EUROPEAN COMMISSION

Brussels, 18.12.2015

COM(2015) 666 final

2015/0305(NLE)

Proposal for a

COUNCIL DECISION

determining the EU position for a Recommendation of the Joint Readmission Committee set up under the Readmission Agreement between the European Community and the Russian Federation, with regard to readmission applications requiring the arrangement of interviews

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Agreement between the European Union and Russia on readmission entered into force on 1 June 2007. According to Article 19(1)(b) of the Agreement, the Joint Readmission Committee has the task "to decide on arrangements necessary for the uniform execution of [the] Agreement". According to Article 6(3) of the Committee's Rules of Procedure adopted by its Decision No 1/2007 of 25 July 2007, the Committee may adopt recommendations.

A first recommendation with regard to readmission applications requiring the arrangement of interviews was adopted by the Joint Readmission Committee on 2 June 2009. It appeared that this recommendation should be further clarified by a second one to provide guidelines when time limits for the arrangement of interviews could not be respected, in order to reschedule those interviews.

2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The project of the recommendation annexed to this proposal for a Council Decision was discussed and agreed with the Russian side during the 12th, 13th and 14th meetings of the Committee and was prepared in close cooperation with the Member States who were also present during the discussions of the Committee on the issue. For lack of a scheduled meeting of the Working Party on Integration, Migration and Expulsion, the Commission consulted on 20 October 2014 the Justice and Home Affairs Counsellors on this draft recommendation, which did not render any comments.

3. FINANCIAL AND BUDGET IMPACT

This proposal has no impact on the EU budget.

2015/0305 (NLE)

Proposal for a

COUNCIL DECISION

determining the EU position for a Recommendation of the Joint Readmission Committee set up under the Readmission Agreement between the European Community and the Russian Federation, with regard to readmission applications requiring the arrangement of interviews

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 79 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement of 25 May 2006 1 between the European Community and the Russian Federation on readmission (hereinafter referred to as the “Readmission Agreement”) entered into force on 1 June 2007.

(2)Article 19 of the Readmission Agreement sets up a Joint Readmission Committee to be responsible for the tasks specified therein.

(3)Article 19(1)(b) of the Readmission Agreement lays down that the Joint Readmission Committee is to decide on arrangements necessary for the uniform execution of the Agreement.

(4)The interview is one of the elements of the readmission procedure provided for in the Agreement and according to Article 9 (4) should be arranged when none of the documents listed in Annexes 2 and 3 to the Agreement can be attached by the requesting party to the readmission application,

(5)A first recommendation with regard to readmission applications requiring the arrangement of interviews was adopted by the Joint Readmission Committee on 2 June 2009. It appeared that this recommendation should be further clarified by a second one to provide guidelines when time limits for the arrangement of interviews could not be respected, in order to reschedule those interviews.

(6)It is therefore appropriate to determine the Union position in relation to the recommendation with regard to readmission applications requiring the arrangement of interviews to be adopted by the Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. The position to be taken by the European Union within the Joint Readmission Committee set up by Article 19 of the Agreement between the European Community and the Russian Federation on readmission, regarding the adoption of the recommendation with regard to readmission applications requiring the arrangement of interviews shall be based on the draft Joint Readmission Committee recommendation attached to this Decision.

2. Minor technical corrections to the draft Joint Readmission Committee recommendation may be agreed by the representatives of the Union in the Joint Committee without further decision of the Council.

Done at Brussels,

(1) OJ L 129 of 17 May 2007, p. 40.

EUROPEAN COMMISSION

Brussels, 18.12.2015

COM(2015) 666 final

ANNEX

to the

Proposal for a Council Decision

on determining the Community position for a Recommendation of the Joint Readmission Committee set up under the Readmission Agreement between the European Community and the Russian Federation, with regard to readmission applications requiring the arrangement of interviews

RECOMMENDATION № 2 OF THE JOINT READMISSION COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION ON READMISSION OF 25 MAY 2006

with regard to readmission applications requiring the arrangement of interviews

of " "

THE COMMITTEE,

Referring to the Agreement between the Russian Federation and the European Union on readmission of 25 May 2006 (hereinafter "the Agreement") and in particular Article 19(1) thereof and Article 6 (3) of the Rules of Procedure of the Joint Readmission Committee of 25 July 2007,

Whereas the interview is one of the elements of the readmission procedure provided for in the Agreement and according to Article 9 (4) should be arranged when none of the documents listed in Annexes 2 and 3 to the Agreement can be attached by the requesting party to the readmission application,

Whereas the Recommendation № 1 of the Joint Readmission Committee with regard to readmission application requiring the arrangement of interviews was adopted on 2 June 2009 by the Committee (hereinafter “Recommendation no 1”),

Whereas according to Article 20(1)(f) of the Agreement the specific arrangements concerning time limits for the handling readmission applications may be covered by bilateral Implementing Protocols.

RECOMMENDS THE FOLLOWING:

1.In accordance with Paragraph 2 of Recommendation no 1, if interview arrangement time limit is not determined in respective implementing protocols between the Russian Federation and the EU Member States, it should not exceed 10 calendar days from the date of receipt of the readmission application as referred to in Paragraph 1 of Recommendation no 1.

2.In case the interview was not arranged within the time limits as referred to in paragraph 1 of this Recommendation or in case of non-delivering of the person for the interview, the requesting State and the requested State undertake the necessary contact and arrangements in order to organize the interview without delay.

3.In case if during the time limit determined for the interview arrangement the requesting State notifies the requested State about postponing of the person's delivery for the interview, the time limit referred to in paragraph 1 of this Recommendation or, where applicable, the time limit foreseen in the respective implementing protocol should be extended to the date mentioned in the notification.

4.Interview arrangement time limit taking into account the circumstances mentioned in paragraph 3 of this Recommendation should not exceed 60 calendar days from the date of receipt of the readmission application unless particular circumstances of the case justify arrangement of the interview after that time.

For the Russian Federation    For the European Union