Readmission clauses. Readmission agreements are not the only instruments to ensure an effective return policy. Readmission clauses are an integral part of many association and cooperation agreements concluded by the European Community or today the Union and often provide a framework for the negotiation of readmission agreements. In 1995 the Council adopted standard clauses of readmission to be considered to be included on a case-by-case basis in all mixed83 and Community agreements84. The parties to the agreement commit themselves to readmit their own nationals and provide a framework to conclude readmission agreements with the Member States, upon their request, to further implement readmission obligations and to agree on specific duties. In this era, readmission agreements were still to be concluded by the Members States since the Community only in 1999 gained competence to do so. Regardless of the incompetence of the Community in this area, the standard clauses could be included in global agreements such as association and cooperation agreements. From the Amsterdam Treaty onwards, these standard clauses changed in the sense that readmission agreements, as foreseen to negotiate in the standard clause, were now to be concluded by the European Community, without prohibiting the conclusion of bilateral readmission agreements with individual Member States with the purpose to handle specific readmission obligations. The standard readmission clauses are to be included in all Community agreements and in agreements between the Community, the Member states and third countries. The 1995 standard readmission clause was 83 Council Conclusions on clauses to be inserted in future mixed agreements of 22 January 1996, Council Doc. 4272/96. 84 Standard readmission clause of 8 December 1995, Council Doc. 12509/95. inserted in agreements with Armenia, Azerbaijan, Georgia and Uzbekistan. The 1999 clause is a part of the agreements with the ACP countries, Croatia, Egypt, Macedonia, Algeria, Lebanon and Chile.85 The current set of standard clauses86 read as follows:
Readmission clauses. Readmission Agreements are a relatively new phenomenon and build on standard readmission clauses which have featured for some years in Association and Co- operation Agreements. Since 1996, readmission clauses have been included in trade and cooperation agreements with Algeria, the Andean Community, Armenia, Azerbaijan, Chile, the Community of Central American States, Croatia, Egypt, Georgia, Lebanon, FYROM, Syria and Uzbekistan, inter alia. These clauses do not constitute Readmission Agreements in themselves, but could establish a framework for negotiating such agreements in the future. The conclusions of the 2002 European Council in Seville urged that any future cooperation, association or equivalent agreement which the European Community concludes with any country should include a clause on joint management of migration flows and on compulsory readmission in the event of illegal immigration. Implementation of the Agreements Readmission Agreements establish unambiguous and reciprocal obligations and for example lay out: - technical provisions governing the readmission procedure and transit operations, including readmission applications, means of evidence, time limits, means of transit, etc; - rules on costs, data protection, and the protection of other international rights and obligations. Readmission Agreements stipulate the obligation to readmit nationals of the country with which the EU has signed the agreement. Also, these agreements contain the commitment to readmit stateless persons or persons of another jurisdiction who entered the EU illegally from the country in question, or vice versa. These might include, for example illegal immigrants in the EU who were also illegal in the country from which they entered, or who had temporary residence permits in that country that have subsequently expired. Consequences for the European Union Many Member States have established bilateral readmission agreements with third countries. However, EC Readmission Agreements will, as part of comprehensive European policy on immigration, improve the effectiveness of return procedures for example through: - Establishment of common standards relating to all phases of return - Mutual recognition of definitions and decisions - Establishment of a Technical Support Facility to improve operational co- operation - Building of stronger networks of immigration liaison officers in third countries - Co-ordination of statistical information - Training of staff with responsibilities ...
