PURPOSE: to conclude the Agreement between the
European Union and Turkey on the readmission of persons residing
without authorisation.
PROPOSED ACT: Council Decision.
BACKGROUND: the negotiating directives for a European
Community Turkey readmission agreement were adopted by the
Council on 28 November 2002. Negotiations were formally opened on
27 May 2005 in Brussels. After first four negotiations rounds
(fourth one on 7 December 2006), the negotiations restarted in
2009. A new draft text was prepared and transmitted to Turkey on 17
December 2009. Three further formal negotiation rounds took place
in 2010. An additional meeting between the Chief negotiators was
held on 14 January 2011 in Ankara. Those meetings brought the
negotiations to the end at the level of Chief
Negotiators.
The text was subject to the consultations on both
sides. On the EU side, the outcome of the negotiations was endorsed
by the Justice and Home Affairs (JHA) Council held on 24 February
2011. After further contacts with Turkey, the agreed text was
initialled on 21 June 2012 in Brussels by the representatives of
both Parties. Member States have been regularly informed and
consulted at all (informal and formal) stages of the readmission
negotiations. The European Parliament's consent will be required
for the conclusion of the Agreement.
IMPACT ASSESSMENT: no impact assessment was carried
out.
LEGAL BASIS: Article 79(3), in conjunction with
Article 218 (6)(a) of Treaty on the Functioning of the European
Union (TFEU).
CONTENT: the proposed Decision constitutes the legal
instrument for the conclusion of the readmission agreement. The
Council will decide by qualified majority.
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
Union within the Joint Readmission Committee set up by Article 19
of the Agreement. As in the case for the other readmission
agreements so far concluded by the Union, the Union 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 Union
position shall be established in accordance with the applicable
provisions of the Treaty.
The final content of the Agreement can be
summarised as follows:
- the readmission obligations set out in the Agreement
(Articles 3 - 6) are drawn up in a fully reciprocal way, comprising
own nationals (Articles 3 and 5) as well as third country nationals
and stateless persons (Articles 4 and 6);
- the obligation to readmit own nationals includes also
former own nationals who have renounced or who have been deprived
of their nationality without acquiring the nationality of another
State;
- the readmission obligation with regard to own
nationals covers also family members (i.e. spouses and minor
unmarried children) regardless of their nationality and who do not
have an independent right of residence in the Requesting
State;
- 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 or
residence permit issued by the requested State or (b) the person
concerned holds a residence permit issued by the requested State
(c) the person concerned illegally 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, all persons to whom the requesting State has
issued a visa or residence permit before or after entry to its
territory and all persons who enjoy a visa-free access to the
territory of the Requesting State;
- the readmission obligation for third country nationals
or stateless persons becomes applicable only three years after the
entry into force of the whole agreement. During that period that
obligation will be applicable to stateless persons and third
country nationals coming from those third countries with which
Turkey concluded readmission agreements. During the same period the
bilateral agreements between Turkey and Member States remain
applicable in the relevant parts (Article 24(3));
- for own nationals, in
case there is no consular office of Turkey in a Member State or in
case of the expiry of specified time limits for issuance of travel
documents, Turkey accepts its positive reply to the readmission
application as sufficient travel document for the readmission of
the person concerned. In the same cases for third country
nationals or stateless persons, Turkey accepts the use of the EU's
standard travel document for expulsion purposes (Articles 4(3) and
4(4));
- Section III of the Agreement (Articles 7 to 14 in
conjunction 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
13). 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 travel document or
identity card and, in case of third country nationals, valid visa
or residence permit issued by the Requested State (Article
7(3));
- in its Article 7(4), the Agreement sets out the
so-called accelerated procedure, which has been agreed upon
for persons apprehended in the border region,
i.e. an area within the Requesting State's territory extending
inwards up to 20 kilometres from the external border of that State,
whether or not the border is shared between the Requesting State
and the Requested State as well as the sea ports including customs
zones and international airports of the Requesting State. Under the
accelerated procedure, readmission applications have to be
submitted within 3 working days, and replies have to be given
within 5 working days;
- under the normal procedure, the time limit for replies
to readmission applications is 25 calendar days except for the
Requesting State which has a shorter initial detention period in
the national legislation, in which case that shorter period will
apply. The initial period may be extended up to 60 calendar days
except for the Requesting State with the maximum detention period
of less or equal to 60 days;
- the Agreement contains a section on transit operations
(Articles 14 and 15 in conj. with annex 6);
- Articles 16, 17 and 18 contain the necessary rules on
costs, data protection and the relation to other International
obligations and existing EU Directives. The agreement is without
prejudice to other arrangements relating to areas other than
readmission, such as voluntary return;
- 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 creates the possibility for Turkey and individual Member
States to conclude bilateral implementing Protocols. The relation
between the bilateral implementing Protocols and this Agreement is
clarified by Article 21;
- the final provisions (Articles 22 to 25) contain the
necessary rules on entry into force, duration, technical
assistance, termination and the legal status of the annexes to the
agreement.
Territorial provisions:
the specific situation of Denmark is reflected in the preamble to
the Agreement and in a joint declaration attached to the Agreement.
The close association of Norway, Iceland, Liechtenstein and
Switzerland to the implementation, application and development of
the Schengen acquis is likewise reflected in a joint declaration
attached to the Agreement.
BUDGETARY IMPLICATIONS: this proposal has no
implication for the EU budget.