EU - Turkey agreement on the readmission of persons residing without authorisation

 

SUMMARY OF:

Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation

WHAT IS THE AIM OF THE AGREEMENT?

• It aims to strengthen the cooperation between the EU and Turkey in order to combat irregular migration more effectively.
• It establishes procedures for the identification and safe and orderly return of persons residing without authorisation in Turkey or in one of the EU countries.
• It establishes procedures to facilitate the transit of such persons.

KEY POINTS

Scope

• The agreement concerns persons who do not or who no longer meet the conditions to enter or stay in Turkey or in one of the EU countries (depending on the ‘requesting country’).
• Territorial restriction: the agreement does not apply to Ireland unless it opts in, or to Denmark. The United Kingdom (1) has opted in.

Readmission obligations

When requested to do so by an EU country and irrespective of the will of the persons concerned, Turkey must readmit:

• its own nationals and the following related or assimilated persons:
  • their underage and unmarried children who do not have an independent right of residence or right of residence through their other parent in the requesting EU country,
  • their spouses (in a marriage recognised by Turkey) who have or are granted the right of entry and stay in Turkey, unless they have an independent right of residence in the requesting EU country, and
  • persons who in accordance with the Turkish legislation have lost or have renounced their Turkish nationality since entering the territory of an EU country, unless they have at least been promised naturalisation by that EU country;
• non-EU nationals and stateless persons*:
  • who hold a visa for Turkey and entered the territory of an EU country directly from Turkey, or hold a Turkish residence permit, or illegally and directly entered the territory of an EU country after having stayed in or transited through Turkey,
  • unless the person:
    • has only been in transit via an international airport of Turkey, or
    • had used a visa or residence permit issued by the requesting EU country to enter that country (without now holding a Turkish visa or residence permit with a longer validity period), or
    • enjoys visa-free access to the requesting EU country, or
    • left the territory of Turkey for more than 5 years before the requesting EU country gained knowledge of such persons, unless the conditions required for their readmission to Turkey can be established through evidence.

Reciprocally, EU countries commit to the same with respect to Turkey, under the same conditions and limits and when requested by Turkey to readmit their own nationals or related or assimilated persons, or non-EU or non-Turkish nationals or stateless persons.

Readmission procedure

• The agreement and its annexes define what is admissible evidence of nationality (in respect of the obligation to readmit own nationals) and what the conditions are for the obligation to readmit non-EU country nationals or stateless persons.
• Each readmission application should receive a swift written reply, and any refusal of readmission should provide a reason.
• A procedure is laid out for the swift delivery of the necessary travel document with the necessary period of validity, including a time limit for the actual transfer by the requesting country of the person readmitted. The agreement also addresses matters of transfer and transportation.
• In the event of erroneous readmission, it is still possible for the requested party to request the return of the concerned person.
• A readmission application should use the common format presented in one of the annexes to the agreement, which contains the required information.

Transit

• EU countries and Turkey agree to restrict the transit of non-EU and non-Turkish nationals or stateless persons — i.e. their passage through the territory of the requested country while travelling from the requesting country to the country of destination — to cases where they cannot directly be returned to the country of destination.
• On the other hand, they reciprocally commit to allow the requested transit if the onward journey is assured, unless there are valid reasons (laid out in the agreement) to refuse it.
• The agreement lays out a transit procedure based on application requirements similar to those for readmission.

The agreement does not undermine the rights and obligations of the EU countries and Turkey, namely as regards procedural guarantees, that arise:

• from international law, in particular from a number of legal instruments mentioned in the agreement;
• from the following acts of EU law:
  • the EEC–Turkey Association Agreement of 12 September 1963, its additional protocols, the relevant Association Council decisions and the relevant case-law* of the Court of Justice of the European Union,
  • Directive 2008/115/EC on common standards and procedures in EU countries for returning illegally staying non-EU country nationals, in particular with regard to their access to legal advice, information, temporary suspension of the enforcement of a return decision and access to legal remedies,
  • Directive 2003/109/EC concerning the status of non-EU country nationals who are long-term residents, and
  • Directive 2003/86/EC on the right to family reunification.

FROM WHEN DOES THE AGREEMENT APPLY?

The agreement entered into force on 1 October 2014.

However, the reciprocal obligations of readmission of non-EU nationals only became applicable on 1 October 2017.

BACKGROUND

The migration crisis is high on the EU’s political agenda, as attested by:

• EU–Turkey joint action plan activated on 29 November 2015;
• Statement of the EU Heads of State or Government of 7 March 2016;
• European Commission’s 2016 communication ‘Next operational steps in EU–Turkey cooperation in the field of migration’, in which the Commission set out its position;
• EU–Turkey statement of 18 March 2016.

KEY TERMS

MAIN DOCUMENT

Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (OJ L 134, 7.5.2014, pp. 3-27)

RELATED DOCUMENTS

Report from the Commission to the European Parliament, the European Council and the Council — Seventh report on the progress made in the implementation of the EU — Turkey statement (COM(2017) 470 final, 6.9.2017)

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, pp. 98-107)

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, pp. 44-53)

See consolidated version.

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, pp. 12-18)

Agreement establishing an association between the European Economic Community and Turkey (OJ L 361, 31.12.1977, pp. 29-43)

last update 30.10.2018

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(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.