WRITTEN QUESTION P-2770/99 by Alima Boumediene-Thiery (Verts/ALE) to the Council. Readmission clauses.
Date: 2000-01-10
Institutions: European Parliament, Provisional data
Subjects: European Parliament, negotiation of an agreement (EU), powers of the institutions (EU), refugee, right of asylum

C 280 E/126

Official Journal of the European Communities

EN

3.10.2000

The Commission aims to support projects in avenues related to the mandate of the programme (to improve
judicial cooperation and mutual knowledge of the legal systems),
including projects dealing with the
defendant(cid:146)s point of view, the victim(cid:146)s point of view as well as the state(cid:146)s view on judicial cooperation. As
outlined in the reports, approximately 70 % of all the projects are organised by non-governmental
authorities.

(1)

First Report of the Commission to the Parliament and the Council on the implementation of the Grotius, Sherlock,
Stop and Oisin programmes (1996-1997) (cid:129) SEC(98) 1048 and the second report (1998) (cid:129) SEC(1999) 1955.

(2000/C 280 E/135)

WRITTEN QUESTION P-2770/99

by Alima Boumediene-Thiery (Verts/ALE) to the Council

(10 January 2000)

Subject: Readmission clauses

At its meeting of 3 December the Justice and Home Affairs Council adopted by the procedure without
debate ((cid:145)A(cid:146) items) a decision on readmission clauses in Community agreements or joint agreements. Under
this decision, such clauses would in future be compulsorily included in all Community agreements and
agreements between the EC, its Member States and third countries.

Can the Council give details of the scope of this decision, which was taken without consultation of the
European Parliament?

Does the decision apply to agreements currently in force?

Does it concern all agreements of a commercial nature, including those with countries offering insufficient
guarantees regarding respect for democracy and fundamental rights?

Are we to understand that all the countries with which the EC is negotiating or has already concluded
agreements are regarded as safe?

How are the standard readmission clause and the obligations of the EU and its Member States under the
1951 Geneva Convention on refugees to be reconciled, particularly as regards access to the asylum
procedure and the principle of not turning away asylum seekers?

Reply

(13 March 2000)

1.
The Council decision mentioned by the Honourable Member makes reference to the Council
conclusions of 4 March 1996, in which the Council agreed that the insertion of standard readmission
clauses in mixed agreements was to be considered on a case-by-case basis when adopting the directives for
the negotiation of such agreements. The Council decision adapts these conclusions to the new situation
arising from the entry into force of the Amsterdam Treaty. It was necessary to revise the standard clauses
agreed in 1996 to take account of the fact that the European Community is now empowered to conclude
readmission agreements with third countries. Under this decision, the revised standard clauses should in
future be included in Community agreements and in association agreements or cooperation agreements
between the European Community, its Member States and third countries. From the legal point of view,
these are negotiating directives adopted by the Council on the basis of Article 300(1) TEC, which does not
provide for consultation of the European Parliament.

These new directives are applicable as from adoption to current as well as future negotiations.

The clauses do not lay down any obligation to expel illegal migrants. They are only intended to
2.
commit
the contracting parties to readmit own nationals and to conclude readmission agreements
including obligations for the readmission of third-country nationals and stateless persons. As far as the
expulsion of illegal migrants is concerned, it is the responsibility of each Member State to ensure that
expulsions are carried out in accordance with its obligations arising from the Geneva Convention of
28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant
treaties.