Explanatory Memorandum to COM(2007)197-2 - Conclusion of the Agreement with Ukraine on readmission - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)197-2 - Conclusion of the Agreement with Ukraine on readmission. |
|---|---|
| source | COM(2007)197  |
| date | 18-04-2007 |
In the common EU strategy of 11 December 1999 on Ukraine, the conclusion of a readmission agreement with this country was one of the measures proposed. On 13 June 2002, the General Affairs Council formally authorised the Commission to negotiate a readmission agreement between the European Community and Ukraine. In August 2002, the Commission transmitted a draft text to the Ukrainian authorities and the first formal negotiation round took place on 18 November 2002 in Kiev. Twelve further sessions were held alternately in Kiev and Brussels and, since November 2005, in parallel ("back-to-back") with negotiations on a EC-Ukraine visa facilitation agreement. Moreover, formal negotiations were occasionally prepared by informal expert meetings.
At the last formal round on 10 October 2006, the Commission presented Ukrainian side with a 'package deal' on both agreements, which included, as far as the readmission agreement was concerned, a proposal for a 2 year transitional period for the entry into force of the provisions in the agreement dealing with the readmission of third country nationals and stateless persons. On 25 October the Ukrainian Ambassador to the EU informed the Commission that Ukraine could accept the 'package deal', including the transitional period of 2 years. The final texts of the readmission and visa facilitation agreements were initialled at the occasion of the EU-Ukraine Summit in Helsinki on 27 October 2006.
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 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 15 of the Agreement. Under Article 15 (5), 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.
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 7 sections with 21 articles altogether. It also contains 8 annexes, which form an integral part of it, 4 joint declarations and 1 unilateral declaration by Ukraine.
- The readmission obligations set out in the Agreement (Articles 2 to 4) are drawn up in a fully reciprocal way, comprising own nationals (Article 2) as well as third country nationals and stateless persons (Article 3) and readmission in error (Article 4).
- The obligation to readmit own nationals (Article 2) 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 is supplemented by a joint declaration concerning the deprivation of nationality.
- The obligation to readmit third country nationals and stateless persons (Article 3) is linked to the following prerequisites: (a) the person concerned held at the time of entry a valid visa issued by the requested State and has entered directly from this State’s territory, or (b) the person concerned held at the time of entry a valid residence authorisation issued by the requested State, or (c) the person concerned illegally 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.
- In return for Ukraine agreeing to the aforementioned obligation regarding the readmission of third-country nationals and stateless persons (Article 3), the European Community agreed to delay for 2 years after the entry into force of the Agreement the applicability of these obligations (Article 20 para. 3 ). During that two-year transitional period, Article 3 of the Agreement shall only become applicable to stateless persons and nationals from third-countries with which Ukraine has concluded bilateral treaties or arrangements on readmission. Moreover, during that two-year transitional period, the provisions in existing bilateral agreements or arrangements concluded between individual Member States and Ukraine concerning readmission of stateless persons and third country nationals shall continue to apply (Article 17 para.
2).
- With regard to third-country nationals and stateless persons for whom it has given a positive reply to the readmission application, Ukraine accepts the use of the EU's standard travel document for expulsion purposes (Article 3 para.
4).
- The Agreement contains a section on transit operations (Articles 10 and 11 in conj. with annex 6).
- Section III of the Agreement (Articles 6 to 9 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 5 para.
2). In its paragraph 3, Article 5 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 Ukraine or within the territories of seaports and International airports of Member States or Ukraine. 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 is 14 calendar days with the right to an extension of up to 30 calendar days in duly motivated cases.
- Articles 12 to 14 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 15.
- In order to execute this Agreement in practice, Article 16 creates the possibility for Ukraine and individual Member States to conclude bilateral implementing Protocols. The relation between the bilateral implementing Protocols and this Agreement is clarified by Article 17 para. 1.
- The final provisions (Art. 18 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 lit. b), Article 18 para. 2 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 Ukraine on readmission.
COUNCIL DECISION
concerning the signing of the Agreement between the European Community and Ukraine 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 13 June 2002, the Council authorised the Commission to negotiate an agreement between the European Community and Ukraine on readmission.
Negotiations for the Agreement took place between 18 November 2002 and 10 October 2006.
Subject to its possible conclusion at a later date, the Agreement initialled in Helsinki on 27 October 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 Ukraine on readmission.
Done in Brussels, the………..of…………2007.
The President