EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

In accordance with Article 25a(2) of the Visa Code, the Commission should regularly assess third countries' cooperation on readmission and report to the Council at least once a year.

Based on the aforementioned assessment, and taking into account the steps taken by the Commission to improve the level of cooperation of the third country concerned in the field of readmission and the Union’s overall relations with the third country concerned, the Commission may conclude that the given third country does not cooperate sufficiently and that action is therefore necessary. If this is so, the Commission, in accordance with Article 25a(5), point (a), of the Visa Code, shall submit a proposal for a Council implementing decision suspending the application of certain provisions of the Visa Code in respect of nationals of that third country. At all times, the Commission shall continue its efforts to improve cooperation with the third country concerned.

• The case of Senegal

Cooperation with Senegal on the readmission of its nationals found illegally staying on the territory of the EU remains insufficient as substantiated by the return rate (the number of return decisions enforced in comparison with the number of return decisions issued), one of the lowest worldwide, which has dropped to 3,2% in 2020 from 7,3% in 2019 with numbers of those ordered to leave still high (8 485 persons in 2020). While the return rate in 2021 was 8%, Member States have reported to the Commission that cooperation on identification and issuance of travel documents has considerably worsened, with a constant decrease in the issuance rate (the number of travel documents issued by third countries in comparison to the number of readmission requests submitted by Member States).

The cooperation between Member States and Senegal, if any, is uneven. The majority of Member States face persistent challenges in establishing a meaningful dialogue with Senegal on readmission.

In the framework of continuous assessments carried out by the Commission based on reliable data provided by Member States, discussions in the relevant Council Working Groups and experts groups meetings, as well as by Union institutions, bodies, offices and agencies, Member States reported on several hurdles that are hampering every step of the readmission and return process, from identification of Senegalese nationals to the issuance of travel documents, and the organisation of return operations. No or very slow responses of the Senegalese authorities to Member States’ requests for identification and additional ad hoc requests make the identification process very cumbersome and rarely resulting in the issuance of travel documents. The issuance of travel documents to persons whose Senegalese nationality has been confirmed is also problematic. In 2022 no return via charter flight took place and, compared to other third countries with a similar caseload, a very low number of returns took place between January and mid- September 2022.

Since 2015, the EU’s attempts to formalise cooperation at EU level have not been successful, despite several high-level political and technical contacts. The EU clearly conveyed to Senegal, at political and technical level, including during the joint Commissioners’ mission led by the President of the Commission to Senegal in February 2022 and the Commission services’ technical mission in June 2022, the need to improve cooperation in readmitting own nationals who have no right to stay in the EU. This has not produced however until now the expected progress.

On the basis of the above, the lack of improvement despite steps taken so far by the Commission at political (joint Commissioners’ mission led by the President of the Commission to Senegal in February 2022) and technical level (the Commission services’ technical mission in June 2022) to improve readmission cooperation, and the EU’s overall relations with Senegal, it is considered that Senegal’s cooperation with the EU on readmission matters is not sufficient and that action is needed.

• The Union’s overall relations with Senegal

Senegal is a key partner in Western Africa, being a stable democracy in a volatile region and playing a pivotal role both in terms of security and migration. There has been an openness to develop cooperation with EU support to fight against migrant smuggling and to address the significant numbers of departures from Senegal to the Canary Islands (as of September 2022, Senegalese nationals are the second largest nationality migrating irregularly to the Canary Islands). Senegal currently ensures the Chairmanship of the African Union.

The Multiannual Indicative Programme for Senegal for 2021-2023 amounts to EUR 222 million.

A Sustainable Fisheries Partnership Agreement with the EU was signed in 2019.

As a member of Economic Community of West African States - ECOWAS, Senegal is a party to the EPA (Economic Partnership Agreement) with the EU. It is a Party to the Cotonou Agreement, which, like the new agreement which the EU has negotiated with the Cotonou countries and is destined to replace it soon, states the commitment of each state to accept the return and readmission of any of its nationals who have no right to stay on the territory of a Member State.