Explanatory Memorandum to COM(2006)191-1 - Signing of the Agreement with Russia on readmission - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2006)191-1 - Signing of the Agreement with Russia on readmission. |
|---|---|
| source | COM(2006)191  |
| date | 27-04-2006 |
In the common EU strategy of 4 June 1999 on Russia, the conclusion of a readmission agreement with this country was one of the measures proposed. On 18 September 2000, the General Affairs Council formally authorised the Commission to negotiate a readmission agreement between the European Community and the Russian Federation. In April 2001, the Commission transmitted a draft text to the Russian authorities and, following the political agreement reached on the Kaliningrad transit issue at the EU-Russia summit in November 2002, Russia stated its willingness to enter into formal negotiations. The first negotiating round took place in Moscow on 23 January 2003 and nine further sessions were held on 27/28 February 2003, 13/14 October 2003, 24/25 February 2004, 21 October 2004, 7 December 2004, 15 March 2005, 3 May 2005, 12 July 2005 and 8 September 2005, alternately in Moscow and Brussels and, since October 2004, in parallel (“back-to-back”) with negotiations on a EC-Russia visa facilitation agreement. Moreover formal negotiations were occasionally prepared by informal expert meetings.
At a meeting with Presidential aide Victor Ivanov in the Kremlin on 16 September 2005, a high level delegation of the European Commission led by Vice-President Franco Frattini managed to strike a “package deal” and reach political agreement on the final texts of the visa facilitation and readmission agreements. This final compromise was subject of in-depth discussions in COREPER on 21 and 29 September 2006 and, following some last minute negotiations with the Russian side on, in particular, the time limits for replies to readmission applications, the final texts of the two agreements were eventually approved by the General Affairs Council on 3 October 2005 and, one day later, by the EU-Russia summit. The texts of the readmission and visa facilitation agreements were initialled (first and last page) at the occasion of the PPC JHA Troika meeting between the Russian Federation and the EU on 13 October 2005 in Luxembourg. The formal initialling of the complete texts of the two agreements took place in Moscow on 4 April 2006.
Member States have regularly been 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 para. 3 lit. 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 para. 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 19 of the Agreement. Under Article 19 i, the readmission committee may adopt its own rules of procedure. As in the case for the other readmission agreements so far concluded by the Community, the Commission position in this regard shall be established by the Commission in consultation with a special committee designated by the Council.[1] 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.
Contents
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 8 sections with 23 articles altogether. It also contains 6 annexes, which form an integral part of it, and 4 joint declarations.
- The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up in a fully reciprocal way, comprising own nationals (Articles 2 and 4) as well as third country nationals and stateless persons (Articles 3 and 5).
- The obligation to readmit own nationals (Articles 2 and 4) includes also former own nationals who have renounced their nationality without acquiring the nationality or a residence authorisation of another State. In addition, Articles 2 and 4 are supplemented by a joint declaration concerning the deprivation of nationality.
- The obligation to readmit third country nationals and stateless persons (Articles 3 and 5) is linked to the following prerequisites: (a) the person concerned holds at the time of submission of the readmission application a valid visa issued by the requested State and has entered directly from this State’s territory, or (b) the person concerned holds at the time of submission of the readmission application a valid residence authorisation issued by the requested State, or (c) the person concerned entered the territory of the requesting State 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. The interpretation of the term “entering directly” has been clarified in a joint declaration.
- In return for the Russian Federation agreeing to the aforementioned obligation regarding the readmission of third-country nationals and stateless persons (Articles 3 and 5), the European Community accepted the Russian request to delay for 3 years after the entry into force of the Agreement the applicability of these obligations (Article 23 para.
3). During that three-year transitional period, Articles 3 and 5 of the Agreement shall only become applicable to stateless persons and nationals from third-countries with which the Russian Federation has concluded bilateral treaties or arrangements on readmission.
- With regard to third-country nationals and stateless persons for whom it has given a positive reply to the readmission application, the Russian Federation accepts the use of the EU's standard travel document for expulsion purposes (Article 3 para.
3);
- The Agreement contains a section on transit operations (Articles 14 and 15 in conj. with annex 6);
- Section III of the Agreement (Articles 6 to 13 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). Some procedural flexibility is provided by the fact that no readmission 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 6 para.
2). In its paragraph 3, Article 6 contains another important procedural element, the so-called accelerated procedure, which has been agreed upon for persons apprehended in the “border region”, i.e. within an area which extends up to 30 kilometres from the common land border between a Member State and the Russian Federation or within the territories of seaports and International airports of Member States or the Russian Federation. Under the accelerated procedure, readmission applications have to be submitted, and replies have to be given, within 2 working days whereas under the normal procedure, the time limit for replies is25 calendar days with the right to an extension of up to 60 calendar days in duly motivated cases.
- Articles 16 to 18 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 19;
- In order to execute this Agreement in practice, Article 20 obliges the Russian Federation to conclude bilateral implementing Protocols with all Member States. In deviation from previous Community readmission agreements, this provision also foresees a possibility to agree on specific bilateral time limits for the handling of readmission applications (Article 20 para. 1 lit. f in conj. with Article 11 para.
2). This possibility has been inserted as a last minute compromise in order to satisfy those Member States whose maximum detention period under their national immigration laws is equal or inferior to 60 calendar days. The relation between the bilateral implementing Protocols and this Agreement is clarified by Article 18 para. 2;
- The final provisions (Art. 21 to 23) contain the necessary rules on entry into force, duration, termination and the legal status of the annexes to the agreement. Article 23 para. 2, which is mirrored by a similar provision in the visa facilitation agreement, ensures that the readmission agreement and the visa facilitation agreement can only enter into force jointly, i.e. at the same date. However, the obligations set out in Articles 3 and 5 relating to the readmission of third country nationals and stateless persons will only become applicable three years after the entry into force of the Agreement (see above).
- The specific situation of Denmark is reflected in the preamble, Article 1 lit. b), Article 21 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.
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 the Russian Federation on readmission.
COUNCIL DECISION
concerning the signing of the Agreement between the European Community and the Russian Federation 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:
By its decision of 18 September 2000, the Council authorised the Commission to negotiate an agreement between the European Community and the Russian Federation on readmission.
Negotiations for the Agreement took place between 23 January 2003 and 16 September 2005.
Subject to its possible conclusion at a later date, the Agreement initialled in Moscow on 4 April 2006 should be signed.
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.
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, Ireland has notified its wish to take part in the adoption and application of this Decision.
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:
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 the Russian Federation on readmission.
Done in Brussels, the………..of…………2006.
The President