DOKUZ EYLL UNIVERSITY FACULTY OF BUSINESS

INTERNATIONAL RELATIONS DEPARTMENT

Readmission Agreements and Visa Facilitation Agreements for Turkey and Applicant

Countries

By

Hasan BLC

Merve DOANER

Sinem SONUGR

ZMR

2013
OUTLINE

I. Introduction

II. Definitions

a. Readmission Agreement

b. Visa Facilitation Agreement

c. Circular Migration

III. Readmission Agreement and Visa Facilitation Agreement in the way of Turkey

a. Historical Background

b. Conditions of Visa Policy

c. Turkeys Reservations on Readmission Agreement

IV. Readmission Agreement and Visa Facilitation with Third Countries

a. Negotiations and Conditions of Visa Policy

b. Ukraines Situation

V. Conclusion
 I. INTRODUCTION

Nowadays, main topics of internal security problems of European Union are

international terrorism, organized crime and illegal immigration. Every year, an estimated

30 million people cros an international border irregularly, of which, according to Europol,

between 400.000 and 500.000 enter the European Union. European Union adopts security

oriented approach for combating illegal immigration the result of security oriented

approach have shown its effects in neighboring countries of European Union. European

Unions security oriented approach includes readmission agreements and visa facilitation

agreements.

In the way of Turkey, readmission agreements with Turkey have not signed yet

because of different problems. Discussion of this issue still have continued.

II. DEFINITIONS

a. Readmission Agreement
 Readmission Agreements include significant component of European Unions external

migration policy. Readmission Agreement means that people who live in a country or

couple of to their countries with borders organised illegally are returned to their countries

or transit countries. Readmission Agreements adopted by the Europen Council in Tampre,

Laeken and Seville. Readmission Agreements are regulated by law. Readmission

Agreements respect human rights and other fundamental rights.1

b. Visa Facilitation Agreement

Visa Facilitation Agreements between European Union and certain third countries on

the facilitation of the issuance of visas provide procedural facilitations for nationals of

certain third countries without altering the conditions for issuing visas. Visa Facilitation

Agreements servet o facilitate the issuance of visas for a short stay.2

c. Circular Migration

Circular Migration is usually repetitive movement of migrant workers between home

and host areas, typically fort he purpose of employment. Circular Migration that is

between two countries allows legal human mobility. Circular Migration is temporarly,

seasonal, and periodic migration type.3

III. Readmission Agreement and Visa Facilitation Agreement in the way of Turkey

1 Readmission Agreements, http://europa.eu/rapid/press-release_MEMO-05-351_en.htm (03.12.13)

2 EU Visa Facilitation Agreements, http://konzuliszolgalat.kormany.hu/eu-visa-facilitation-agreements

(03.12.13)

3Circular Migration and Mobility Partnership,

http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigrati
on/l14564_en.htm (04.12.13)
 a. Historical Background

Controlling migration and safety issue for Europe has been an important place for

European Union memberships. And based on this concept, European Union firstly had put

the migration and asylum issues to common interest of member states with the 1992

Maastricht Treaty. And with the 1999 Amsterdam Treaty,The European Community were

authorized to states for the first time about signing readmission agreements.

Negotiations for the Readmission agreement between the European Union and Turkey

started in 2003. The first official talks met in Brussels in May 2005, after four meetings,

the talks were suspended in December 2006. 4

In time, losting in the speed of EU accession negotiations to a halt with the arrival of a

readmission agreement between Turkey and the EU, took place again at the bargaining

table. Both sides, not to see a possibility of Turkey's EU full membership in the near

future and due to becaming an important transit country of Turkey for irregular migration

to the EU, agreement became an important factor in agenda again. With this agreement;

visa facilitation and after visa liberalization process created a Turkey's priority in this new

era of negotiations.5
Turkey open up to readmission permition both its citizens and also third-country

nationals who residence in Turkey but the only issue to be resolved in the negotiations

were the status of third-country nationals that using Turkey as a transit route.
In December of 2009, with re-starting negotiations on a readmission agreement;

Turkey repeated that , in the signing of this agreement, visa facilitation and liberalization

process is an essential element for them.6

4 Orun Ulusoy, Geri Kabul Anlamas, Ab ve Trkiye, 2013

5 Ibid

6 Ibid
 b. Conditions of Visa Policy

Nowadays this process a Readmission Agreement will begin with sign in Ankara on

December 16. And in the statement made by Foreign Minister Ahmet Davutoglu, the most

important sections of visa facilitation for interests of the citizens will be include:

-Businessmen, artists, athletes, journalists have many in and out-visas will be from 2 to 5

years.

-Retirees, people under the age of 12, non-governmental organizations managers will not pay

the visa fee.

-Visa applications will be finalized within 15 days.

-If applications reject, reason will be notified in writing and will have the right to sue in case

of rejection.

-Visa fees will reduce from 60 euro to 35 euro.

-Visa will be given to people in a very short time who are previously lived in an EU country

for a long time but then return to Turkey. 7

c. Turkeys Reservations on Readmission Agreement

*Reservation 1: When Readmission Agreement enters into force, third country nationals (not

Turkish citizens) who made illegal entry via Turkey to 28 EU countries will automatically

return to Turkey on the agenda. In addition, such as accommodated to these people, finding

them jobs, security problems may occur. Thus Readmission Agreement can bring financial

burden to Turkey.8

7 http://www.hurriyet.com.tr/dunya/25279888.asp (it was reached on 05.12.13)

8 http://t24.com.tr/haber/turkiyenin-vizesiz-avrupa-seruveni/245781 (it was reached on 10.12.13)

 Especially, Greece will be spared from this financial burden. For instance;

proclamation of EU External Border Safety Agency (FRONTEX) : Illegal immigration

totally in 2012, 72.437 and 36.877 of it had been in the Turkey-Greece border.9

*Reservation 2: This problems have content of readmission of persons envisaging whose

asylum claim rejected and considering the lack of data on immigrants it appears as a separate

charge on. 10

*Reservation 3: Another issue discussed EU visa facilitation to Turkey for the start of the

signing of Readmission Agreement, such as biometric passports and border security issues

must be running.

Becasue, visa exemption is a subject come up when having a progress in the accession

process. And Readmission Agreement like a cooperation agreement that, countries who are

basically not to allow EU and halt the illegal immigration towards to EU. For example:

Entering without a visa was obtained to Western Balkan countries citizens to EU from 19

December 2009 (Serbia, Montenegro and Macedonia). EU had lifted visa requirements

within the scope of visa exemption to citizens of these three countries. But only for visa-free

travel. 11

*Reservation 4: In addition, illegal immigration, is the EU's problem not Turkey. And also

Turkey is trying to help to EU for this problem, not the EU to Turkey. So this provide more

benefits to EU from financial aspects. 12

9 Ulusoy, 2013

10 Fatma Ylmaz Elmas, Vize Kolayl ve Geri Kabul Eit(siz)lii , 2013

11 Mehmet zcan, Geri Kabul Anlamas: Ama Neyin Karlnda?, 2010

12 Ibid
IV. Readmission Agreement and Visa Facilitation with Third Countries

a. Negotiations and Conditions of Visa Policy

European Union Readmission Agreements are negotiated by the Commission on the basis of

a negotiating mandate given to it by the Council. So far, The Council has issued 18

negotiating mandates..13

The Readmission Agreements with the Hong Kong Special Administrative Region was

concluded within six months in November 2001 and approved by the Council and the

Parliament by November 2002.The Hong Kong readmission agreement, the European

Councils first such agreement, entered into force on 1 May 2004. Negotiations were

concluded with Macao after two years on 13 October 2003, Sri Lanka after three years on 25

November 2003 and Albania after two years on 18 December 2004. Five years on the

European Union and Russia concluded a readmission agreement on 12 October 2005 and

signed it on 25 May 2006. The Ukraine readmission agreement entered into force in 2008.14

A negotiation mandate was agreed for China and Algeria in 2002 and for Morocco in 2000.

Negotiations are still continuing with these countries. But Turkey will sign on 16 December

2013.15

13ReadmissionAgreements,http://europa.eu/legislation_summaries/justice_free
dom_security/free_movement_of_persons_asylum_immigration/l14562_en.htm
(03.12.2013)

14 Anabelle Roig,Thomas Huddleston,EC Readmission Agreements: A Re-

evaluation of the Political Impasse,2007

15 The EU's bilateral trade and investment agreements where are we?,
http://europa.eu/rapid/press-release_MEMO-13-915_en.htm (05.12.2013)
According to Commission there are some incentives; Visa Facilitation Agreement provides a

short stay visa for third country nationals, providing more financial assisstance for third

countries will offer less readmission to their coutries, embedding readmission agreement with

third countries for better negotiation package to stop illegal immigration.16

Readmission Agreement has provided also some facilities. The purpose of this agreement is to

facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than

90 days per period of 180 days to the citizens of the European Union and third countries. This

agreement provide the multiple-entry visas easier. Citizens of the third country or the member

states, holders of valid diplomatic passports may enter, leave and transit through the territories

of the member states or the third countries without visas.17

b.Ukraines Situation

Ukraine protesters topple Lenin statue in Kiev.Ukraine protesters angry over their

governments decision to seek closer economic ties with Russia a statue of Lenin in the capital

Kiev. President Yanukovi refuse to sign the free trade agreement. The causes of the rejection:

pressure of Russia and according to Yanukovi; price one has to pay is not fair.18

Ukraine made bargain with European Union for the more financial support. They defended

trade liberalization. The import tax of European Union for Ukrainian goods should be

16 EU Readmission Agreements
http://www.publications.parliament.uk/pa/cm201011/cmselect/cmeuleg/428-
xxi/42807.htm (05.12.2013)

17 Florian Trauner,Imke Kruse, EC Visa Facilitation and Readmission Agreements:

A new Standard EU Foreign Policy Tool?, 2008

18 Peter Storm, Ukraine: what's going on, and what does it mean?,
http://libcom.org/blog/ukraine-whats-going-what-does-it-mean-03122013,
03.12.2013
removed during 7 years. The import tax of Ukraine for European Unions goods should be

removed during 10 years.So, Ukrainian groos national product will grow 6% in the 10 years.19

Negotiating group composed of representatives of the European Union came to Ukraine for

solution seeking to the situation.They support the will of early elections of public and they

call for that Russia should not pressure on Ukraine.20

19 Peter Storm, Ukraine: what's going on, and what does it mean?, http://libcom.org/blog/ukraine-
whats-going-what-does-it-mean, 03.12.2013

20 Peter Storm, Ukraine: what's going on, and what does it mean?, http://libcom.org/blog/ukraine-
whats-going-what-does-it-mean, 03.12.2013
REFERENCES

Circular Migration and Mobility Partnerships. (2007, August 10). Retrieved

December 4, 2013, from European Union:
http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_
of_persons_asylum_immigration/l14564_en.htm

EU Visa Facilitation Agreements. (n.d.). Retrieved December 3, 2013, from

Consular Services: http://konzuliszolgalat.kormany.hu/eu-visa-facilitation-
agreements

Readmission Agreements. (2005, October 5). Retrieved December 3, 2013, from

European Union: http://europa.eu/rapid/press-release_MEMO-05-351_en.htm
Conclusion

Readmission Agreement covering nationals and non-nationals should be reserved for only

European Union acceding and certain advanced candidate countries. The European Union can

only justify and responsibility sharing arrangement for the return of non-nationals which

candidate countries well on the road accession.Readmission Agreement provide some

advantages for Turkey and other candidate countries such as the lowering of wages and

facilitation of the visa application process.Visa Facilitation process more effective for Turkey

but visa exemption process more effective for other countries. European Union will face is

illegal immigration issue. Turkey is a transit point with respect to illegal migration. Because

of being a transit state position, the European Union wants Turkey to carry out some

arrangements.Turkey is one of the rarest countries which could be source, transit and victim

county in terms of illegal immigration.Before the membership of Turkey, for being successful

against the illegal migration, could only be possible to slove the problem behind the border

and financial expense which is muck important to European Union.21

21 Emin Topu, Analysis of The Readmission Agreement between European Union

and Turkey,stanbul,2010