PURPOSE: to conclude the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3).

NON LEGISLATIVE ACT: Council Decision 2014/210/EU on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereof.

BACKGROUND: the EU – Central America Political Dialogue and Cooperation Agreement was signed on 15 December 2003, subject to its conclusion at a later date. All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants . As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof as well as Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU.

It is for this reason that it was necessary to provide a distinct and parallel decision to approve the Agreement as regards Article 49(3) thereof.

A separate decision on the conclusion of the Agreement w ith the exception of Article 49(3) thereof, will be adopted in parallel to this Decision .

CONTENT: with this Decision, the Council concluded, with Parliament’s approval, the Agreement negotiated in 2003 between the EU and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3).

For further details of the main elements of this Agreement with the exception of Article 49(3), please refer to the parallel Decision aim ing to approve the political dialogue Agreement.

Territorial provisions : 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 Treaties, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

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

ENTRY INTO FORCE: 16.04.2014. The date of entry into force of the Protocol will be published in the Official Journal by the General Secretariat of the Council.

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereof.

Parliament gave its consent to the conclusion of the Agreement.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Renate WEBER (ALDE, RO) on the draft Council decision on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereof.

The committee recommended the European Parliament to give its consent to the conclusion of the Agreement (the LIBE committee is supposed to look only into issues covered by the Article 49, paragraph 3 of the Political Dialogue and Cooperation Agreement , notably the reciprocal readmission of illegal migrants).

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereto.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the EU-Central American Political Dialogue and Cooperation Agreement was signed on 15 December 2003, subject to its conclusion at a later date. All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have by now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants . As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof as well as Protocol (No 21) on the position of the

United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU.

It is for this reason that it was necessary to provide a distinct and parallel decision to approve the Agreement as regards Article 49(3) thereof.

A separate decision on the conclusion of the Agreement with the exception of Article 49(3) thereof, will be adopted in parallel to this Decision.

It is now necessary to approve the draft Agreement as regards Article 49(3) thereof.

LEGAL BASIS: Article 79(3), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal aims to call on the Council to conclude, on behalf of the European Union, the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereof .

For further details of the main elements of this Agreement with the exception of Article 49(3), please refer to the parallel legislative proposal aiming to approve the political dialogue Agreement.

N.B.: the draft Decision includes a specific notification concerning the provisions of the Agreement that fall within the scope of Title V of Part Three of the TFEU. This notification clarifies that the United Kingdom and Ireland should be considered as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have notified the Central American Party that the United Kingdom and/or Ireland are bound as part of the European Union in accordance with the 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. If the United Kingdom and/or Ireland cease to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central American Party of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the 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.

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereto.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the EU-Central American Political Dialogue and Cooperation Agreement was signed on 15 December 2003, subject to its conclusion at a later date. All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have by now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants . As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof as well as Protocol (No 21) on the position of the

United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU.

It is for this reason that it was necessary to provide a distinct and parallel decision to approve the Agreement as regards Article 49(3) thereof.

A separate decision on the conclusion of the Agreement with the exception of Article 49(3) thereof, will be adopted in parallel to this Decision.

It is now necessary to approve the draft Agreement as regards Article 49(3) thereof.

LEGAL BASIS: Article 79(3), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal aims to call on the Council to conclude, on behalf of the European Union, the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, as regards Article 49(3) thereof .

For further details of the main elements of this Agreement with the exception of Article 49(3), please refer to the parallel legislative proposal aiming to approve the political dialogue Agreement.

N.B.: the draft Decision includes a specific notification concerning the provisions of the Agreement that fall within the scope of Title V of Part Three of the TFEU. This notification clarifies that the United Kingdom and Ireland should be considered as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have notified the Central American Party that the United Kingdom and/or Ireland are bound as part of the European Union in accordance with the 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. If the United Kingdom and/or Ireland cease to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central American Party of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the 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.