title: 2011/118/EU: Council Decision of 18 January 2011 on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation#Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

text:
               25.2.2011

               EN

               Official Journal of the European Union

               L 52/45

         COUNCIL DECISION
   of 18 January 2011
   on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation
   (2011/118/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(6)(a)(v), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2010/687/EU (1), the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (hereinafter ‘the Agreement’) was signed, on behalf of the European Union, on 17 June 2010, subject to its conclusion at a later date.

               (2)

               The Agreement should be approved.

               (3)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Union position in this case.

               (4)

               In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of the Union, to the notification provided for in Article 23(2) of the Agreement, in order to express the consent of the Union to be bound by the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Union in the Joint Readmission Committee established by Article 18 of the Agreement.
   Article 4
   The position of the Union within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required pursuant to Article 18(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 January 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 294, 12.11.2010, p. 9.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and Georgia on the readmission of persons residing without authorisation
      THE HIGH CONTRACTING PARTIES,
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      and
      GEORGIA,
      DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,
      DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry into, presence in, or residence on, the territories of Georgia or of one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,
      EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, its Member States and Georgia arising from international law and, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967,
      CONSIDERING that in accordance with Protocol No 21 on the position of the United Kingdom of Great Britain and Northern Ireland and of Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland will not take part in this Agreement unless it notify its wish to that effect in accordance with that Protocol,
      CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of the Kingdom of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,
      HAVE AGREED AS FOLLOWS:
      Article 1
      Definitions
      For the purpose of this Agreement:

                  (a)

                  ‘Contracting Parties’ shall mean Georgia and the Union;

                  (b)

                  ‘National of Georgia’ shall mean any person who holds the citizenship of Georgia;

                  (c)

                  ‘National of a Member State’ shall mean any person who holds the nationality, as defined for Union purposes, of a Member State;

                  (d)

                  ‘Member State’ shall mean any Member State of the European Union bound by this Agreement;

                  (e)

                  ‘Third-country national’ shall mean any person who holds a nationality other than that of Georgia or one of the Member States;

                  (f)

                  ‘Stateless person’ shall mean any person who does not hold a nationality of any State;

                  (g)

                  ‘Residence permit’ shall mean a permit of any type issued by Georgia or one of the Member States entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence permit;

                  (h)

                  ‘Visa’ shall mean an authorisation issued or a decision taken by Georgia or one of the Member States which is required with a view to entry into, or transit through, its territory. This shall not include airport transit visas;

                  (i)

                  ‘Requesting State’ shall mean the State (Georgia or one of the Member States) submitting a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement;

                  (j)

                  ‘Requested State’ shall mean the State (Georgia or one of the Member States) to which a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement is addressed;

                  (k)

                  ‘Competent Authority’ shall mean any national authority of Georgia or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 19(1)(a) thereof;

                  (l)

                  ‘Transit’ shall mean the passage of a third-country national or a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination;

                  (m)

                  ‘Border region’ shall mean an area which extends up to 5 kilometres from the territories of seaports including custom zones, and international airports of the Member States and Georgia.

            SECTION I

         READMISSION OBLIGATIONS BY GEORGIA

      Article 2
      Readmission of own nationals
      1.   Georgia shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of Georgia.
      2.   Georgia shall also readmit:

                  (a)

                  minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State; and

                  (b)

                  spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of Georgia, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State.

            3.   Georgia shall also readmit persons who have been deprived of, or who have forfeited or renounced, the nationality of Georgia since entering the territory of a Member State, unless such persons have at least been promised naturalisation by that Member State.
      4.   After Georgia has given a positive reply to the readmission application, the competent diplomatic mission or consular office of Georgia shall, irrespective of the will of the person to be readmitted, immediately and no later than within 3 working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 90 days. If Georgia has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (1).
      5.   If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent diplomatic mission or consular office of Georgia shall, within 3 working days, extend the validity of the travel document or, where necessary, issue a new travel document with a period of validity of the same duration. If Georgia has not, within 3 working days, issued the new travel document or extended its validity, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (2).
      Article 3
      Readmission of third-country nationals and stateless persons
      1.   Georgia shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

                  (a)

                  hold, at the time of submission of the readmission application, a valid visa or residence permit issued by Georgia; or

                  (b)

                  illegally and directly entered the territory of a Member State after having stayed on, or transited through, the territory of Georgia.

            2.   The readmission obligation in paragraph 1 shall not apply if:

                  (a)

                  the third-country national or stateless person has only been in airside transit via an international airport of Georgia; or

                  (b)

                  the Requesting Member State has issued to the third-country national or stateless person a visa or residence permit before or after entering its territory unless:

                              (i)

                              that person is in possession of a visa or residence permit, issued by Georgia, which has a longer period of validity;

                              (ii)

                              the visa or residence permit issued by the Requesting Member State has been obtained by using forged or falsified documents, or by making false statements; or

                              (iii)

                              that person fails to observe any condition attached to the visa;

                  (c)

                  the Requested State has expelled the third-country national or stateless person to his/her state of origin or to a third State.

            3.   After Georgia has given a positive reply to the readmission application, it shall immediately and no later than within 3 working days, issue a travel document for expulsion purposes to the person whose readmission has been accepted. If Georgia has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes.
      SECTION II

         READMISSION OBLIGATIONS BY THE UNION

      Article 4
      Readmission of own nationals
      1.   A Member State shall readmit, upon application by Georgia and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of Georgia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.
      2.   A Member State shall also readmit:

                  (a)

                  minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Georgia; and

                  (b)

                  spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in Georgia.

            3.   A Member State shall also readmit persons who have been deprived of, or who have renounced, the nationality of a Member State since entering the territory of Georgia, unless such persons have at least been promised naturalisation by Georgia.
      4.   After the Requested Member State has given a positive reply to the readmission application, the competent diplomatic mission or consular office of that Member State shall, irrespective of the will of the person to be readmitted, immediately and no later than within 3 working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 90 days. If the Requested Member State has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
      5.   If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent diplomatic mission or consular office of the Requested Member State shall, within 3 working days, extend the validity of the travel document or, where necessary, issue a new travel document with a period of validity of the same duration. If the Requested Member State has not within 3 working days issued the new travel document or extended its validity, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
      Article 5
      Readmission of third-country nationals and stateless persons
      1.   A Member State shall readmit, upon application by Georgia and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of Georgia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

                  (a)

                  hold, at the time of submission of the readmission application, a valid visa or residence permit issued by the Requested Member State; or

                  (b)

                  illegally and directly entered the territory of Georgia after having stayed on, or transited through, the territory of the Requested Member State.

            2.   The readmission obligation in paragraph 1 shall not apply if:

                  (a)

                  the third-country national or stateless person has only been in airside transit via an international airport of the Requested Member State; or

                  (b)

                  Georgia has issued to the third-country national or stateless person a visa or residence permit before or after entering its territory unless:

                              (i)

                              that person is in possession of a visa or residence permit, issued by the Requested Member State, which has a longer period of validity;

                              (ii)

                              the visa or residence permit issued by Georgia has been obtained by using forged or falsified documents, or by making false statements; or

                              (iii)

                              that person fails to observe any condition attached to the visa;

                  (c)

                  the Requested Member State has expelled the third-country national or stateless person to his/her state of origin or to a Third State.

            3.   The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
      4.   After the Requested Member State has given a positive reply to the readmission application, it shall immediately and no later than within 3 working days, issue a travel document for expulsion purposes to the person whose readmission has been accepted. If the Member State has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
      SECTION III

         READMISSION PROCEDURE

      Article 6
      Principles
      1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the Requested State.
      2.   If the person to be readmitted is in possession of a valid travel document or identity card, the transfer of such person can take place without the Requesting State having to submit a readmission application or written communication, as referred to in Article 11(1), to the competent authority of the Requested State.
      3.   Without prejudice to paragraph 2, if a person has been apprehended in the border region (including airports) of the Requesting State after illegally crossing the border coming directly from the territory of the Requested State, the Requesting State may submit a readmission application within 2 days following that person’s apprehension (accelerated procedure).
      Article 7
      Readmission application
      1.   To the extent possible, the readmission application is to contain the following information:

                  (a)

                  the particulars of the person to be readmitted (e.g. given names, surnames, date of birth, and – where possible – place of birth, and the last place of residence) and, where applicable, the particulars of minor unmarried children and/or spouses;

                  (b)

                  in case of own nationals, an indication of the means with which proof or prima facie evidence of nationality will be provided;

                  (c)

                  in case of third-country nationals and stateless persons, an indication of the means with which proof or prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons and unlawful entry and residence will be provided;

                  (d)

                  a photograph of the person to be readmitted;

                  (e)

                  fingerprints.

            2.   To the extent possible, the readmission application shall also contain the following information:

                  (a)

                  a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

                  (b)

                  any other protection, security measure or information concerning the health of the person, which may be necessary in the individual transfer case.

            3.   A common form to be used for readmission applications is attached as Annex 5 to this Agreement.
      4.   A readmission application may be submitted by any means of communication, not excluding electronic means.
      Article 8
      Means of evidence regarding nationality
      1.   Proof of nationality pursuant to Articles 2(1) and 4(1) can be furnished in particular through the documents listed in Annex 1 to this Agreement, including documents the validity of which has expired by up to 6 months. If such documents are presented, the Member States and Georgia shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents.
      2.   Prima facie evidence of nationality pursuant to Articles 2(1) and 4(1) can be furnished in particular through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Georgia shall deem the nationality to be established, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents.
      3.   If none of the documents listed in Annex 1 or 2 can be presented, or if they are insufficient, the competent diplomatic and consular representations of the Requested State concerned shall, upon a request from the Requesting State which is included in the readmission application, make arrangements to interview the person to be readmitted without undue delay, at the latest within 4 working days from the date of receipt of the readmission application, in order to establish his or her nationality. The procedure for such interviews may be established in the implementing Protocols provided for in Article 19 of this Agreement.
      Article 9
      Means of evidence regarding third-country nationals and stateless persons
      1.   Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall be furnished in particular through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Georgia without any further investigation being required.
      2.   Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall be furnished in particular through the means of evidence listed in Annex 4 to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Georgia shall deem the conditions to be established, unless they can prove otherwise.
      3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
      Article 10
      Time limits
      1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of 6 months after the Requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not fulfil, or no longer fulfils, the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted on time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.
      2.   A readmission application must be replied to in writing:

                  (a)

                  within 2 working days if the application has been made under the accelerated procedure (Article 6(3)); or

                  (b)

                  within 12 calendar days in all other cases.

            This time limit begins to run from the date of receipt of the readmission request. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
      3.   Reasons for the refusal of a readmission request shall be given in writing.
      4.   After agreement has been given or, where appropriate, after expiry of the time limits laid down in paragraph 2, the person concerned shall be transferred within 3 months. On request of the Requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles.
      Article 11
      Transfer modalities and modes of transportation
      1.   Without prejudice to Article 6(2), before returning a person, the competent authorities of the Requesting State shall notify in writing at least 3 working days in advance the competent authorities of the Requested State regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer.
      2.   Transportation may take place by air or land. Return by air shall not be restricted to the use of the national carriers of Georgia or the Member States and may take place by using scheduled or, in case of nationals of the Requested State, charter flights. In the event of escorted returns, such escorts shall not be restricted to authorised persons of the Requesting State, provided that they are persons authorised by Georgia or any Member State.
      Article 12
      Readmission in error
      The Requesting State shall take back any person readmitted by the Requested State if it is established within a period of 6 months, and in case of third-country nationals or stateless persons 12 months, after the transfer of the person concerned, that the requirements laid down in Articles 2 to 5 of this Agreement are not met.
      In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.
      SECTION IV

         TRANSIT OPERATIONS

      Article 13
      Principles
      1.   The Member States and Georgia should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.
      2.   Georgia shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall allow the transit of third-country nationals or stateless persons if Georgia so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
      3.   Transit can be refused by Georgia or a Member State:

                  (a)

                  if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit;

                  (b)

                  if the third-country national or the stateless person shall be subject to criminal sanctions in the Requested State or in another State of transit; or

                  (c)

                  on grounds of public health, national security, public order or other national interests of the Requested State.

            4.   Georgia or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In this case, the Requesting State shall take back the third-country national or the stateless person, as necessary and without delay.
      Article 14
      Transit procedure
      1.   An application for transit operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information:

                  (a)

                  type of transit (by air or land), possible other States of transit and intended final destination;

                  (b)

                  the particulars of the person concerned (e.g. given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and – where possible – place of birth, nationality, language, type and number of travel document);

                  (c)

                  envisaged point of entry, time of transfer and possible use of escorts;

                  (d)

                  a declaration that in the view of the Requesting State the conditions pursuant to Article 13(2) are met, and that no reasons for a refusal pursuant to Article 13(3) are known of.

            A common form to be used for transit applications is attached as Annex 6 to this Agreement.
      2.   The Requested State shall, within 5 calendar days of receipt of the application and in writing, inform the Requesting State of the admission, confirming the point of entry and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
      3.   If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
      4.   The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
      5.   Transit of the persons shall be carried out within 30 days of receipt of consent to the request.
      SECTION V

         COSTS

      Article 15
      Transport and transit costs
      Without prejudice to the right of the competent authorities to recover the costs associated with readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State.
      SECTION VI

         DATA PROTECTION AND NON-AFFECTION CLAUSE

      Article 16
      Data Protection
      The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Georgia or a Member State as the case may be. The processing and treatment of personal data in a particular case shall be subject to the domestic laws of Georgia and, where the controller is a competent authority of a Member State, to the provisions of Directive 95/46/EC and of the national legislation of that Member State adopted pursuant to that Directive. Additionally the following principles shall apply:

                  (a)

                  personal data must be processed fairly and lawfully;

                  (b)

                  personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

                  (c)

                  personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

                              (i)

                              the particulars of the person to be transferred (e.g. given names, surnames, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality);

                              (ii)

                              passport, identity card or driving licence (number, period of validity, date of issue, issuing authority and place of issue);

                              (iii)

                              stop-overs and itineraries;

                              (iv)

                              other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;

                  (d)

                  personal data must be accurate and, where necessary, kept up-to-date;

                  (e)

                  personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

                  (f)

                  both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;

                  (g)

                  upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;

                  (h)

                  personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

                  (i)

                  the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.

            Article 17
      Non-affection clause
      1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, the Member States and Georgia arising from international law and, in particular, from:

                  (a)

                  the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967 on the Status of Refugees;

                  (b)

                  the international conventions determining the State responsible for examining applications for asylum lodged;

                  (c)

                  the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and its Protocols;

                  (d)

                  the UN Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;

                  (e)

                  international conventions on extradition and transit;

                  (f)

                  multilateral international conventions and agreements on the readmission of foreign nationals, such as the Convention on International Civil Aviation of 7 December 1944.

            2.   Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
      SECTION VII

         IMPLEMENTATION AND APPLICATION

      Article 18
      Joint readmission committee
      1.   The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a joint readmission committee (hereinafter referred to as ‘the committee’) which will, in particular, have the following tasks:

                  (a)

                  to monitor the application of this Agreement;

                  (b)

                  to decide on implementing arrangements necessary for the uniform application of this Agreement;

                  (c)

                  to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Georgia pursuant to Article 19 of this Agreement;

                  (d)

                  to recommend amendments to this Agreement and its Annexes.

            2.   The decisions of the committee shall be binding on the Contracting Parties.
      3.   The committee shall be composed of representatives of the Union and Georgia.
      4.   The committee shall meet where necessary at the request of one of the Contracting Parties.
      5.   The committee shall establish its rules of procedures.
      Article 19
      Implementing Protocols
      1.   On request of a Member State or Georgia, Georgia and a Member State shall draw up an implementing Protocol which shall, inter alia, cover rules on:

                  (a)

                  designation of the competent authorities, border crossing points and exchange of contact points;

                  (b)

                  conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;

                  (c)

                  means and documents additional to those listed in the Annexes 1 to 4 to this Agreement;

                  (d)

                  the modalities for readmission under the accelerated procedure; and

                  (e)

                  the procedure for interviews.

            2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the committee has been notified.
      3.   Georgia agrees to apply any provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
      Article 20
      Relation to bilateral readmission agreements or arrangements of Member States
      The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been, or may – pursuant to Article 19 – be, concluded between individual Member States and Georgia, in so far as the provisions of the latter are incompatible with those of this Agreement.
      SECTION VIII

         FINAL PROVISIONS

      Article 21
      Territorial application
      1.   Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and to the territory of Georgia.
      2.   This Agreement shall apply to the territory of Ireland only pursuant to a notification by the European Union to Georgia to that effect. This Agreement shall not apply to the territory of the Kingdom of Denmark.
      Article 22
      Amendments to the Agreement
      This Agreement may be amended and supplemented by mutual consent of the Contracting Parties. Amendments and supplements shall be drawn up in the form of separate protocols, which shall form an integral part of this Agreement, and enter into force in accordance with the procedure laid down in Article 23 of this Agreement.
      Article 23
      Entry into force, duration and termination
      1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
      2.   This Agreement shall enter into force on the first day of the second month following the date on which the last Contracting Party has notified the other that the procedures referred to in the first paragraph have been completed.
      3.   This Agreement shall apply to Ireland on the first day of the second month following the date of the notification referred to in Article 21(2).
      4.   This Agreement is concluded for an unlimited period.
      5.   Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply 6 months after the date of such notification.
      Article 24
      Annexes
      Annexes 1 to 6 shall form an integral part of this Agreement.

         Done at Brussels on 22 November 2010 in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Georgian languages, each of these texts being equally authentic.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Грузия
            Por Georgia
            Za Gruzii
            For Georgien
            Für Georgien
            Gruusia nimel
            Για τη Γεωργία
            For Georgia
            Pour la Géorgie
            Per la Georgia
            Gruzijas vārdā –
            Gruzijos vardu
            Grúzia részéről
            Għall-Georġja
            Voor Georgië
            W imieniu Gruzji
            Pela Geórgia
            Pentru Georgia
            Za Gruzínsko
            Za Gruzijo
            Georgian puolesta
            För Georgien

         (1)  In line with the form set out in EU Council recommendation of 30 November 1994.

         (2)  Ibid.

         ANNEX 1

            COMMON LIST OF DOCUMENTS, THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF CITIZENSHIP

            (ARTICLES 2(1), 4(1) AND 8(1))

                     —

                     passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports),

                     —

                     identity cards (including temporary and provisional ones),

                     —

                     citizenship certificates and other official documents that mention or clearly indicate citizenship.

         ANNEX 2

            COMMON LIST OF DOCUMENTS, THE PRESENTATION OF WHICH IS CONSIDERED AS PRIMA FACIE EVIDENCE OF NATIONALITY

            (ARTICLES 2(1), 4(1) AND 8(2))

         Where the Requested State is either one of the Member States or Georgia:

                     —

                     documents listed in Annex 1, the validity of which has expired by more than 6 months,

                     —

                     photocopies of any of the documents listed in Annex 1 to this Agreement,

                     —

                     driving licenses or photocopies thereof,

                     —

                     birth certificates or photocopies thereof,

                     —

                     company identity cards or photocopies thereof,

                     —

                     statements by witnesses,

                     —

                     statements made by the person concerned and language spoken by him or her, including by means of an official test result,

                     —

                     any other document which may help to establish the nationality of the person concerned,

                     —

                     service books and military identity cards,

                     —

                     seaman’s registration books and skippers’ service cards,

                     —

                        laissez-passer issued by the Requested State.

               Where the Requested State is Georgia:

                     —

                     confirmation of identity as a result of a search carried out in the Visa Information System (1),

                     —

                     in the case of Member States not using the Visa Information System, positive identification established from visa application records of those Member States.

            (1)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of date between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

         ANNEX 3

            COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

            (ARTICLES 3(1), 5(1) AND 9(1))

                     —

                     visa and/or residence permit issued by the Requested State,

                     —

                     entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic).

         ANNEX 4

            COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

            (ARTICLES 3(1), 5(1) AND 9(2))

                     —

                     description issued by the relevant authorities of the Requesting State, of place and circumstances under which the person concerned has been intercepted after entering the territory of that State,

                     —

                     information related to the identity and/or stay of a person which has been provided by an international organisation (e.g. UNHCR),

                     —

                     reports/confirmation of information by family members, travelling companions, etc.,

                     —

                     statement by the person concerned,

                     —

                     information showing that the person concerned has used the services of a courier or travel agency,

                     —

                     official statements made, in particular, by border authority staff and other witnesses who can testify the fact of the border crossing for the person concerned,

                     —

                     official statement by the person concerned in judicial or administrative proceedings,

                     —

                     documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts, etc.) which clearly show that the person concerned stayed on the territory of the Requested State,

                     —

                     named tickets and/or passenger lists of air, train, coach or boat passages which show the presence and the itinerary of the person concerned on the territory of the Requested State.

         ANNEX 5

         ANNEX 6

         JOINT DECLARATION CONCERNING ARTICLES 3(1) AND 5(1)
         The Parties agree that a person is ‘entering directly’ from the territory of Georgia within the meaning of these provisions if such person arrived on the territory of a Member State without having entered a third country in between, or, where the Requested State is one of the Member States, arrived on the territory of Georgia without having entered a third country in between. Airside transit stays in a third country shall not be considered as entry.

         JOINT DECLARATION CONCERNING THE KINGDOM OF DENMARK
         The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Georgia and the Kingdom of Denmark conclude a readmission agreement on the same terms as this Agreement.

         JOINT DECLARATION CONCERNING THE REPUBLIC OF ICELAND AND THE KINGDOM OF NORWAY
         The Contracting Parties take note of the close relationship between the European Union and the Republic of Iceland and the Kingdom of Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Georgia conclude a readmission agreement with the Republic of Iceland and the Kingdom of Norway on the same terms as this Agreement.

         JOINT DECLARATION CONCERNING THE SWISS CONFEDERATION
         The Contracting Parties take note of the close relationship between the European Union and the Swiss Confederation, particularly by virtue of the Agreement concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which entered into force on 1 March 2008. In such circumstances it is appropriate that Georgia conclude a readmission agreement with the Swiss Confederation on the same terms as this Agreement.


title: 2012/508/EU: Council Decision of 24 February 2011 on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports#Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports

text:
               21.9.2012

               EN

               Official Journal of the European Union

               L 255/3

         COUNCIL DECISION
   of 24 February 2011
   on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports
   (2012/508/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a) in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an Agreement with the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports.

               (2)

               That Agreement was signed, on behalf of the European Union, on 8 November 2010 subject to its conclusion at a later date, in accordance with Council Decision 2010/622/EU (1).

               (3)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 9(1) of the Agreement (4).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 February 2011.

            For the Council

            The President

         PINTÉR S.

      (1)  OJ L 275, 20.10.2010, p. 3.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’
      and
      THE FEDERATIVE REPUBLIC OF BRAZIL, hereinafter referred to as ‘Brazil’
      hereinafter referred to together as the Contracting Parties;
      DESIRING to safeguard the principle of reciprocity and to facilitate travel by ensuring visa-free entry and short stay for the citizens of all Member States of the Union and for the nationals of Brazil;
      REITERATING their commitment to ensure reciprocal visa-free travel swiftly, fully respecting the completion of the respective parliamentary and other internal procedures;
      WITH A VIEW to further developing friendly relations and continuing to strengthen close ties between the Contracting Parties;
      TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland;
      HAVE AGREED AS FOLLOWS:
      Article 1
      Purpose
      Citizens of the Union and citizens of Brazil, holders of a valid ordinary passport, are allowed to enter, transit through and stay without a visa in the territory of the other Contracting Party for tourism and business purposes only for a maximum period of stay of three months during a six months period in accordance with the provisions of this Agreement.
      Article 2
      Definitions
      For the purpose of this Agreement:

                  (a)

                  ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

                  (b)

                  ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

                  (c)

                  ‘a national of Brazil’ shall mean any person who holds the Brazilian nationality;

                  (d)

                  ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full;

                  (e)

                  ‘Schengen acquis’ shall mean all measures aimed at ensuring the free movement of persons in an area without internal borders, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration and measures to prevent and combat crime.

            Article 3
      Scope of application
      1.   For the purposes of this Agreement tourism and business purposes shall mean:

                  —

                  touristic activities,

                  —

                  visiting relatives,

                  —

                  prospection of commercial opportunities, attending meetings, signing contracts and financial, management and administrative activities,

                  —

                  attending meetings, conferences, seminars provided that no remuneration is received from respective Brazilian/Union sources for those activities (other than the cost of stay directly or via a daily income),

                  —

                  participation in sports competitions and artistic contests, provided that the participants do not receive any remuneration from respective Brazilian/Union sources, even if they compete for prizes, including prizes with money reward.

            2.   Citizens of the Union and nationals of Brazil who wish to carry out remunerated activities or be employed, engage in research, traineeships, studies and social work, as well as undertake technical assistance, missionary, religious or artistic activities, are not covered by this Agreement.
      Article 4
      Conditions of visa waiver and stay
      1.   The visa waiver provided by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Brazil reserve the right to refuse entry into and short stay in their territories if one or more of these conditions are not met.
      2.   The citizens of the Union benefiting from this Agreement shall comply with the laws and regulations in force in the territory of Brazil during their stay.
      3.   The nationals of Brazil benefiting from this Agreement shall comply with the laws and regulations in force in the territory of each Member State during their stay.
      4.   The visa waiver applies regardless of the mode of transport used to cross the borders open to international passenger traffic of the Contracting Parties.
      5.   Without prejudice to Article 7, visa issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Brazil.
      Article 5
      Duration of stay
      1.   For the purposes of this Agreement the citizens of the Union may stay in the territory of Brazil for a maximum period of three months during a six months period following the date of first entry into the territory of the country.
      2.   For the purposes of this Agreement the citizens of Brazil may stay in the Schengen area for a maximum period of three months during a six months period following the date of first entry into the territory of any Member State fully applying the Schengen acquis. This period of three months during a period of six months shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.
      3.   The citizens of Brazil may stay for a maximum period of three months during a six months period following the date of first entry in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the Schengen area.
      4.   This Agreement does not affect the possibility for Brazil and for the Member States to extend the period of stay beyond three months in accordance with national law and Union law.
      Article 6
      Management of the Agreement
      1.   The Contracting Parties shall set up a Committee of experts (hereinafter referred to as the ‘Committee’).
      The Committee shall be composed of representatives of the Union and of Brazil. The Union shall be represented by the European Commission.
      2.   The Committee shall be convened, whenever necessary, at the request of one of the Contracting Parties, to monitor the implementation of this Agreement and settle disputes arising from the interpretation or application of the provisions of this Agreement.
      Article 7
      Relation between this Agreement and existing bilateral visa agreements between the Member States and Brazil
      This Agreement shall be without prejudice to existing bilateral agreements or arrangements concluded between individual Member States and Brazil, in so far as their provisions cover issues falling outside the scope of this Agreement.
      Article 8
      Exchange of specimen of passports
      1.   If they have not done so already, Brazil and the Member States shall exchange, through diplomatic channels, specimens of their valid ordinary passports no later than thirty (30) days after the date of signature of this Agreement.
      2.   In case of introduction of new ordinary passports or modification of the existing ones, the Parties shall convey to each other, through diplomatic channels, specimens of these new or modified passports, accompanied by detailed information on their specifications and applicability, not later than thirty (30) days prior to its application.
      Article 9
      Final provisions
      1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.
      2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5.
      3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.
      4.   Each Contracting Party may suspend in whole or in part this Agreement, the decision on suspension shall be notified to the other Contracting Party not later than two months before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for suspension no longer exist.
      5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.
      6.   Brazil may suspend or terminate this Agreement only in respect of all the Member States of the Union.
      7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

         Done at Brussels, in duplicate each in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
         Съставено в Брюксел на осми ноември две хиляди и десета година.
         Hecho en Bruselas, el ocho de noviembre de dos mil diez.
         V Bruselu dne osmého listopadu dva tisíce deset.
         Udfærdiget i Bruxelles den ottende november to tusind og ti.
         Geschehen zu Brüssel am achten November zweitausendzehn.
         Kahe tuhande kümnenda aasta novembrikuu kaheksandal päeval Brüsselis.
         'Εγινε στις Βρυξέλλες, στις οκτώ Νοεμβρίου δύο χιλιάδες δέκα.
         Done at Brussels on the eighth day of November in the year two thousand and ten.
         Fait à Bruxelles, le huit novembre deux mille dix.
         Fatto a Bruxelles, addì otto novembre duemiladieci.
         Briselē, divi tūkstoši desmitā gada astotajā novembrī.
         Priimta du tūkstančiai dešimtų metų lapkričio aštuntą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év november nyolcadik napján.
         Magħmul fi Brussell, fit-tmien jum ta' Novembru tas-sena elfejn u għaxra.
         Gedaan te Brussel, de achtste november tweeduizend tien.
         Sporządzono w Brukseli dnia ósmego listopada roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em oito de novembro de dois mil e dez.
         Întocmit la Bruxelles la opt noiembrie două mii zece.
         V Bruseli dňa ôsmeho novembra dvetisícdesať.
         V Bruslju, dne osmega novembra leta dva tisoč deset.
         Tehty Brysselissä kahdeksantena päivänä marraskuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den åttonde november tjugohundratio.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l’Union européenne
            Per l’Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Федеративна република Бразилия
            Por la República Federativa de Brasil
            Za Brazilskou federativní republiku
            For Den Føderative Republik Brasilien
            Für die Föderative Republik Brasilien
            Brasiilia Liitvabariigi nimel
            Για την Ομοσπονδιακή Δημοκρατία της Βραζιλίας
            For the Federative Republic of Brazil
            Pour la République fédérative du Brésil
            Per la Repubblica federativa del Brasile
            Brazīlijas Federatīvās Republikas vārdā –
            Brazilijos Federacinės Respublikos vardu
            A Brazil Szövetségi Köztársaság részéről
            Għar-Repubblika Federattiva tal-Brażil
            Voor de Federale Republiek Brazilië
            W imieniu Federacyjnej Republiki Brazylii
            Pela República Federativa do Brasil
            Pentru Republica Federativă a Braziliei
            Za Brazílsku federatívnu republiku
            Za Federativno republiko Brazilijo
            Brasilian liittotasavallan puolesta
            För Förbundsrepubliken Brasilien

      Joint Declaration on the information of the citizens about the visa waiver Agreement
      Recognising the importance of transparency for the citizens of the European Union and Brazil, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver Agreement and related issues, such as the travel documents valid for visa-free travel, the territorial application, including the list of Member States fully implementing the Schengen acquis, the allowed period of stay and the entry conditions, including the right of appeal in case of refusal.


title: 2012/576/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/200

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010
   (2012/576/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2010, together with the Institute’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (3), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0132/2012),

               1.

               Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Institute for Gender Equality, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 173.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 403, 30.12.2006, p. 9.

      (4)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2010, together with the Institute’s replies (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (3), and in particular Article 14 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0132/2012),

                  A.

                  whereas the European Institute for Gender Equality (‘the Institute’) was established on the basis of Regulation (EC) No 1922/2006 and gained its independence on 15 June 2010,

                  B.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the Institute for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas the overall budget of the Institute for the financial year 2010 was EUR 6 500 000; whereas the budget of the Institute is entirely financed by the Union’s contribution,

                  1.

                  Welcomes the Court of Auditors’ first report on the annual accounts of the Institute, for the financial year 2010;

         Budgetary and financial management

                  2.

                  Notes that the Institute was granted administrative and financial autonomy on 15 June 2010;

                  3.

                  Believes that a merger of the Institute and the European Union Agency for Fundamental Rights should be considered in order to avoid duplication and reduce overhead costs;

                  4.

                  Ascertains from the Annual Activity Report (AAR) of the Institute that from 1 January to 15 June 2010 the Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), the Institute’s parent DG, held financial management responsibility on its behalf, in particular for staff and administrative expenditure, and that over that period, DG EMPL made payments in a total amount of EUR 846 876,91;

                  5.

                  Acknowledges from the AAR that within the limited period between six months after adoption of the Annual Work Programme 2010 and gaining administrative and financial independence, the Institute had a budget execution rate of 65 % in terms of committed appropriations and 26 % in terms of paid appropriations; invites the Institute to take immediate steps to ensure a satisfactory budget execution rate in the future;

                  6.

                  Notes from the AAR of the Institute that upon revision of its draft budget for the financial year 2010, the Management Board highlighted two budgetary imbalances amounting to an aggregate imbalance of EUR 415 000:

                              —

                              a budgetary imbalance of EUR 195 000 under Title II, which was related to the under-expenditure in rental costs as the Lithuanian Government covered the rental costs for the Institute’s premises in Lithuania for its first two years of activity;

                              —

                              a budgetary imbalance of EUR 220 000 under Title III due to the expected under-expenditure in operations-related expenditure;

                        notes that in October 2010 the Management Board agreed not to allocate these frozen funds to the Institute; calls on the Institute to inform the discharge authority of the action taken in respect of those frozen funds;

         Accounting

                  7.

                  Establishes that in 2010 the Institute defined the responsibilities of financial actors for staff members and developed financial circuits for commitments; notes, moreover, that the Institute nominated all financial actors defining their roles and responsibilities by the end of 2010;

                  8.

                  Notes from the AAR of the Institute that its Director delegated the power of Authorising Officer to the Head of Administration for a maximum amount of EUR 500 000 for Title I and II, and limited to one year for Title III; also takes note that a backup for the Accounting Officer was appointed;

                  9.

                  Ascertains from the AAR that, by the end of 2010, procedures were in place and being implemented for the following administrative areas: missions, complaints management, procurement Q&A, VAT, quality accounting, bank reconciliation, payment run, commitments and payments, and that a telecom policy and document registration framework were developed and implemented;

         Public procurement

                  10.

                  Observes that in 2010, 63 procurements were carried out and contracts for the procured services were signed; notes that the total contracted amount was EUR 1 974 626;

                  11.

                  Establishes from the AAR that two major difficulties occurred in the procurement process:

                              —

                              the time span available for implementing a procurement procedure was extremely tight and put the execution of planned studies and the relevant budget at risk;

                              —

                              the lack of qualified support for the Operations Unit, where the majority of staff had little or no knowledge of public procurement procedures;

                        as a result, these complications created certain delays and a number of procurement procedures had to be cancelled which, as a result, caused the major part of the budgetary commitment to be carried forward to 2011; calls, therefore, on the Institute to improve the situation and inform the discharge authority of the action taken;

                  12.

                  Notes in addition that 85 % of procured contracts, EUR 1 628 122, were related to services that supported operational activities, and that the remaining amount EUR 292 504 (15 %) were for procured goods and services which supported administrative activities;

         Human resources

                  13.

                  Takes note from its AAR that the Institute recruited 23 Temporary Agents and 6 Contract Agents, and reached 92,3 % of its Establishment Plan target;

                  14.

                  Underlines the need to fill all vacancies which are necessary for the effective functioning of the Institute and the fulfilment of its stated goals;

         Performance

                  15.

                  Notes that, according to Article 20 of the Institute’s founding Regulation (EC) No 1922/2006, the Institute should have commissioned an independent external evaluation of its achievements by 18 January 2010; acknowledges from the AAR that the Management Board postponed the ex-post evaluation given that the Institute was not operational as of 19 January 2010, but decided to commission an ex-ante evaluation in 2010 and a mid-term evaluation by 2013; asks the Institute to immediately communicate the results of that ex-ante evaluation to the discharge authority;

                  16.

                  Acknowledges that the Institute, supported by DG EMPL, launched in December 2010 specifications for the ‘Second Ex-ante Evaluation of EIGE Focusing on the Institute’s Specific Objectives and Operations’;

                  17.

                  Calls on the Institute to inform the discharge authority of the execution of those evaluations and on their respective conclusions;

                  18.

                  Reminds the Court of Auditors that the work of the Institute is of utmost importance for the promotion of gender equality in the Union; notes, therefore, that future reports should reveal in detail whether the Institute’s activity is hindered by difficulties at any stage of the budgetary procedure;

                  19.

                  Points out that, at a time of economic crisis and austerity, it is vital that the Institute offers best value for money without jeopardising the successful fulfilment of its important remit;

         Location

                  20.

                  Notes from the AAR of the Institute that on 1 March 2010 the Institute’s staff was relocated from its temporary premises in Brussels to its permanent seat in Vilnius, Lithuania;

         Internal audit

                  21.

                  Is informed by the Institute that the first Internal Audit Service audit will be performed during 2012;

                  22.

                  Ascertains from its AAR that OLAF visited the Institute and provided a first training session for staff on audit principles and internal control standards in November 2010; acknowledges, moreover, that a cooperation agreement between OLAF and the Institute was prepared in 2010 and adopted by the Institute’s Management Board on 26 January 2011;

                  23.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (5) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 173.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 403, 30.12.2006, p. 9.

         (4)  OJ L 357, 31.12.2002, p. 72.

         (5)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).