21.2.2012   

EN

Official Journal of the European Union

CE 50/62

Tuesday 21 September 2010
Agreement between the EC and Pakistan on readmission ***

P7_TA(2010)0323

European Parliament legislative resolution of 21 September 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (05942/2010 – C7-0264/2009 – 2009/0036(NLE))

2012/C 50 E/11

(Consent)

The European Parliament,

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having regard to the draft agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (08793/2009),

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having regard to the proposal for a Council decision (COM(2009)0106),

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having regard to Article 63, first paragraph, point 3, point (b) and Article 300(2), first subparagraph, first sentence and Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0264/2009),

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having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

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having regard to the draft Council decision (05942/2010),

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having regard to Article 79(3) and Article 218(6), second subparagraph, point (a), point (v) of the Treaty on the Functioning of the European Union,

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having regard to Rules 81 and 90(8) of its Rules of Procedure,

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having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7-0231/2010),

1.

Consents to conclusion of the agreement;

2.

Takes note of the Commission declaration annexed to this resolution;

3.

Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Islamic Republic of Pakistan.

Tuesday 21 September 2010
ANNEX

COMMISSION DECLARATION

The Commission recalls that EU law requires Member States to ensure that third country nationals present on the territory of the Member States may apply for international protection if they so wish and that in particular the Treaty, the Asylum Qualification and the Return Directive make it clear that Member States must respect the principle of non-refoulement in accordance with their international obligations.

The Commission also recalls that EU Member States are in particular obliged to ensure, in all cases, that no return is effected in violation of Article 3 of the European Human Rights Convention and Article 19 of the EU Charter of Fundamental Rights, which oblige States to ensure that a person should not be returned if he or she would be likely to suffer serious harm on his or her return to a country of origin or transit.

Pakistan has given refuge to at times more than 3 million refugees from the conflict in Afghanistan, and in so doing has contributed more than many other UN members to the reception of refugees. While the Commission recognizes Pakistan’s achievements in this sphere, it is ready to continue to call on Pakistan to ratify the Geneva Convention on Refugees (UN Convention relating to the Status of Refugees of 1951 and its Protocol of 1967).

The Commission is committed to regularly inform the European Parliament about all the concluded EU readmission agreements. In particular, the Commission:

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will report every 6 months to the EP about the implementation of the EU readmission agreements, with particular reference to the ongoing work of the Joint Readmission Committees,

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will establish contacts with relevant international organizations active in Pakistan in order to gather to the extent possible the available information about the situation of persons readmitted to Pakistan (both Pakistani and where applicable third country nationals) under the EU agreement.