2005/809/EC: Council Decision of 7 November 2005 concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorization
Date: 2005-11-07
Institutions: Council of the European Union
Subjects: Albania, agreement (EU), illegal migration, joint committee (EU), removal, residence permit, return migration

L 304/14

EN

Official Journal of the European Union

23.11.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 7 November 2005

concerning the conclusion of the Agreement between the European Community and the Republic
of Albania on the readmission of persons residing without authorization

(2005/809/EC)

THE COUNCIL OF THE EUROPEAN UNION,

provide for simplified procedures for the establishment of
the Community position in such cases.

establishing the European
Having regard to the Treaty
Community, and in particular point 3(b) of Article 63
thereof,
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 has negotiated on behalf of
the
European Community an Agreement with the Republic
residing
of Albania on the readmission of persons
without authorisation.

The Agreement was signed, on behalf of the European
Community, on 14 April 2005, subject to its possible
conclusion at a later date, in accordance with Decision
2005/371/EC (2).

(3)

The Agreement should be approved.

(4)

Joint Readmission
The Agreement
Committee which may take decisions having legal effect
on certain technical matters. It is therefore appropriate to

establishes

a

(1) Not yet published in the Official Journal.
(2) OJ L 124, 17.5.2005, p. 21.

(5)

(6)

(7)

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 Treaty
establishing the European Community, and without
Ireland is
prejudice to Article 4 of the said Protocol,
not taking part in the adoption of this Decision and is
not bound by nor subject to its application.

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,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
Republic of Albania on the readmission of persons residing
without authorisation and the declarations annexed thereto
are hereby approved on behalf of the Community (3).

(3) See OJ L 124, 17.5.2005, p. 22 for the text of the Agreement.

23.11.2005

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Official Journal of the European Union

L 304/15

Article 2

The President of the Council shall give the notification provided
for in Article 22(2) of the Agreement (1).

For all other decisions of the Joint Readmission Committee, 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 Joint Readmission Committee
established by Article 18 of the Agreement.

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

Article 4

Done at Brussels, 7 November 2005.

The position of the Community within the Joint Readmission
Committee with regard to the adoption of its rules of procedure
as required under Article 18(5) of the Agreement shall be taken
by the Commission after consultation with a special committee
designated by the Council.

For the Council
The President

J. STRAW

(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.