Considerations on COM(2017)544 - EU position in the Executive Committee of the Programme of the UN High Commissioner for Refugees

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(1) The Resolution on the Establishment of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees was adopted by the United Nations Economic and Social Council by Resolution of 30 April 1958.

(2) Pursuant to the Resolution, the Executive Committee of the Programme of the United Nations High Commissioner for Refugees acts as an advisory body as regards norms and policy with respect to international refugee protection.

(3) The Executive Committee of the Programme of the United Nations High Commission for Refugees, during its 68th session on 2-6 October 2017, is to adopt a conclusion on machine-readable travel documents for refugees and stateless persons.

(4) It is appropriate to establish the position to be adopted on behalf of the Union in the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, as the envisaged conclusion is likely to have legal effects and are, in any event, capable of decisively influencing the content of Union law, namely of Council Regulation No 2252/2004 of 13 December 2004 10 , Directive 2011/95/EC of the European Parliament and of the Council of 13 December 2011 11 , and the proposed Regulation of the European Parliament and of the Council of 13 July 2016 that is to replace Directive 2011/95/EC 12 .

(5) The Union should support the adoption of the envisaged conclusion on machine-readable travel documents for refugees and stateless persons.

(6) It is desirable that travel documents issued by states to refugees and stateless persons lawfully staying within their territory comply with security features in line with international standards, namely ICAO standard 3.12 and Document 9303 on machine readable travel documents. This renders the travel documents more secure by contributes to protecting them against forgery and fraudulent use.

(7) The position of the Union is to be expressed by the Member States of the Union that are members of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, acting jointly.

(8) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Decision.]

OR

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.]

OR

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this Decision.]

OR

[In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this Decision.

In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.]

(9) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,