Besluit 2010/649 - Sluiting van de Overeenkomst met Pakistan betreffende de overname van illegaal verblijvende personen - Hoofdinhoud

Agreement with Pakistan on readmission

The Agreement concluded between the European Union (EU) and Pakistan aims at facilitating the return of illegal immigrants from that country but also nationals from other countries who have transited through Pakistan before arriving in the EU.

ACT

Council Decision 2010/649/EU of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation.

Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation.

SUMMARY

The Agreement concluded between the European Union (EU) and Pakistan lays down the principle of systematic return of Pakistani nationals residing without authorisation in a Member State and vice versa. It also organises, under certain conditions, the return of third country nationals and stateless persons.

Denmark and Ireland are not parties to the Agreement.

Readmission obligations

Pakistan and EU Member States mutually agree to readmit their nationals where they do not fulfil, or no longer fulfil the conditions in force for entry into, presence in, or residence on the territory of the other party.

The Agreement lists the documents that may be used as means of evidence of a person’s nationality. If none of the documents listed can be furnished, the competent authority of the Member State wishing to expel the person concerned and Pakistan’s diplomatic or consular representation will interview the person in order to establish their nationality.

Pakistan also undertakes to readmit third country nationals and stateless persons, on condition that such persons:

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  hold, at the time of submission of the application, a valid visa or residence authorisation issued by Pakistan; or
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  entered the territory of a Member State unlawfully coming directly from Pakistan.

This obligation does not apply in the following situations:

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  the person concerned has only been in airside transit via an international airport in Pakistan (remaining in the airport transit area);
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  the Member State has issued the person concerned with a visa or residence authorisation with a longer period of validity than the document obtained by the person in Pakistan.

The Agreement operates on the basis of total reciprocity and the same provisions apply to European nationals residing without authorisation in Pakistan, and to nationals of other countries who have transited via the EU before entering Pakistan unlawfully.

Readmission procedure

A readmission application must be submitted to Pakistan. This formality is not needed if the person is in possession of a valid passport and, where applicable, a valid visa or residence authorisation issued by Pakistan.

For stateless persons and third country nationals, the application must be submitted at the latest one year after the competent authority of the Member State wishing to expel the person has become aware of their unauthorised residence. This period may be extended where there are obstacles to the application being submitted in time.

A reply must be given within a maximum of 30 days. This period may be extended to 60 days, except if the maximum detention period authorised in the Requesting State is less than, or equal to, 60 days.

Reasons for refusal must be given. Where there is no reply within the given time limit, the application shall be deemed to have been agreed to.

The transfer of the person concerned must take place within three months following approval of the application. The Pakistani authorities and those of the Member State shall come to agreement on the transfer date, the border crossing point and possible escorts.

Pakistan also undertakes to authorise the transit of third country nationals or stateless persons if they cannot be returned directly to the State of destination, on the basis of written evidence that such State will take back that person.

All transport costs incurred up to the border crossing point in the State of final destination are to be paid by the Member State requesting readmission.

Implementation

A Joint Readmission Committee composed of representatives from Pakistan and the European Union has been tasked with implementation of the Agreement and with strengthening cooperation and exchange of information between the parties.

The Agreement only applies to persons entering the EU unlawfully after its entry into force.

Context

Readmission agreements form part of EU policy on combating illegal immigration. Several other readmission agreements have been concluded between the EU and Ukraine, Moldova, Georgia, Russia, Western Balkan countries, Sri Lanka, Hong Kong and Macao.

References

Last updated: 20.09.2011

Deze samenvatting is overgenomen van EUR-Lex.