10 EU Readmission Agreement with Azerbaijan
| (a)
(35456)
15493/13
COM(13) 745
(b)
(35457)
15494/13
COM(13) 744
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Draft Council Decision concerning the signature of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation
Draft Council Decision concerning the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation
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| Legal base | (a) Articles 79(3) and 218(5) TFEU;QMV
(b) Articles 79(3) and 218(6)(a); QMV; EP consent
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| Document originated | (Both) 29 October 2013
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| Deposited in Parliament | (Both) 1 November 2013
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| Department | Home Office
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| Basis of consideration | EM of 12 November 2013
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| Previous Committee Report | None
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| Discussion in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
10.1 EU Readmission Agreements are intended to play
an important role in tackling illegal immigration by establishing
a contractual framework, based on reciprocal obligations, for
the return and readmission of nationals of countries that are
parties to the agreements, as well as third country nationals
and stateless individuals who have transited the territory of
one of the parties. EU Readmission Agreements are negotiated
by the Commission on the basis of a negotiating mandate given
to it by the Council and are concluded pursuant to Article 79(3)
of the Treaty on the Functioning of the European Union (TFEU),
which provides for the Union to "conclude agreements with
third countries for the readmission to their countries of origin
or provenance of third country nationals who do not or who no
longer fulfil the conditions for entry, presence or residence
in the territory of one of the Member States."
10.2 The EU has so far signed or concluded around
16 readmission agreements with third (non-EU) countries.[26]
These agreements are subject to the UK's Title V (justice and
home affairs) opt-in and, as the process for reaching agreement
is divided into three stages — approval of the negotiating
mandate, signature of the draft agreement, and conclusion of the
agreement — the UK has three opportunities to opt in. The
most important stage is the draft Decision to conclude the agreement
as this is the point at which the EU and Member States are legally
bound by the agreement. The UK has opted into all but two of
the EU's readmission agreements (the exceptions are Cape Verde
and Armenia).
10.3 Azerbaijan is one of six non-EU countries participating
in the "Eastern Partnership" which seeks to establish
a framework for developing deeper political ties and economic
integration between the EU and Eastern partner countries. Mobility
is an important element of the Eastern Partnership, with opportunities
for mobility initially being developed through visa facilitation
and readmission agreements, but with a longer term perspective
of full visa liberalisation once the conditions for well-managed
and secure mobility are in place.[27]
In December 2011, the Council agreed a mandate to negotiate a
readmission agreement with Azerbaijan, and negotiations began
in March 2012.
The draft Council Decisions on the signature and
conclusion of an EU Readmission Agreement with Azerbaijan
10.4 Document (a) is a draft Council Decision to
sign an EU Readmission Agreement with Azerbaijan (it was initialled
by the parties on 29 July 2013) and document (b) is a draft Council
Decision to conclude the Agreement. The text of the Agreement
is attached to both draft Decisions. Once the Council has adopted
the draft Decision on signature, the Agreement is sent to the
European Parliament for approval. The draft Decision to conclude
the Agreement may only be adopted after the European Parliament
has given its consent.
10.5 The content of the Agreement is similar to recently
agreed EU Readmission Agreements with Turkey and Armenia.[28]
It would create reciprocal obligations for Azerbaijan and participating
EU Member States[29]
and applies to individuals who do not (or no longer) fulfil the
conditions for entry into, presence or residence in, Azerbaijan
or any EU Member State bound by the Agreement. The Agreement establishes
the readmission obligations for the participating countries (Sections
I and II) as well as the procedures for submitting a request for
readmission (Section III). So, for example, a requested State
is bound to readmit its own nationals (including their spouses
and unmarried minors), and to readmit third country nationals
and stateless persons for whom it has issued a valid visa or residence
permit or who have transited through its territory in order to
make an illegal entry into the territory of the State requesting
readmission.
10.6 The Agreement includes "transit principles"
which apply to third country nationals or stateless persons who
are in transit to their destination State (Section IV). It specifies
that Azerbaijan or a participating EU Member State may refuse
transit in the following circumstances:
· if there is a real risk that the person
in transit would face torture, inhuman or degrading treatment
or punishment, the death penalty, or persecution on grounds of
race, religion, nationality, membership of a particular social
group or political conviction in the State of destination or another
State of transit; or
· if the third country national or stateless
person would be subject to criminal sanctions in the requested
State or another State of transit; or
· on grounds of public health, national
security, public order or other national interests of the requested
State.
10.7 The Agreement sets out a number of data protection
principles which apply in addition to any relevant domestic legislation
and makes clear that the application of the Agreement as a whole
is without prejudice to obligations arising under international
law, including international refugee and human rights conventions
(Section VI). The Agreement establishes a Joint Readmission Committee
to monitor the application of its provisions and recommend any
changes. It also includes provision for optional bilateral Implementing
Protocols to establish more detailed rules on the practical implementation
of the Agreement (Section VII).
The Government's view
10.8 The Minister for Immigration (Mr Mark Harper)
notes that the deadline for determining whether or not to opt
into the EU Readmission Agreement with Azerbaijan is 31 January
2014. In reaching a decision, the Government will consider the
impact of the Agreement on immigration and the extent to which
it would support UK policy objectives. He notes that there is
little irregular migration from Azerbaijan to the UK and provides
the following statistics:
2011
Total enforced removals — 2
Total Refused entry at port and subsequently departed
— 4
Total voluntary departures — 13
Total asylum applications — 23
2012
Total enforced removals — 7
Total Refused entry at port and subsequently departed
—13
Total voluntary departures — 19
Total asylum applications — 23
2013 (Q1 and Q2)
Total enforced removals — 1
Total Refused entry at port and subsequently departed
— 1
Total voluntary departures — 7
Total asylum applications — 8
10.9 The Minister says that the UK has good existing
returns arrangements with Azerbaijan, including a Memorandum of
Understanding allowing the use of Baku as a transit route for
immigration returns to Afghanistan. He adds:
"Participation in the Agreement would be a means
of demonstrating solidarity with other Member States regarding
readmission of illegal migrants, but if the UK were not to participate,
this would not prevent other Member States from benefiting from
the Agreement."[30]
Conclusion
10.10 We note that the recitals to the draft Council
Decisions referring to the application of the Title V opt-in Protocol
are phrased differently for the UK and Ireland. We ask the Minister
to explain the reasons for the disparity in the wording used.
10.11 Turning to the substance and operational
utility of the proposed EU Readmission Agreement, we note that
the Government decided against opting into a similar agreement
with Azerbaijan's close neighbour, Armenia, on the grounds that
it offered "no clear benefits" for the UK, given the
low levels of irregular migration to the UK, and that good bilateral
returns arrangements were already in place. As similar factors
would appear to apply in the case of Azerbaijan, we look forward
to hearing whether the Government intends to opt in and the reasons
for its decision. Meanwhile, the draft Council Decisions remain
under scrutiny.
26 Hong Kong, Macao, Sri Lanka, Albania, Russia, Ukraine,
the former Yugoslav Republic of Macedonia, Bosnia and Herzegovina,
Montenegro, Serbia, Moldova, Pakistan, Georgia, Turkey, Cape Verde
and Armenia. Back
27
See (33181) 14864/11; HC 428-xxxix (2010-12); chapter 5 (26 October
2011). Back
28
See (34040) 11720/12 and (34041) 11743/12; HC 86-viii (2012-13),
chapter 2 (11 July 2012); (34450) 16909/12 and (34451) 16910/12;
HC 86-xxvi (2012-13), chapter 10 (9 January 2013). Back
29
The participation of Ireland and the UK is subject to their Title
V opt-in. Denmark does not participate in EU Readmission Agreements,
but may seek to conclude a bilateral readmission agreement on
similar terms. Back
30
See paragraph 17 of the Minister's Explanatory Memorandum. Back
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