Explanatory Memorandum to COM(2009)106-2 - Conclusion of the Agreement with Pakistan on readmission - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)106-2 - Conclusion of the Agreement with Pakistan on readmission. |
|---|---|
| source | COM(2009)106  |
| date | 06-03-2009 |
CONCLUSION OF A READMISSION AGREEMENT WITH PAKISTAN WAS ONE OF THE MEASURES RECOMMENDED IN THE 1999 HIGH LEVEL WORKING GROUP ACTION PLAN ON AFGHANISTAN. ON 18 SEPTEMBER 2000, THE GENERAL AFFAIRS COUNCIL FORMALLY AUTHORISED THE COMMISSION TO NEGOTIATE A READMISSION AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND PAKISTAN. IN April 2001 the Commission transmitted a draft text to the Pakistan authorities. Following the Ministerial Troika meeting in Islamabad on 18 and 19 February 2004 and the establishment of the link between readmission and the ratification, by the EU, of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on Partnership and Development, the first round of formal negotiations could be held in Islamabad in April 2004. Six further formal rounds of negotiations took place, the last one in Brussels on 17 September 2007.
Following the last round of negotiations in September 2007, where all the outstanding issues could be resolved, both sides sought the endorsement of the agreed text from their respective constituencies. Following a lengthy consultation and approval process on both sides, the agreed text could finally be initialled on 9 September 2008 in Brussels by the Commission's Chief Negotiator and the Pakistani Ambassador to the EU.
Member States have been regularly informed and consulted at all (informal and formal) stages of the readmission negotiations.
On the part of the Community, the legal basis for the Agreement is Article 63(3)(b), in conjunction with Article 300 TEC.
The attached proposals constitute the legal instrument for the signature and conclusion of the readmission agreement. The Council will decide by qualified majority. The European Parliament will have to be formally consulted on the conclusion of the Agreement, in accordance with Art. 300(3) EC Treaty.
The proposed decision concerning the conclusion sets out the necessary internal arrangements for the practical application of the Agreement. In particular , it specifies that the Commission, assisted by experts from Member States, represents the Community within the Joint Readmission Committee set up by Article 16 of the Agreement. Under Article 16 (6), the readmission committee shall adopt its own rules of procedure. As in the case for the other readmission agreements so far concluded by the Community, the Community position in this regard shall be established by the Commission in consultation with a special committee designated by the Council. As regards other decisions to be taken by the Joint Committee, the Community position shall be established in accordance with the applicable provisions of the Treaty.
II. Outcome of the negotiations
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Readmission Agreement is acceptable to the Community.
The final content of it can be summarised as follows:
- The Agreement is divided into 7 sections with 21 articles altogether. It also contains 6 Annexes, which form an integral part of it, and 10 joint declarations.
- The readmission obligations set out in the Agreement (Articles 2 and 3) are drawn up in a fully reciprocal way, comprising own nationals (Article 2) as well as third country nationals and stateless persons (Article 3).
- The obligation to readmit third country nationals and stateless persons (Article 3) is linked to the following prerequisites: (a) the person concerned holds, at the time of submission of the readmission application, a valid visa or residence authorisation issued by the requested State or (b) the person concerned unlawfully entered the territory of the requesting State coming directly from the territory of the requested State. Exempted from these obligations are persons in airside transit and all persons to whom the requesting State has either granted visa-free access or issued a visa or residence authorisation with a longer period of validity.
- In return for Pakistan agreeing to the aforementioned obligation regarding the readmission of third-country nationals and stateless persons (Article 3), the European Community agreed that the agreement, without prejudice to the Parties' obligations under international customary law to take back own nationals, shall only apply to persons who entered the territories of the Parties after its entry into force (Article 20(3)).
- Section II of the Agreement (Articles 4 to 10 in conj. with Annexes 1 to 5) contains the necessary technical provisions regarding the readmission procedure (readmission application, means of evidence, time limits, transfer modalities and modes of transportation) and readmission in error (Article 10). Some procedural flexibility is provided by the fact that no readmission application will be needed in cases where the person to be readmitted is in possession of a valid national passport and, if he or she is a third-country national, also holds a valid visa or residence authorisation of the State which has to readmit him or her (Article 4(2)).
- The Agreement contains a section on transit operations (Articles 11 and 12 in conj. with Annex 6).
- Articles 13, 14 and 15 contain the necessary rules on costs, data protection and the relation to other international obligations.
- The Joint Readmission Committee will be composed, and have the tasks and powers, as set out in Article 16.
- In order to execute this Agreement in practice, Article 17 creates the possibility for Pakistan and individual Member States to conclude bilateral implementing Protocols. The relation between the bilateral implementing Protocols and this Agreement is clarified by Article 18.
- The final provisions (Art. 19 to 21) contain the necessary rules on entry into force, duration, possible amendments, termination and the legal status of the Annexes to the agreement.
- The specific situation of Denmark is reflected in the preamble, Article 1(a), Article 19 i and in a joint declaration attached to the Agreement. The close association of Norway and Iceland to the implementation, application and development of the Schengen Acquis is likewise reflected in a joint declaration to the Agreement.
III. Conclusions
In the light of the above-mentioned results, the Commission proposes that the Council
- decide that the Agreement be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- approve, after consultation of the European Parliament, the attached Agreement between the European Community and Pakistan on readmission.
Proposal for a
COUNCIL DECISION
concerning the signing of the Agreement between the European Community and Pakistan on readmission
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 63, paragraph 3 lit. b), in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission i,
WHEREAS:
1. By its decision of 18 September 2000, the Council authorised the Commission to negotiate an agreement between the European Community and Pakistan on readmission.
2. Negotiations for the Agreement took place between April 2004 and September 2007.
3. Subject to its possible conclusion at a later date, the Agreement initialled in Brussels on 9 September 2008 should be signed.
4. In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.
5. In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Agreement between the European Community and Pakistan on readmission.
Done in Brussels, the
For the Council
The President