Prüm Treaty and unauthorized migration METROPOLIS International Conference Ponta Delgada, 15. th September de 2011 João Pedro Campos Resercher/CES.

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Prüm Treaty and unauthorized migration METROPOLIS International Conference Ponta Delgada, 15. th September de 2011 João Pedro Campos Resercher/CES

(2005) Treaty between: Kingdom of Belgium; Federal Republic of Germany; Kingdom of Spain; French Republic; Grand Duchy of Luxembourg; Kingdom of the Netherlands; Republic of Austria

Plus: Italy (2006) Slovenia (2006) Portugal (2006) Finland (2006) Hungary (2007) Bulgaria (2007) Romania (2007)

Purpose: Considering that in an area with free movement of persons it is important for Member States of the European Union to step up their cooperation, in order to combat terrorism, cross- border crime and illegal migration more effectively…

Range of matters: Exchange of DNA, fingerprint and vehicle registration data (Arts. 2–12) Supply of data for security management during major events (Arts. 14–15) Sending of data for anti- terrorism purposes (Art. 16)

Range of matters: Reinforces police cooperation in the field, allowing intervention by foreign agents within national borders (Arts. 24–32) ‘air marshals’ (Arts. 17–19). immigration issues such as repatriations and the control of fake documents (Arts. 20– 23)

Council Decisions Two 2008 Council Decisions (Decision 2008/615/JHA and 2008/616/JHA) aimed to transpose the Treaty within the EU framework But sensitive issues like cooperation on illegal migration and air marshals were withdrawn from the text

Measures to combat illegal immigration in Art of the Treaty will not be incorporated to the EU framework but will remain in the International Treaty of Prüm.

Prüm's cooperation on illegal migration Like EU action in this field the treaty doesn’t have a definition of illegal migration – open field to national law... There is no common reference point - regularly or irregularly presence of an individual

Art. 20(1) provides that “on the basis of joint situation assessments and in compliance with the relevant provisions of […] Regulation 377/2004 […] on the creation of immigration liaison officers network, the Contracting Parties shall agree on the seconding of document advisers to States regarded as source or transit countries for illegal migration”.

Considering (Art. 4.º TFEU) - Can a small group of Member States act under the auspices of an EC Regulation but outside its scope?

Differentiated integration Multi-speed Europe

« La différenciation constitue la seule solution possible pour concilier l’élargissement et l’approfondissement. » Jacques DELORS, 8 ème Président de la Commission Européenne