2016 EU-Turkey Agreement
Dear Migration and Home Affairs,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the documents indicated under points 1 to 7 of this request, relating to the conclusion of the Agreement between the Union and the Republic of Turkey referred to by the following press release: http://europa.eu/rapid/press-release_MEM...
Please note that I am not interested in receiving further “press releases”, but I am asking for official texts. “Press releases” are already available and freely accessible on the internet, and there would be no point for me in requesting the Union’s institutions to provide me with the links to their public websites.
Under Article 79, para. 3, of the Treaty on the Functioning of the European Union (TFEU), the Union may conclude agreements with third countries for the readmission to their countries of origin or provenance of third-country nationals who do not or who no longer fulfil the conditions for entry, presence or residence in the territory of one of the Member States. According to Article 218, para. 1, TFEU, agreements between the Union and third countries must be negotiated and concluded in accordance with a specific, legally binding, treaty-based procedure. The procedure prescribes the following, binding steps:
“The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them” (Article 218, para. 2, TFEU).
1. In this regard, I am requesting access to:
1.a) the Council Directives for the negotiations on behalf of the Union on the elements of a draft text of an Agreement with the Republic of Turkey;
1.b) the adopted Council Decision authorizing the opening of the negotiations on behalf of the Union with the Republic of Turkey on the Agreement in question;
1.c) the Council Decision authorizing the signing of such Agreement.
“The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union's negotiating team” (Article 218, para. 3, TFEU).
2. In this regard, I am requesting access to:
2.a) all Recommendations by the Commission or by Ms Federica Mogherini and addressed to the Council concerning the decision authorizing the opening of negotiations on behalf of the Union with the Republic of Turkey on the Agreement in question;
2.b) the official nomination of the negotiator or the head of the Union’s negotiating team.
“The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted” (Article 218, para. 4, TFEU).
3. In this regard, I would like to know whether a “special committee” was designated for the negotiations in question and, if so, I am requesting access to its composition.
“The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force” (Article 218, para. 5, TFEU).
4. In this regard, I would like to know whether the Council has authorized the “provisional application” of the Agreement in question before its entry into force for the Union (the date of the entry into force should be indicated in the Agreement itself).
“The Council, on a proposal by the negotiator, shall adopt a decision concluding the agreement. Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:
(a) after obtaining the consent of the European Parliament in the following cases:
…
(iv) agreements with important budgetary implications for the Union;
(v) agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required.
The European Parliament and the Council may, in an urgent situation, agree upon a time-limit for consent.” (Article 218, para. 6, TFEU).
5. In view of the fact that all press releases of March 2016 mention the disbursement by the Union of €3 billion under the Facility for Refugees in Turkey under the “Agreement”, and therefore such “Agreement” seems to have “important budgetary implications for the Union” and not relate “exclusively” to the common and security policy, I am requesting access to:
5.a) the official consent of the European Parliament to the conclusion of the Agreement in question;
5.b) the agreement between the European Parliament and the Council on a time-limit for consent, if any.
“When concluding an agreement, the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union's behalf modifications to the agreement where it provides for them to be adopted by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorization” (Article 218, para. 7, TFEU).
6. In this regard, I would like to know whether any modifications to the Agreement in question were approved by the negotiator or Union’s negotiation team, upon authorization of the Council.
6.a) In addition, if the simplified procedure was authorized for the conclusion of the Agreement in question, I am requesting access to the specific conditions attached to such authorization, if any.
“The European Parliament shall be immediately and fully informed at all stages of the procedure” (Article 218, para. 10, TFEU).
7. In this regard, I am requesting access to all official information transmitted to the European Parliament concerning the negotiation of the Agreement in question.
In addition to the requests made under points 1-7, I am requesting the official text of the Agreement referred to by the press release mentioned above, signed by the representatives of the Union and the Republic of Turkey.
Yours faithfully,
Ilaria Tani
[1]Ares(2016)1840496 - your access to documents request, ref GestDem
2016/1997
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Dear Madam,
Thank you for your e-mail dated 18/04/2016. We hereby acknowledge receipt
of your application for access to documents, which was registered on
19/04/2016 under reference number GestDem 2016/1997.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
13/05/2016. In case this time limit needs to be extended, you will be
informed in due course.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.
Yours faithfully,
European Commission
DG Migration and Home Affairs
Access to Documents Team.