2004/80/EC: Council Decision of 17 December 2003 concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation
Date: 2003-12-17
Institutions: Council of the European Union
Subjects: Hong Kong, admission of aliens, agreement (EU), residence permit

24.1.2004

EN

Official Journal of the European Union

L 17/23

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 2003

concerning the conclusion of the Agreement between the European Community and the Govern-
ment of the Hong Kong Special Administrative Region of the People's Republic of China on the
readmission of persons residing without authorisation

THE COUNCIL OF THE EUROPEAN UNION,

(6)

(2004/80/EC)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 63(3)(b), in conjunction with
the second sentence of the first subparagraph of Article 300(2)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Commission has negotiated on behalf of the Euro-
pean Community an Agreement with the Government
of the Hong Kong Special Administrative Region of the
People's Republic of China on the readmission of
persons residing without authorisation.

This Agreement has been signed, on behalf of the Euro-
pean Community, on 27 November 2002 subject to its
possible conclusion at a later date, in accordance with
the Council Decision of 23 September 2002.

This Agreement should be approved.

This Agreement established a Joint Committee which
may take decisions having legal effect, and it is thus
necessary to specify who represents the Community
within this Committee and to provide for a procedure
laying down how a Community position is adopted.

In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland, annexed to the
Treaty on the European Union and to the Treaty estab-
lishing the European Community, these Member States
have notified their wish to take part in the adoption and
application of this Decision.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the Euro-
pean Community, Denmark does not take part in the
adoption of this Decision and is therefore not bound by
it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
Government of the Hong Kong Special Administrative Region
of
the People's Republic of China on the readmission of
persons residing without authorisation is hereby approved on
behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall give the notification provided
for in Article 20(2) of the Agreement (*).

Article 3

The Commission, assisted by experts from Member States, shall
represent
the European Community in the Committee of
experts established by Article 17 of the Agreement.

Article 4

The position of
the European Community within the
Committee of experts with regard to the adoption of its rules
of procedure as required under Article 17(5) of the Agreement
shall be taken by the Commission after consultation with a
special committee designated by the Council.

(1) Opinion delivered on 19 September 2002 (not yet published in the

Official Journal).

(*) The date of entry into force of the Agreement will be published in
the Official Journal of the European Union by the General Secretariat
of the Council.

L 17/24

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Official Journal of the European Union

24.1.2004

For all other Committee of experts' decisions, the position of the European Community shall be adopted
by the Council, acting by qualified majority, on a proposal by the Commission.

This Decision shall be published in the Official Journal of the European Union.

Article 5

Article 6

This Decision is addressed to the Member States in accordance with the Treaty establishing the European
Community.

Done at Brussels, 17 December 2003.

For the Council

The President

G. ALEMANNO