5EU/Belarus Readmission Agreement
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Committee’s assessment |
Politically important |
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Not cleared from scrutiny; further information requested; drawn to the attention of the Home Affairs Committee |
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Document details |
(a) Proposal for a Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation (b) Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Republic of Belarus 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) TFEU, QMV, EP consent |
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Department |
Home Office |
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Document Numbers |
(a) (40801), 11846/19, COM(19) 404 (b) (40802), 11848/19 + ADD 1, COM(19) 401 |
Summary and Committee’s conclusions
5.1The proposed Council Decisions are the culmination of eight years of negotiation between the European Union and Belarus to simplify procedures for issuing short-stay visas in return for binding commitments to take back (readmit) individuals whose entry or stay is not authorised. The aim is to facilitate mobility between Belarus and the EU whilst also ensuring that practical arrangements and procedures are in place to return individuals whose presence is not (or is no longer) lawful. The proposed Decisions would authorise the EU to sign and conclude a readmission agreement with Belarus. The agreement would take effect at the same time as a separate visa facilitation agreement with Belarus. The UK is not entitled to participate in the EU/Belarus visa facilitation agreement as it builds on parts of the Schengen rule book dealing with visas and border control which do not apply to the UK. By contrast, the UK is entitled to participate in the EU/Belarus readmission agreement as it forms part of measures to prevent illegal immigration.
5.2In her Explanatory Memorandum of 7 October 2019, the Parliamentary Under-Secretary of State at the Home Office (Seema Kennedy MP) notes that the proposed Council Decisions are subject to the UK’s Title V (justice and home affairs) opt-in. The three-month deadline in which to decide whether to opt in will expire on 4 December 2019. As the Government’s policy is for the UK to leave the EU “whatever the circumstances on 31 October 2019”, it will reach a decision before the end of October. The Minister explains that all opt-in decisions are taken “on a case-by-case basis, putting the national interest at the heart of the decision-making process”. The factors informing the Government’s decision include:
- the implications of not opting in for the UK’s broader relationship with the EU and with Member States bilaterally;
- the ability to take “an identifiable UK position both within the EU and the UN to secure cooperation and support from other Member States on immigration and wider areas of justice and home affairs”;
- the result of the June 2016 referendum on the UK’s membership of the EU; and
- the impact on negotiations on the UK’s exit from the EU.
5.3The Minister notes that the UK did not opt into an earlier Council Decision establishing the mandate for the European Commission to negotiate the terms of the readmission agreement with Belarus. If the UK were to opt into the proposed Council Decisions authorising the EU to sign and conclude the readmission agreement with Belarus before leaving the EU, it would be bound by them during a post-exit transition period under the terms of the November 2018 EU/UK Withdrawal Agreement. If the UK were to leave the EU without an Article 50 Withdrawal Agreement, it would not be bound by the proposals (once adopted).
5.4Whilst still committed to “the duty of sincere cooperation” to ensure the proper functioning of the EU, the Minister says that the UK will only attend EU meetings from 1 September 2019 until exit day “if and when it is in our interests, with particular regard to meetings on UK exit, sovereignty, international relations, security or finance”, with decisions on attendance taken “on a case-by-case basis”. The EU Presidency is keen to secure the adoption of the proposed Council Decisions so that the EU/Belarus readmission agreement can be implemented “by early next year”.
Our Conclusions
5.5The Minister does not provide any assessment of the potential benefits or costs of participating in the proposed EU readmission agreement with Belarus. We ask her to explain:
- whether the UK has its own bilateral readmission agreement with Belarus;
- if it does, how successfully it operates;
- if it does not, how great a priority the Government attaches to securing such an agreement with Belarus; and
- whether a bilateral agreement would broadly replicate the EU/Belarus readmission agreement or differ from it in any material respects.
5.6We note that the proposed Council Decisions and the readmission agreement itself would bind the UK if it were to opt in before exit day and then leave the EU on the basis of an Article 50 withdrawal agreement which includes a post-exit transition period. We ask the Minister what assessment she has made of the risk that the UK would be bound only by the obligations created by the EU readmission agreement, not the rights, meaning that the UK might be required to re-admit individuals returned by Belarus but would be unable to require Belarus to re-admit individuals returned by the UK.
5.7We also ask the Minister to explain whether the proposed Council Decisions and the readmission agreement itself would bind the UK as a matter of domestic law under the EU (Withdrawal) Act 2018 if the Government were to opt in before exit day and then leave the EU without an Article 50 withdrawal agreement.
5.8The Minister does not tell us whether the proposed Council Decisions meet the Government’s criteria for attendance at EU meetings where they are being discussed. We ask her to do so and to indicate whether the UK supports the Presidency’s goal of securing adoption and implementation by early 2020.
5.9Pending further information, the proposed Council Decisions remain under scrutiny. We draw this chapter to the attention of the Home Affairs Committee.
Full details of the documents
(a) Proposal for a Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation: (40801), 11846/19, COM(19) 404; (b) Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation: (40802), 11848/19 + ADD 1, COM(19) 401.
Previous Committee Reports
None.
Published: 22 October 2019