IV.

Readmission Agreement and Visa Facilitation with Third Countries

a. Negotiations and Conditions of Visa Policy

EU 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.
As Table 1 shows, by the time the negotiations with the Western Balkan countries started in
2006, the link between readmission and visa facilitation had become acceptable for EU
member states. (www.europa.eu)

Table 1.1. EC Visa Facilitation and Readmission Agreements: State of Negotiations:

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 EP by
November 2002.The Hong Kong readmission agreement, the ECs 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 EU and Russia finally concluded a readmission
agreement on 12 October 2005 and signed it on 25 May 2006. The last iniateled a readmission
agreement with Ukraine on 27 October 2006, four years after the issuance of its mandate.
(Roig & Huddleston 2007)
(http://mawgeng.unblog.fr/files/2007/11/roighuddleston1.pdf)
The majority third countries have attempted to delay each step of the negotiation process
from the launch to the signature and the entry into force. In most cases, an average of two
years passed without even a formal response to the invitation to open negotiations. The
launch of negotiations took two years with Turkey, three years with Morocco, and four
years with Pakistan. The Commission describes negotiations with these countries as
ongoing states (Commission Press 2005 and Roig 2007).
(http://mawgeng.unblog.fr/files/2007/11/roighuddleston1.pdf)

EC Visa Facilitation and Readmission Agreements: Ongoing Negotiations

A negotiation mandate was agreed for China and Algeria in 2002 and for Morocco in 2000.
Negotiations are stiil contiuning with these countries. But Turkey will sign on 16 December
2013.(Commission report)

According to Commission, the main cause for the delay in negotiations is the lack of
incentives to reach an agreement and a lack of willingness to on the part of some member
states to compromise on technical issues.According to Commission, a fundamental shift has
to be made in devising EU Readmission Agreements, in particular as concerns the incentives
and identifies four incentives:

Offering Visa Facilitation Agreement which make it easier and cheaper for third
country nationals to obtain a short stay visa.
Providing more substantial financial assistance by supporting reintegration policies
and funding reception facilities for third country nationals awaiting onword
readmission to their country of origin.
Developing more mobility partnership between EU member states and third countries
which offer improved opportunities for legal migration inreturn for enhanced
cooperation on illegal immigration and readmission
Embedding readmission in framework agreement with third countries so that it forms
part of a broader negotiating package, with appropriate sanctions for failing to
cooperate effectively in tackling illegal immigration.

The Commission recommends developing these 4 incentives into a coherent package and
identifying in future negotiating mandates the particular incentives an offer to a third country,
while also indicating possible retalitation measures which the EUs would take in the event of
unjustified and persistent lack of cooperation in tackling illegal immigration.
(http://www.publications.parliament.uk/pa/cm201011/cmselect/cmeuleg/428-
xxi/42807.htm)

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 EU 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. http://www.jhubc.it/ecpr-
riga/virtualpaperroom/058.pdf

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. The action came after an anti-government rally in Kiev attended by hundreds of people.(
http://www.sendika.org/2013/12/ukrayna-neler-oluyor-ve-ne-anlama-geliyor-peter-
storm/)

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.(www.sendika.org)

Ukraine made bargain with EU for the more financial support. They defended trade
liberalization. The import tax of EU for Ukrainian goods should be removed during 7 years.
The import tax of Ukraine for EUs goods should be removed during 10 years.So, Ukrainian
groos national product will grow 6% in the 10 years.(www.sendika.org)

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.Ukraine has some concerns about the
agreement.The agreement divides Ukrainian society into two groups, namely the privileged
few who can get a multiple-entry visa, benefit from a simplified procedure,or profit from the
waiving of the application fee for the visa, and as to the remainder: the vast majority of
ordinary citizens who cannot enjoy such advantages. This can create a feeling of
discrimination and lead to the conclusion that the European Union is interested only in the
Ukrainian elite. This is turn can lead to the EU being seen in a negative light.In addition; the
priviliged categories are to include journalists, business people and drivers, and that
favouritism might easily lead to corruption. http://www.sendika.org/2013/12/ukrayna-
neler-oluyor-ve-ne-anlama-geliyor-peter-storm/

Conclusion
Readmission Agreement covering nationals and non-nationals should be reserved for only EU
acceding and certain advanced candidate countries.The EU 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. EU will face is illegal immigration issue. Turkey is a transit point
with respect to illegal migration. Because of being a transit state position, the EU 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 much important to EU.