2004/424/EC: Council Decision of 21 April 2004 concerning the conclusion of the Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation
Date: 2004-04-21
Institutions: Council of the European Union
Subjects: Macao, agreement (EU), illegal migration, residence permit, right of asylum

30.4.2004

EN

Official Journal of the European Union

L 143/97

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 21 April 2004

concerning the conclusion of the Agreement between the European Community and the Macao
Special Administrative Region of the People's Republic of China on the readmission of persons
residing without authorisation

(2004/424/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

The Commission, acting on behalf of
the European
Community, has negotiated an Agreement with the
the People's
Macao Special Administrative Region of
Republic of China on the readmission of persons
residing without authorisation.

This Agreement was signed, on behalf of the European
Community, on 13 October 2003 subject to its possible
conclusion at a later date.

(3)

This Agreement should be approved.

(4)

The Agreement establishes a Readmission Committee
which may take decisions having legal effect. 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.

(5)

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland, annexed to

the Treaty on European Union and to the Treaty
the United
establishing the European Community,
Kingdom has notified its 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
the United Kingdom and Ireland,
annexed to the Treaty on European Union and to the
and
Treaty establishing the European Community,
the said Protocol,
without prejudice to Article 4 of
this
Ireland is not
Decision and is not bound by it or subject
to its
application.

in the adoption of

taking part

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
European Community, Denmark does not take part in
the adoption of this Decision and is not bound by it or
subject to its application,

(6)

(7)

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
Macao Special Administrative Region of the People's Republic
of China on the readmission of persons residing without
authorisation and the Declarations annexed thereto is hereby
approved on behalf of the Community.

(1) Opinion delivered on 26 February 2004 (not yet published in the

Official Journal).

The text of the Agreement is attached to this Decision.

L 143/98

EN

Official Journal of the European Union

30.4.2004

Article 2

The President of
the Council
provided for in Article 20(2) of the Agreement (1).

shall give the notification

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

Article 3

Article 5

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

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

Article 4

Done at Luxembourg, 21 April 2004.

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

its

For the Council

The President

J. WALSH

(1) 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.