immigration
liaison officers.
(7) The
European
Parliament,
the
Council
and
the
Commission should be informed regularly about the
activities of immigration liaison officers networks in
specific countries and/or regions of particular interest
(3) Council
Regulation
(EC)
No
2007/2004
( 4 ) established a
to the Union and about the situation in those
European Agency for the Management of Operational
countries and/or regions in matters relating to illegal
Cooperation at the External Borders of the Member
immigration. The selection of the specific countries
States of the European Union (Frontex). Frontex is
and/or regions of particular interest to the Union
tasked with preparing general and tailored risk analyses
should be based on objective migratory indicators, such
to be submitted to the Council and the Commission.
as statistics on illegal immigration, and risk analyses and
other relevant information or reports prepared by
( 1 ) Position of the European Parliament of 14 December 2010 (not yet
Frontex and the European Asylum Support Office, and
published in the Official Journal) and decision of the Council of
should take into consideration the overall Union external
14 March 2011.
relations policy.
( 2 ) OJ L 64, 2.3.2004, p. 1.
( 3 ) OJ L 83, 1.4.2005, p. 48.
( 4 ) OJ L 349, 25.11.2004, p. 1.
( 5 ) OJ L 144, 6.6.2007, p. 22.

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L 141/14
EN
Official Journal of the European Union
27.5.2011
(8) Regulation
(EC)
No
377/2004
should
therefore
be
European Union and to the Treaty on the Functioning of
amended accordingly.
the European Union, Denmark is not taking part in the
adoption of this Regulation and is not bound by it or
subject to its application. Given that this Regulation
builds upon the Schengen acquis, Denmark shall, in
accordance with Article 4 of that Protocol, decide
(9) Since
the
objective
of
this
Regulation,
namely
adapting
within a period of 6 months after the Council has
the current Union provisions on the creation and func
decided on this Regulation whether it will implement it
tioning of immigration liaison officers networks in order
in its national law.
to take into account changes in Union law and practical
experience gained in that context, cannot be sufficiently
achieved by the Member States and can therefore be
better achieved at Union level, the Union may adopt
measures, in accordance with principle of subsidiarity
as set out in Article 5 of the Treaty on European
(14) As regards Iceland and Norway, this Regulation
Union. In accordance with the principle of propor
constitutes a development of the provisions of the
tionality, as set out in that Article, this Regulation does
Schengen acquis within the meaning of the Agreement
not go beyond what is necessary in order to achieve that
concluded by the Council of the European Union and
objective.
the Republic of Iceland and the Kingdom of Norway
concerning the latters’ association with the implemen
tation, application and development of the Schengen
acquis ( 3 ) which fall within the area referred to in
Article 1, points A and E of Council Decision
(10) This
Regulation respects the fundamental rights and
1999/437/EC ( 4 ) on certain arrangements for the appli
observes the principles recognised by the Charter of
cation of that Agreement.
Fundamental Rights of the European Union and
reflected in the European Convention for the Protection
of Human Rights and Fundamental Freedoms, in
accordance with Article 6 of the Treaty on European
Union.
(15) As
regards
Switzerland,
this Regulation
constitutes
a
development of the provisions of the Schengen acquis
within the meaning of the Agreement between the
European Union, the European Community and the
(11) The
United
Kingdom
is
taking
part
in
this
Regulation,
in
Swiss Confederation on the Swiss Confederation’s
accordance with Article 5(1) of the Protocol on the
association with the implementation, application and
Schengen acquis integrated into the framework of the
development of the Schengen acquis (
European Union, annexed to the Treaty on European

5 ) which fall
within the area referred to in Article 1, points A and
Union and to the Treaty on the Functioning of the
E, of Decision 1999/437/EC read in conjunction with
European Union, and Article 8(2) of Council Decision
Article 3 of Council Decision 2008/146/EC (
2000/365/EC of 29 May 2000 concerning the request

6 ).
of the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
Schengen acquis ( 1 ).
(16) As
regards
Liechtenstein,
this
Regulation
constitutes
a
development of the provisions of the Schengen acquis
(12) Ireland is taking part in this Regulation, in accordance
within the meaning of the Protocol signed between the
with Article 5(1) of the Protocol on the Schengen acquis
European Union, the European Community, the Swiss
integrated into the framework of the European Union,
Confederation and the Principality of Liechtenstein on
annexed to the Treaty on European Union and to the
the accession of the Principality of Liechtenstein to the
Treaty on the Functioning of the European Union, and
Agreement between the European Union, the European
Article 6(2) of Council Decision 2002/192/EC of
Community and the Swiss Confederation on the Swiss
28 February 2002 concerning Ireland’s request to take
Confederation’s association with the implementation,
part in some of the provisions of the Schengen acquis (
application and development of the Schengen acquis

2 ).
which fall within the area referred to in Article 1,
points A and E, of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decision
2008/261/EC ( 7 ),
(13) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
( 3 ) OJ L 176, 10.7.1999, p. 36.
( 4 ) OJ L 176, 10.7.1999, p. 31.
( 5 ) OJ L 53, 27.2.2008, p. 52.
( 1 ) OJ L 131, 1.6.2000, p. 43.
( 6 ) OJ L 53, 27.2.2008, p. 1.
( 2 ) OJ L 64, 7.3.2002, p. 20.
( 7 ) OJ L 83, 26.3.2008, p. 3.

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EN
27.5.2011 Official
Journal
of
the
European
Union L
141/15
HAVE ADOPTED THIS REGULATION:
(c) paragraph 3 is replaced by the following:
Article 1
‘3. The
Member
State
holding
the
Presidency
of
the
Council of the European Union shall take the initiative
Amendments
to hold such meetings. If the Member State holding the
Regulation (EC) No 377/2004 is amended as follows:
Presidency is not represented in the country or region
concerned, it is up to the Member State serving as
acting Presidency to take the initiative to hold the
(1) Article 3 is amended as follows:
meeting. Such meetings may also be held at the
initiative of other Member States.’;
(a) in paragraph 1, the second sentence is deleted;
(3) Article 6 is replaced by the following:
(b) the following paragraph is added:
‘Article 6
‘3.
The information referred to in paragraphs 1 and 2
1. The
Member
State
holding
the
Presidency
of
the
shall be made available on the secure web-based
Council of the European Union or, where that Member
Information and Coordination Network for Member
State is not represented in the country or region concerned,
States’ Migration Management Services established by
the Member State serving as acting Presidency shall draw
Council Decision 2005/267/EC (*) (ICONet) under the
up, by the end of each semester, a report to the European
section dedicated to immigration liaison officers
Parliament, the Council and the Commission on the
networks. The Commission shall also provide that
activities of immigration liaison officers networks in
information to the Council.
specific countries and/or regions of particular interest to
the Union, as well as on the situation in those countries
___________
and/or regions, in matters relating to illegal immigration,
taking into consideration all the relevant aspects, including
(*) OJ L 83, 1.4.2005, p. 48.’;
human rights. The selection, following a consultation with
the Member States and the Commission, of the specific
countries and/or regions of particular interest to the
(2) Article 4 is amended as follows:
Union shall be based on objective migratory indicators,
such as statistics on illegal immigration, and risk analyses
and other relevant information or reports prepared by
(a) in paragraph 1, the second indent is replaced by the
Frontex and the European Asylum Support Office, and
following:
shall take into consideration the overall Union external
relations policy.
‘— exchange information and practical experience, in
particular at meetings and via ICONet,
2. The
Member
State’s
reports
referred
to
in
paragraph
1
shall be drawn up in accordance with the model established
by Commission Decision 2005/687/EC of 29 September
2005 on the format for the report on the activities of
— exchange information, where appropriate, on
immigration liaison officers networks and on the situation
experience regarding asylum seekers’ access to
in the host country in matters relating to illegal immi
protection,’;
gration (*) and shall indicate the relevant selection criteria.
3. The Commission shall, on the basis of the Member
(b) paragraph 2 is replaced by the following:
State’s reports referred to in paragraph 1, taking into
consideration human rights aspects where relevant,
provide a factual summary and, where appropriate, recom
‘2. Representatives
of
the
Commission
and
the
mendations to the European Parliament and to the Council,
European Agency for the Management of Operational
on an annual basis, on the development of immigration
Cooperation at the External Borders of the Member
liaison officers networks.
States of the European Union (Frontex) established by
Council Regulation (EC) No 2007/2004
(*) may
___________
participate in the meetings organised within the
framework of the immigration liaison officers network,
(*) OJ L 264, 8.10.2005, p. 8.’.
although, if operational considerations so require,
meetings may be held in the absence of those represen
tatives. Other bodies and authorities may also be
invited, as appropriate.
Article 2
Entry into force
___________
This Regulation shall enter into force on the 20th day following
(*) OJ L 349, 25.11.2004, p. 1.’;
its publication in the Official Journal of the European Union.

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L 141/16
EN
Official Journal of the European Union
27.5.2011
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 5 April 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.

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