Brussels, 15/10/2003 (Agence Europe) - Negotiation of readmission agreements for illegal immigrants, between the European Union and third countries, it progressing with some difficulty, except for countries with which the phenomenon of illegal immigration is very limited: Macao, with which an agreement was signed on Monday and Hong Kong, with which an agreement was signed a year ago and which could soon be ratified. Member States have regularly criticised the slow pace of negotiations. The European Commission will have to defend its competency in this area, as it had just done in launching the first stage in infringement proceedings against Germany for a readmission clause signed with China. The European Commission provides assurances that the European quota system offer a very useful "political lever" for convincing third countries to agree to the readmission of their nationals but also persons who have travelled through their territory (EUROPE 13 September p 7).
Infringement proceedings against Germany is in its initial stage, the sending of a letter of notification. Germany has two months to reply to this letter sent on 17 September, indicates Community sources (EUROPE 16 September p 9). The Commission could then decide to send a reasoned opinion if it is not satisfied by Germany's answers. Berlin negotiated then signed an "ADS agreement" with China in July 2002 which includes a readmission clause for persons who arrived in the normal category of a group of tourists but who then remained illegally. The European Commission is criticising the country for having negotiated such an agreement itself at a European level in the name of the Fifteen. The draft ADS agreement between the Community and China has just been finalised, in September. Other Member States bilaterally contracted the Chinese authorities but did not go as far as signing an agreement, Community sources indicate. Once negotiations on this specific agreement are finished, the Commission hopes to begin negotiations for an overall readmission agreement with China for which it obtained a mandate from the Council at the end of November last year.
The readmission agreement with Macao was signed on Monday in Luxembourg as a backdrop to the General Affairs and External Relations Council. It still has to be ratified. This agreement means that the special regional administration of Macao will have to readmit its national, permanent residents, those who have leave to remain and those who entered the EU via Macao. On the other hand, the obligation of readmission does not count for those whose transit covered Macao but which did not enter its territory, namely simple airport transit. EU Member States have to comply with these obligations too. The European Commission acknowledges that the number o people involved by this agreement is "close to zero" but that it is rather the "compensation" for the lifting of visas for Macao. The European Parliament is expected to give its opinion on this agreement before it can be ratified. In May 2001 the Council gave a mandate to the Commission to negotiate a readmission agreement with Macao on behalf of the Fifteen.
The readmission agreement with Hong Kong, the special status region that has been reunited with China, like Macao, signed a year ago (EUROPE 28 November 2002). It is expected to be ratified soon and enter into force once the final translation problems are resolved. This will therefore be the first readmission agreement between the European Community and a third country to enter into force. As for the case of Macao, this agreement will affect very few people.
The readmission agreement with Sri Lanka, this, on the other hand, will be much more important, stresses a Community source, given that the country is a source of illegal immigration and that it involves a sovereign state. This agreement will probably be signed in November.
Negotiations are being carried out with Russia, Morocco and the Ukraine. They could begin at the beginning of next year with Pakistan. There were contacts with Turkey. Negotiations have not begun with the two countries for which the Commission has a mandate to negotiate in the name of the EU, namely Albania and Algeria.