RECOMMENDATION on the draft Council decision on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

EXPLANATORY STATEMENT

MINORITY OPINION

OPINION of the Committee on Foreign Affairs (7.10.2010)

RESULT OF FINAL VOTE IN COMMITTEE

1.12.2010 - (15507/2010 – C7‑0392/2010 – 2010/0108(NLE)) - ***

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Nathalie Griesbeck

Procedure : 2010/0108(NLE)

Document stages in plenary

Document selected :

A7-0346/2010

Texts tabled :

A7-0346/2010

Debates :

PV 13/12/2010 - 16
CRE 13/12/2010 - 16

Votes :

PV 14/12/2010 - 9.21
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2010)0472

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
MINORITY OPINION
OPINION of the Committee on Foreign Affairs
RESULT OF FINAL VOTE IN COMMITTEE

on the draft Council decision on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

(15507/2010 – C7‑0392/2010 – 2010/0108(NLE))

(Consent)

The European Parliament,

– having regard to the draft Council decision (15507/2010),

– having regard to the draft agreement between the European Union and Georgia on the readmission of persons residing without authorisation (14654/2010),

– having regard to the request for consent submitted by the Council in accordance with Article 79(3) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0392/2010),

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

– having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7‑0346/2010),

1. Consents to the conclusion of the agreement;

2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Georgia.

The enlargement of the European Union to 25 Member States in 2004 and then to 27 in 2007 was an opportunity for the Union to create a new framework for cooperation with its neighbours to the east and the south; the European Union thus engaged in an enlarged neighbourhood policy extending as far as the countries of the South Caucasus region and aimed at deepening its relations with the countries located at the EU's external borders, promoting their security, stability and development and preventing new divisions on the European continent.

Europe thus signalled its growing interest in the States of the South Caucasus and it must today pursue its engagement with the countries of this region, as an area to be protected near its new frontiers. The South Caucasus has strategic importance for the European Union, which can assist this region in its economic and commercial development. But above all, the EU's action must be marked by encouragement, based on principles of good governance and absolute respect for human rights and democracy. The European Union must therefore play a more active role in the South Caucasus region, as stated in resolution 2009/2216(INI) adopted by the European Parliament in May 2010, and should draw up a strategy to consolidate stability and prosperity, and to facilitate conflict settlement, in this region.

The process of deepening the relations between the EU and the countries of the South Caucasus, including Georgia, will undoubtedly also contribute to improving the exercise of justice and the respect for freedoms. The two agreements recently concluded with Georgia, one on the readmission of persons residing without authorisation and the other on the facilitation of the issuance of visas, will contribute fully to achieving these objectives.

* *

The rapporteur therefore approves the conclusion of these two interdependent and parallel agreements with Georgia, which will push out the frontiers of the area of liberty and security, extending it beyond the European Union and encompassing this neighbouring country.

The two agreements are, first of all, a very important stage, a step forward in the relations between the European Union and Georgia. There is a very clear desire for rapprochement between Georgia and the EU which has been expressed in recent years through a series of significant political acts, ranging from improved bilateral cooperation between the EU and Georgia to Georgia's accession to the Council of Europe and the European Convention on Human Rights. Conclusion of the agreements between the EU and Georgia is thus an encouraging step forward, given the European aspirations of Georgia, and will thus represent a strong signal on the part of the European Union. It will promote friendly relations, stability, security and the well-being of the citizens.

Furthermore, these agreements are also relevant from a regional point of view and will support EU efforts to enhance cooperation with other countries in the region. They also represent progress and an encouragement for Georgia to strengthen cooperation with its neighbours and with the European Union.

In addition, these agreements encourage Georgia to implement the reforms needed in the area of freedom, security and justice. The rapporteur believes that in the spirit of joint commitment, the EU and Georgia can effectively fight illegal immigration and contribute to the development of democracy, the rule of law, human rights and civil society by promoting easier contact and travel for people between the two contracting parties.

In particular, the agreement on the facilitation of the issuance of visas will facilitate people-to-people contacts, which are a very important condition for the development of economic, humanitarian, cultural, scientific and other ties. The elimination of the visa requirement for citizens of Georgia will mark an important stage on their path to European integration. A visa facilitation regime is of great significance in people's lives as it strengthens contacts between peoples and brings about the realisation of the idea of free movement, which is one of the fundamental rights in Europe.

As far as the implementation of these two agreements is concerned,

the rapporteur considers that information campaigns are essential in Georgia in order to inform people of the new situation and to allow them to take the advantage of the new possibilities. In addition, the changes in the visa policy should also appear as soon as possible on the European institutions' websites;

the rapporteur also recommends that the European Parliament's Committee on Civil Liberties, Justice and Home Affairs and the European Commission, which is responsible for monitoring the application of these agreements, should, after they have been enacted, identify any obstacles or asymmetrical barriers to their proper application and to the reciprocity of procedures, both at consular service level and at the borders to be crossed;

lastly, the rapporteur regrets the insufficient involvement and information of the European Parliament with regard to the opening and the conduct of the negotiations for such agreements. Directly representing the citizens of Europe, the Parliament has an essential role to play in strengthening the accountability of the EU's external action and the democratic control. The rapporteur expects the European Commission to provide Parliament with information on the outcome of implementing the agreements, in application of the principle of cooperation in good faith between the institutions.

* *

pursuant to Rule 52(3) of the Rules of Procedure by

Tatjana Ždanoka on behalf of the Greens/EFA

Rui Tavares on behalf of the GUE/NGL

The European Parliament must ensure that the EU-Georgia readmission agreement fully complies with European and international law concerning fundamental rights and asylum. This agreement should not be concluded before a proper evaluation of the existing readmission agreements.

We voted against the present agreement because:

- it aims at returning people to a country where, according to the UNHCR Global Appeal 2010–2011, around 212 000 persons have been internally displaced for more than 16 years, living in need of shelter and means to become self-sufficient, where sexual and gender-based violence is rife in all parts of society and police ill-treatment tolerated;

- it applies also to those former residents of Abkhazia and South Ossetia who do not have any de facto links to Georgia;

- it does not include strict safeguards concerning the violation of fundamental rights and guaranteeing high standards of reception, which are poor in Georgia;

- it contains numerous loopholes and ambiguities which might be clarified in the Joint Readmission Committee in which the EP has regrettably no say, which would be entirely legitimate regarding its new competences;

- it does not guarantee adequately the protection of personal data: data can be forwarded to "other bodies", without requiring the person's consent.

for the Committee on Civil Liberties, Justice and Home Affairs

on the draft Council decision on the conclusion of the Agreement between the European Union and Georgia on readmission of persons residing without authorisation
(15507/2010 - C7-0392/2010 - 2010/0108(NLE))

Rapporteur: Krzysztof Lisek

SHORT JUSTIFICATION

In its Communication on Strengthening the European Neighbourhood Policy (ENP)[1] of 4 December 2006, the Commission had recommended that negotiations on readmission and visa facilitation should be initiated with ENP countries.

The Prague Summit Joint Declaration of 7 May 2009 establishing the Eastern Partnership has underlined the importance of promoting the mobility of citizens in a secure environment, through visa facilitation and readmission agreements. It sets visa liberalisation as the long term objective that has to be accompanied by improvement in security conditions to fight cross border crime and irregular migration.

The proposed decision takes into account and reflects the existing framework for cooperation with Georgia, in particular Partnership and Cooperation Agreement operating as from 1 July 1999, as well as EU-Georgia European Neighbourhood Policy Action Plan (endorsed 14 November 2006), as well as the abovementioned Prague Declaration.

The formal authorisation for negotiation of the readmission agreement with Georgia was adopted on 27 November 2008 and the agreed text was initialled on 25 November 2009.

The proposed decision for the conclusion of the agreement contains a set of standard elements included in the readmission agreements concluded between the EU and third countries. The readmission obligations are drawn in a fully reciprocal way and comprise nationals, third country nationals and stateless persons, establishing also the prerequisites for the obligation to readmit the latter two. The agreement sets out the arrangements for the practical application of the agreement, including the establishment of a Joint Readmission Committee, the conditions for the accelerated procedure, clauses on costs, data protection and relation to other international obligations. The agreement applies to the territories of Georgia and the EU, with the exclusion of Ireland and Denmark, whereas the United Kingdom has expressed its wish to be a party to the agreement.

Georgia has ratified a number of relevant international conventions, including the 1951 Geneva Convention relating to the status on refugees and the 1967 Protocol. It is a member of the Council of Europe and of the Organisation for Security and Cooperation in Europe. Furthermore Georgia is a partner country within the framework of the Eastern Partnership, which is based on commitments to the principles of international law and to fundamental values, including the respect for human rights and fundamental freedoms and the negotiations for a new and enhanced EU-Georgia Association Agreement have been launched on 15 July 2010. Moreover, an EU-Georgia Human Rights Dialogue has been established and the third round was held on 9 July 2010 in a friendly, open and constructive atmosphere.

Considering the above elements, the Rapporteur of the opinion thus believes that sufficiently sound framework is in place in Georgia to ensure that the rights of those persons treated under the agreement will be respected. The readmission agreement should be concluded in a timely manner and enter into force simultaneously with the agreement on visa facilitation, since the two agreements are linked.

*******

The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to propose that Parliament give its consent.

RESULT OF FINAL VOTE IN COMMITTEE

[1] COM(2006)0726.

Date adopted

Result of final vote

+:

–:

0:

Members present for the final vote

Gabriele Albertini, Frieda Brepoels, Andrzej Grzyb, Heidi Hautala, Ioannis Kasoulides, Tunne Kelam, Nicole Kiil-Nielsen, Andrey Kovatchev, Wolfgang Kreissl-Dörfler, Vytautas Landsbergis, Krzysztof Lisek, Mario Mauro, Francisco José Millán Mon, María Muñiz De Urquiza, Norica Nicolai, Raimon Obiols, Kristiina Ojuland, Pier Antonio Panzeri, Ioan Mircea Paşcu, Alojz Peterle, Libor Rouček, José Ignacio Salafranca Sánchez-Neyra, Adrian Severin, Ernst Strasser, Boris Zala

Substitute(s) present for the final vote

Nikolaos Chountis, Evgeni Kirilov, Marietje Schaake, Helmut Scholz, Dominique Vlasto

Substitute(s) under Rule 187(2) present for the final vote

Marie-Christine Vergiat

Legal notice - Privacy policy