Considerations on COM(2021)414 - Suspension of certain provisions of Regulation 810/2009 with respect to Iraq

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dossier COM(2021)414 - Suspension of certain provisions of Regulation 810/2009 with respect to Iraq.
document COM(2021)414 EN
date July 15, 2021
 
(1) Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part 5 , which entered into force on 1 August 2018, reiterates the customary obligation for both Parties to readmit their own nationals who are illegally present on the territory of the other Party (Art. 105 3.). Iraq does not respect that obligation, as attested by its declared position of not cooperating on non-voluntary returns. Member States also face poor cooperation on the part of Iraq in all aspects of the return process.

(2) The Commission has repeatedly called on Iraq to improve cooperation on the readmission of illegally staying third country nationals and to give full implementation to the provisions on readmission of own nationals of the EU-Iraq Partnership and Cooperation Agreement, in particular in the framework of the EU-Iraq Informal Migration Dialogue (established 2017), as well as in oral and written exchanges with the Iraq government representatives, specifically expressing growing concerns in this respect and advising on possible consequences of failing to improve cooperation on readmission. 

(3) Taking into account the steps taken, so far by the Commission to improve the level of cooperation and the Union’s overall relations with Iraq it is considered that Iraq’s cooperation with the Union on readmission matters is not sufficient and that action should be taken.

(4) The application of certain provisions of Regulation (EC) No 810/2009 should therefore be temporarily suspended for nationals of Iraq. This is considered the most efficient action to take in view of stimulating the Iraqi authorities to undertake the necessary actions to improve cooperation on readmission matters. The temporary suspension does not apply to nationals of Iraq applying for a visa and who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying a right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other. 

(5) The measures temporarily suspended are set out in point(a) of Article 25a(5) of the Visa Code: suspension of the possibility of waiving requirements with regard to the documentary evidence to be submitted by visa applicants referred to in Article 14(6), suspension of the general 15 calendar days processing period referred to in Article 23(1) (which as a consequence also excludes the application of the rule on the extension of this period up to a maximum of 45 days in individual cases), suspension of the issuing of multiple entry visas (MEVs) in accordance with Article 24(2) and (2c) and, suspension of the optional visa fee waiver for holders of diplomatic and service passports in accordance with point (b) of Article 16(5).

(6) Article 21(1) of the Treaty on the Functioning of the European Union provides that every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. Directive 2004/38/EC of the European Parliament and of the Council 6 gives effect to those limitations and conditions. This Decision does not affect the application of that Directive, which extends the right of free movement to family members independent of their nationality when joining or accompanying the Union citizen. This Decision thus does not apply to family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying a right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other.

(7) Given that Denmark decided to implement Regulation (EC) No 810/2009 which builds on the Schengen acquis in its national law, in accordance with Article 4 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark is bound under international law to implement this Decision.

(8) This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 7 ; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application

(9) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC 8 .

(10) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 9 which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Decision 2008/146/EC 10 .

(11) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 11 which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Decision 2011/350/EU 12 .

(12) This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession.