Thank you for your query of 17 October 2007 [109] in which you seek clarification on the points raised in my Explanatory Memorandum of 26 September, in particular those concerning the proposed allocation of responsibilities between the Steering Board and the European Commission, the role of the proposed "scientific experts" and the criteria for the allocation of financial support between the National Contact Points. You also seek clarification on whether the Government will opt in to this measure.

  Since the Explanatory Memorandum on the draft Decision was submitted to Parliament, the draft Decision has been discussed at two meetings of the Council Working Party on Migration and Expulsion (admissions).

  During the recent negotiations, the UK Government and those of other Member States have made a number of changes to the draft Decision to ensure further Member State involvement in key European Migration Network (EMN) decisions, including the process of agreement of the annual work programme. For example, the text in Article 6 (4) of the draft Council Decision was amended to read "After consultation of the National Contact Points and approval by the Steering Board, the Commission shall, within the limits of the general objective and tasks defined in Articles 1 and 2, adopt the EMN's annual programme of activities".

  The Commission has clarified that the two "scientific experts" will have no voting rights on the Steering Board. It is envisaged that, in addition to assisting the Board, the experts may additionally commission peer reviews of the outputs of the EMN. The UK Government has proposed that there should be frequent rotation of expert members of the Board, to avoid undue influence by any one country or institution.

  The key issue of how the available budget is to be allocated to National Contact Points is yet unresolved as no clear objective criteria were identified during the EMN's pilot phase. The Commission has suggested that a minimum amount should be allocated to all National Contact Points with additional funding for those with a heavier work load (which would include the UK). The Steering Board will be tasked with setting the minimum and maximum grant level available to National Contact Points each year in line with the activities of the annual work programme.

  At least one further meeting of the Working Party is planned; the UK Government will continue to make representations to address any remaining issues of concern.

  The UK Government is still in the process of deciding whether to opt in to this measure in view of the recent changes to the draft Council Decision following negotiations in the Council Working Party. A decision is required by the end of this month.

9 November 2007

  Thank you for your letter of 9 November 2007, which Sub-Committee F the European Union Select Committee considered at a meeting on 28 November. We much appreciate your keeping us up to date with the progress of negotiations.

  We understand that the proposal is coming up for adoption and that the Government has decided to opt in to this measure. The Committee has therefore decided to clear this document from scrutiny. We would however be grateful to be informed how the outstanding issues such as those which regard the budget allocation have been settled.

30 November 2007

  Thank you for your query of 30 November 2007, in which you ask to be informed of how the outstanding issues, such as those regarding the budget allocation, have been settled in relation to the draft Council Decision establishing a European Migration Network (EMN).

  Since my last letter to your Committee regarding the draft Council Decision, the draft has been discussed at a further meeting of the Council Working Party on Migration and Expulsion (admissions) and at senior official level in the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA). A final text agreed as a general approach by all Member States in the Council is now available (see attached) (not printed).

  It was decided at the Council Working Party meeting that the Steering Board will be responsible for deciding on indicative minimum and maximum budget levels to be allocated to each National Contact Point. These budget levels must reflect the Member States' costs arising from the proper functioning of the Network, in accordance with Article 5. This procedure will remove the full responsibility of funding allocation from the Commission.

  A number of our other key concerns were addressed at the Council Working Party meeting. I have listed these below.

— An explicit reference was inserted in the draft on the need for an external, independent evaluation of the Network in 2009 and 2012. The evaluation report will be accompanied, if necessary, by proposals for amendments to the Council Decision. These evaluations will further strengthen the accountability of the European Commission to Member States and the European Parliament.

— Our position was further strengthened by the repositioning of the `non-English language requirement' clause from Article 5(2)(e) to the Preamble (8) and the loosening of the wording to "Each National Contact Point should also collectively have adequate expertise in … collaborating in a multilingual environment at European level".

— We obtained assurances from the Commission that Member States, through the National Contact Point, will have an informal role in the selection of a future Service Provider (a formal role being outside what is feasible under Commission procurement procedures).

13 February 2008