Decision 2016/630 - EU position within the Joint Readmission Committee set up under the Agreement with Russia on readmission, concerning a recommendation with regard to readmission applications requiring the arrangement of interviews - Main contents

EN

Official Journal of the European Union

L 110/1

The Agreement between the European Community and the Russian Federation on readmission (1) of 25 May 2006 (hereinafter referred to as ‘the Readmission Agreement’) entered into force on 1 June 2007.

Article 19 of the Readmission Agreement sets up a Joint Readmission Committee with responsibility for the tasks specified therein.

Point (b) of Article 19(1) of the Readmission Agreement provides that the Joint Readmission Committee is to decide on arrangements necessary for the uniform execution of the Readmission Agreement.

The interview is one of the elements of the readmission procedure provided for in the Readmission Agreement. In accordance with Article 9(4) of the Readmission Agreement, the interview is to be arranged when none of the documents listed in Annexes 2 and 3 to the Readmission Agreement can be attached by the requesting party to the readmission application.

A first recommendation with regard to readmission applications requiring the arrangement of interviews was adopted by the Joint Readmission Committee on 2 June 2009. That recommendation should be further clarified by a second one to provide guidelines for situations in which time limits for the arrangement of interviews cannot be respected, in order to reschedule those interviews.

It is therefore appropriate to determine the position to be taken on behalf of the Union in the Joint Readmission Committee concerning the recommendation with regard to readmission applications requiring the arrangement of interviews.

The United Kingdom is bound by the Readmission Agreement and is therefore taking part in the adoption of this Decision.

Ireland is bound by the Readmission Agreement and is therefore taking part in the adoption of this Decision.

Denmark is not bound by the Readmission Agreement nor subject to its application and is therefore not taking part in the adoption of this Decision,

The interview is one of the elements of the readmission procedure provided for in the Readmission Agreement and, in accordance with Article 9(4), should be arranged when none of the documents listed in Annexes 2 and 3 to the Readmission Agreement can be attached by the requesting party to the readmission application.

Recommendation No 1 of the Joint Readmission Committee with regard to readmission applications requiring the arrangement of interviews was adopted on 2 June 2009 by the Committee (hereinafter referred to as ‘Recommendation No 1’).

In accordance with point (f) of Article 20(1) of the Readmission Agreement, specific arrangements concerning time limits for the handling of readmission applications may be covered by bilateral implementing protocols,

In accordance with paragraph 2 of Recommendation No 1, if time limits for the arrangement of interviews are not determined in the respective implementing protocols between the Russian Federation and the Member States of the European Union, the interview should take place within 10 calendar days from the date of receipt of the readmission application referred to in paragraph 1 of Recommendation No 1.

In the event that the interview has not been arranged within the time limits referred to in paragraph 1 of this recommendation, or in the event of non-delivery of the person for the interview, the requesting state and the requested state should undertake the necessary contact and arrangements in order to organise the interview without delay.

If during the time limit determined for the arrangement of the interview, the requesting state notifies the requested state about postponing the delivery of the person for the interview, the time limit referred to in paragraph 1 of this recommendation or, where applicable, the time limit provided for in the respective implementing protocol should be extended to the date mentioned in the notification.

Time limits for the arrangement of interviews, taking into account the circumstances mentioned in paragraph 3 of this recommendation, should not exceed 60 calendar days from the date of receipt of the readmission application unless the particular circumstances of the case justify the arrangement of the interview after that time.