Common use of LEGISLATIVE ACTS AND OTHER INSTRUMENTS Clause in Contracts

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: AGREEMENT between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation COMMON GUIDELINES Consultation deadline for Croatia: 1.2.2013 14759/12 DG D1 FC/en,vm EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION THE HIGH CONTRACTING PARTIES, THE EUROPEAN UNION, hereinafter referred to as "the Union", and THE REPUBLIC OF CAPE VERDE, hereinafter referred to as "Cape Verde", DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively, HAVING REGARD to the obligation to initiate the negotiations for a readmission agreement at the request of either Party, set out in Article 13(5)(c)(ii) of the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, hereinafter referred to as "the Cotonou Agreement", DESIRING to facilitate the obligation for Parties to readmit their own nationals as confirmed by Article 13(5)(c)(i) of the Cotonou Agreement, HAVING REGARD to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the European Union and Cape Verde, in accordance with which the Parties will take steps to develop a dialogue on the readmission of persons without authorisation with a view to ensuring effective cooperation for their return, DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territory of Cape Verde or of one of the Member States of the Union, and to facilitate the transit of such persons in a spirit of cooperation, EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, of its Member States and of Cape Verde arising from international law and, in particular, from the Convention of 28 July 1951 on the Status of Refugees, CONSIDERING that in accordance with the Protocol (No 21) on the position of the United Kingdom and of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland will not take part in this Agreement unless they notify their wish to that effect in accordance with that Protocol, CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, do not apply to the Kingdom of Denmark, in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the Republic of Cabo Verde amending the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union 5035/21 JAI.1 LA/NC/sr EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CABO VERDE AMENDING THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION THE EUROPEAN UNION, hereinafter referred to as "the Union", of the one part, and THE REPUBLIC OF CABO VERDE, hereinafter referred to as "Cabo Verde", of the other part, hereinafter jointly referred to as "the Parties", RECALLING the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 20001, as revised on 25 June 2005 and on 22 June 2010, as well as the Special Partnership between the Union and Cabo Verde, approved by the Council of the European Union on 20 November 2007, HAVING REGARD to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the Union and Cape Verde, in accordance with which the Parties are to take steps to develop a dialogue on matters relating to short-stay visas with a view to facilitating the mobility of certain categories of people, 1 OJ EU L 317, 15.12.2000, p. 3. HAVING REGARD to the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union1, hereinafter referred to as "the Agreement", which entered into force on 1 December 2014, HAVING REGARD to the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation COMMON GUIDELINES Consultation deadline authorisation2, which entered into force on 1 December 2014, BEARING IN MIND that, pursuant to Cabo Verdean legislation, since 2 January 2019 Union citizens are exempt from the requirement to have a visa when travelling to Cabo Verde for Croatia: 1.2.2013 14759/12 DG D1 FC/en,vm EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION THE HIGH CONTRACTING PARTIESa period not exceeding 30 days, THE EUROPEAN UNIONRECOGNISING that if Cabo Verde reintroduces visa requirements for citizens or certain categories of Union citizens for intended stays of no more than 30 days, hereinafter referred to as "at least the Union", and THE REPUBLIC OF CAPE VERDE, hereinafter referred to as "Cape Verde", DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively, HAVING REGARD same facilitations granted under this Agreement to the obligation to initiate the negotiations for a readmission agreement at the request citizens of either Party, set out in Article 13(5)(c)(ii) of the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, hereinafter referred to as "the Cotonou Agreement", DESIRING to facilitate the obligation for Parties to readmit their own nationals as confirmed by Article 13(5)(c)(i) of the Cotonou Agreement, HAVING REGARD Cabo Verde should automatically apply to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the European Union and Cape Verdecitizens concerned, in accordance with which the Parties will take steps to develop a dialogue on the readmission of persons without authorisation with a view to ensuring effective cooperation for their return, DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid TAKING INTO ACCOUNT the entry into force of Regulation (EU) 2019/1155 of the European Parliament and effective procedures for of the identification Council3, 1 OJ EU L 282, 24.10.2013, p. 3. 2 OJ EU L 282, 24.10.2013, p. 15. 3 Regulation (EU) 2019/1155 of the European Parliament and safe of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (OJ EU L 188, 12.7.2019, p. 25). WISHING to promote contacts between their peoples as an important factor in ensuring the constant development of economic, humanitarian, cultural, scientific and orderly return other ties, by facilitating the issuing of persons who do notvisas to their citizens, or no longer, fulfil the conditions for entry to, presence in, or residence on the territory basis of Cape Verde or of one of the Member States of the Unionreciprocity, and to facilitate the transit of such persons in a spirit of cooperation, EMPHASISING RECOGNISING that this Agreement shall be without prejudice should not encourage illegal migration and paying special attention to the rightssecurity and readmission, obligations and responsibilities of the Union, of its Member States and of Cape Verde arising from international law and, in particular, from the Convention of 28 July 1951 on the Status of Refugees, CONSIDERING that in accordance with TAKING INTO ACCOUNT the Protocol (No 21) on the position of the United Kingdom and of Ireland in respect of the area of freedom, security and justice, justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland will not take part in this Agreement unless they notify their wish to that effect in accordance with that Protocol, CONSIDERING confirming that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, Agreement do not apply to the Kingdom of DenmarkIreland, in accordance with TAKING INTO ACCOUNT the Protocol (No 22) on the position of Denmark, Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the Kingdom of Denmark, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the Republic of Cabo Verde amending the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union 5035/21 JAI.1 LA/NC/sr EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CABO VERDE AMENDING THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION EU/CV/en 1 EU/CV/en 2 THE EUROPEAN UNION, hereinafter referred to as "the Union", of the one part, and THE REPUBLIC OF CABO VERDE, hereinafter referred to as "Cabo Verde", of the other part, hereinafter jointly referred to as "the Parties", RECALLING the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 20001, as revised on 25 June 2005 and on 22 June 2010, as well as the Special Partnership between the Union and Cabo Verde, approved by the Council of the European Union on 20 November 2007, HAVING REGARD to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the Union and Cape Verde, in accordance with which the Parties are to take steps to develop a dialogue on matters relating to short-stay visas with a view to facilitating the mobility of certain categories of people, 1 OJ EU L 317, 15.12.2000, p. 3. EU/CV/en 3 HAVING REGARD to the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union1, hereinafter referred to as "the Agreement", which entered into force on 1 December 2014, HAVING REGARD to the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation COMMON GUIDELINES Consultation deadline authorisation2, which entered into force on 1 December 2014, BEARING IN MIND that, pursuant to Cabo Verdean legislation, since 2 January 2019 Union citizens are exempt from the requirement to have a visa when travelling to Cabo Verde for Croatia: 1.2.2013 14759/12 DG D1 FC/en,vm EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION THE HIGH CONTRACTING PARTIESa period not exceeding 30 days, THE EUROPEAN UNIONRECOGNISING that if Cabo Verde reintroduces visa requirements for citizens or certain categories of Union citizens for intended stays of no more than 30 days, hereinafter referred to as "at least the Union", and THE REPUBLIC OF CAPE VERDE, hereinafter referred to as "Cape Verde", DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively, HAVING REGARD same facilitations granted under this Agreement to the obligation to initiate the negotiations for a readmission agreement at the request citizens of either Party, set out in Article 13(5)(c)(ii) of the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, hereinafter referred to as "the Cotonou Agreement", DESIRING to facilitate the obligation for Parties to readmit their own nationals as confirmed by Article 13(5)(c)(i) of the Cotonou Agreement, HAVING REGARD Cabo Verde should automatically apply to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the European Union and Cape Verdecitizens concerned, in accordance with which the Parties will take steps to develop a dialogue on the readmission of persons without authorisation with a view to ensuring effective cooperation for their return, DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid TAKING INTO ACCOUNT the entry into force of Regulation (EU) 2019/1155 of the European Parliament and effective procedures for of the identification Council3, 1 OJ EU L 282, 24.10.2013, p. 3. 2 OJ EU L 282, 24.10.2013, p. 15. 3 Regulation (EU) 2019/1155 of the European Parliament and safe of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (OJ EU L 188, 12.7.2019, p. 25). EU/CV/en 4 WISHING to promote contacts between their peoples as an important factor in ensuring the constant development of economic, humanitarian, cultural, scientific and orderly return other ties, by facilitating the issuing of persons who do notvisas to their citizens, or no longer, fulfil the conditions for entry to, presence in, or residence on the territory basis of Cape Verde or of one of the Member States of the Unionreciprocity, and to facilitate the transit of such persons in a spirit of cooperation, EMPHASISING RECOGNISING that this Agreement shall be without prejudice should not encourage illegal migration and paying special attention to the rightssecurity and readmission, obligations and responsibilities of the Union, of its Member States and of Cape Verde arising from international law and, in particular, from the Convention of 28 July 1951 on the Status of Refugees, CONSIDERING that in accordance with TAKING INTO ACCOUNT the Protocol (No 21) on the position of the United Kingdom and of Ireland in respect of the area of freedom, security and justice, justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland will not take part in this Agreement unless they notify their wish to that effect in accordance with that Protocol, CONSIDERING confirming that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, Agreement do not apply to the Kingdom of DenmarkIreland, in accordance with TAKING INTO ACCOUNT the Protocol (No 22) on the position of Denmark, Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the Kingdom of Denmark, HAVE AGREED AS FOLLOWS:: EU/CV/en 5

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: AGREEMENT Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Cape Verde Guyana on forest law enforcement, governance and trade in timber products to the readmission of persons residing without authorisation COMMON GUIDELINES Consultation deadline for Croatia: 1.2.2013 14759/12 DG D1 FCEuropean Union ST 9271/22 LIFE.3 DA/en,vm NT/di EN VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE CO-OPERATIVE REPUBLIC OF CAPE VERDE GUYANA ON FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE IN TIMBER PRODUCTS TO THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION THE HIGH CONTRACTING PARTIES, EUROPEAN UNION THE EUROPEAN UNION, hereinafter referred to as the "the Union", and THE CO-OPERATIVE REPUBLIC OF CAPE VERDEGUYANA, hereinafter referred to as "Cape VerdeGuyana", DETERMINED hereinafter jointly referred to strengthen their cooperation as "the Parties", CONSIDERING the close working relationship between the Union and Guyana, particularly in order to combat illegal immigration more effectively, HAVING REGARD to the obligation to initiate the negotiations for a readmission agreement at the request of either Party, set out in Article 13(5)(c)(ii) context of the Partnership Agreement between the Members members of the African, Caribbean and Pacific Group of States, States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and 20001, revised in Luxembourg on 25 June 2005, 2005 and in Ouagadougou on 22 June 2010 (hereinafter referred to as "the Cotonou Agreement"), DESIRING CONSIDERING the Joint Caribbean-EU Partnership Strategy developed on the basis of the decision of the May 2010 EU-Caribbean Forum of the African, Caribbean and Pacific Group of States (CARIFORUM) Summit held in Madrid and elaborated jointly by the Union and the CARIFORUM States, CONSIDERING the regional agreement on access to facilitate information, public participation and justice in environmental matters in Latin America and the obligation Caribbean adopted in Escazú, Costa Rica, on 4 March 2018, 1 OJ EC L 317, 15.12.2000, p. 3. CONSIDERING the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part1, CONSIDERING the communication from the Commission to the Council of the European Union and the European Parliament entitled "Forest Law Enforcement, Governance and Trade (FLEGT) – Proposal for an EU Action Plan" of 21 May 2003 as a first step towards addressing urgent issues of illegal logging and associated trade, REAFFIRMING the commitment of the Parties to readmit their own nationals as confirmed by Article 13(5)(c)(i) the Charter of the Cotonou AgreementUnited Nations, signed in San Francisco on 26 June 1945, and having regard to the principles articulated in the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948, and the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly of the United Nations on 13 September 2007, REAFFIRMING the commitment of the Parties to the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 16 December 1996, the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the General Assembly of the United Nations on 21 December 1965, and the International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly of the United Nations on 16 December 1966, 1 OJ EU L 289, 30.10.2008, p. 3. REAFFIRMING the importance of the principles and commitments set out in the Declaration of the 2030 Agenda for Sustainable Development set out in the document entitled "Transforming our world: the 2030 Agenda for Sustainable Development" adopted by General Assembly of the United Nations on 25 September 2015 (hereinafter referred to as the "Agenda 2030"), in particular the commitment to achieve sustainable development in its three dimensions – economic, social and environmental – in a balanced and integrated manner, RECALLING in this respect the Sustainable Development Goals set out in the Agenda 2030 and its targets, in particular target 15.2, namely, by 2020, to promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally, AWARE of the importance of the principles of sustainable forest management set out in the Rio Declaration on Environment and Development, adopted by the General Assembly of the United Nations on 14 June 1992, and, in particular, of Principle 10 concerning the importance of public awareness, involvement and participation in environmental issues, of Principle 20 concerning the role of women in environmental management and development, and of Principle 22 concerning the vital role of indigenous peoples and their communities and other local communities in environmental management and development, RECOGNISING the role of forests as a key climate mitigation and adaptation solution and recalling in this context the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015, in particular Article 5 thereof, which calls for reducing emissions from deforestation and forest degradation, enhancing conservation and sustainable management, HAVING REGARD to the Joint Declaration Convention on International Trade in Endangered Species of 5 June 2008 Wild Fauna and Flora, signed at Washington, D.C., on 3 March 1973 (hereinafter referred to as "CITES"), and in particular the requirement that CITES export permits issued by the parties to CITES for specimens of species listed in Appendices I, II and III to CITES be granted only under certain conditions, in particular that such specimens were not obtained in breach of the relevant laws for the protection of fauna and flora, REAFFIRMING the importance attached by the Parties to the principles and rules that govern multilateral trade, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade 1994 ("GATT 1994") contained in Annex 1A of the Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994 and in other multilateral agreements listed in that Annex and the need to apply them in a Mobility Partnership between transparent and non-discriminatory manner, HAVING REGARD to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Union Community, RECOGNISING the commitment of Guyana to continue promoting good governance, sustainable forest management, law enforcement and Cape Verdetrade in legal timber, RECOGNISING that the implementation of a forest law enforcement, governance and trade (FLEGT) voluntary partnership agreement will further reinforce sustainable forest management and contribute to combating climate change through reduced emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries (REDD+), ACKNOWLEDGING that the Guyana Timber Legality Assurance System, adopted by the Guyana Forestry Commission of 26 September 2018, is designed to ensure the legality of all timber products covered by this Agreement irrespective of the destination, ACKNOWLEDGING the importance of involving in the implementation of this Agreement all relevant stakeholders, through their own representative institutions, from both within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests, RECOGNISING the commitment of Guyana to set up, in accordance with which the Parties will take steps its Constitution, national legislation and international instruments, effective mechanisms to develop a dialogue on the readmission of persons without authorisation with a view allow all relevant stakeholders to ensuring effective cooperation for their return, DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territory of Cape Verde or of one of the Member States of the Union, and to facilitate the transit of such persons in a spirit of cooperation, EMPHASISING that this Agreement shall be without prejudice contribute to the rights, obligations and responsibilities of the Union, of its Member States and of Cape Verde arising from international law and, in particular, from the Convention of 28 July 1951 on the Status of Refugees, CONSIDERING that in accordance with the Protocol (No 21) on the position of the United Kingdom and of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland will not take part in this Agreement unless they notify their wish to that effect in accordance with that Protocol, CONSIDERING that the provisions implementation of this Agreement, which falls RECOGNISING that the publication of non-confidential information is essential in facilitating the full and effective participation of all relevant stakeholders within and outside the scope forestry sector, regardless of Title V gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, and that the provision of Part Three information is therefore central to the implementation of this Agreement, RESOLVED to minimise any adverse effects on relevant stakeholders within and outside the forestry sector that may arise as a consequence of the Treaty on the Functioning implementation of the European Union, do not apply to the Kingdom of Denmark, in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Unionthis Agreement, HAVE AGREED AS FOLLOWS: