# EUR-Lex - 52012PC0704 - EN

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# 52012PC0704

**Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation /* COM/2012/0704 final - 2012/0332 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           Political and legal
framework

The EU and Armenia have agreed to move
forward with the deepening and broadening of EU- Armenia relations within the
Eastern Partnership (EaP) framework. In this framework, the EU has recognized
the importance of enhanced people-to-people contacts. During the Prague Eastern
Partnership Summit in May 2009, the EU reaffirmed its political support towards
full liberalization of the visa regime in a secure environment, and towards
promoting mobility by concluding visa facilitation and readmission agreements
with EaP countries. According to the common approach for the development of EU
policy on visa facilitation agreed at the level of COREPER by the Member States
in December 2005, a visa facilitation agreement would not be concluded without
a readmission agreement being in place.

In 19 December 2011, the Council formally
authorised the Commission to negotiate a readmission agreement between the
European Union and Armenia.

In February 2012 the Commission transmitted
a draft text to the Armenian authorities following which the first round of
formal negotiations was held in Yerevan on 27-28 February 2012. Two further
formal rounds of negotiations took place, lastly in Yerevan on 19 July 2012. The
agreed text was subsequently initialled on 18 October 2012 in Brussels.

Member States have been regularly informed
and consulted at all (informal and formal) stages of the readmission
negotiations.

On the part of the Union, the legal basis
for the Agreement is Article 79(3), in conjunction with Article 218 of TFEU.

The attached proposal constitutes the legal
instrument for the conclusion of the readmission agreement. The Council will
decide by qualified majority. The European Parliament's consent will be
required for the conclusion of the Agreement, in accordance with Art. 218(6)(a)
of TFEU.

The proposed
decision concerning the conclusion sets out the necessary internal arrangements
for the practical application of the Agreement. In particular, it
specifies that the Commission, assisted by experts from Member States,
represents the Union within the Joint Readmission Committee set up by Article
19 of the Agreement. Under Article 19(5), the readmission committee shall adopt
its own rules of procedure. As in the case for the other readmission agreements
so far concluded by the Union, the Union position in this regard shall be
established by the Commission in consultation with a special committee
designated by the Council. As regards other decisions to be taken by the Joint
Committee, the Union position shall be established in accordance with the
applicable provisions of the Treaty.

2.           Outcome of the
negotiations

The Commission considers that the
objectives set by the Council in its negotiating directives were attained and that
the draft Readmission Agreement is acceptable to the Union.

The final content of this Agreement can be
summarised as follows:

-             The Agreement is divided into 8
sections with 24 articles altogether. The Agreement also contains 6 annexes,
which form an integral part of it, and 2 joint declarations.

-             The agreement contains an
opening clause, reaffirming that the agreement shall be applied so as to ensure
respect for human rights, and for the obligations and responsibilities of the
Requested State and Requesting State under relevant international instruments
applicable to them, and reiterating that the Requested State shall in
particular ensure the protection of the rights of persons readmitted to its
territory in compliance with those international instruments. The same clause
confirms that the Requesting State should give preference to voluntary return
over forced return.

-             The readmission obligations set out
in the Agreement (Articles 3 - 6) are drawn up in a fully reciprocal way,
comprising own nationals (Articles 3 and 5) as well as third country nationals
and stateless persons (Articles 4 and 6).

-             The obligation to readmit own
nationals includes also former own nationals who have renounced their
nationality without acquiring the nationality of another State.

-             The readmission obligation with
regard to own nationals covers also family members (i.e. spouses and minor
unmarried children) regardless of their nationality and who do not have an
independent right of residence in the Requesting State.

-             The obligation to readmit third
country nationals and stateless persons (Articles 4 and 6) is linked to the
following prerequisites: (a) the person concerned holds, at the time of
submission of the readmission application, a valid visa or residence permit
issued by the Requested State or (b) the person concerned illegally and
directly entered the territory of the Requesting State after having stayed on,
or transited through, the territory of the Requested State. Exempted from these
obligations are persons in airside transit.

-             For own nationals as well as for
third country nationals or stateless persons, in case of expiry of the specified
delay, Armenia accepts the use of the EU's standard travel document for
expulsion purposes (Articles 3(5) and 4(3)).

-             Section III of the Agreement
(Articles 7 to 13 in conj. with annexes 1 to 5) contains the necessary
technical provisions regarding the readmission procedure (readmission
application, means of evidence, time limits, transfer modalities and modes of
transportation) and 'readmission in error' (Article 13). Some procedural
flexibility is provided by the fact that no readmission application will be
needed in cases where the person to be readmitted is in possession of a valid
travel document or identity card (Article 7(2)).

-             In its Article 7(3), the
Agreement sets out the so-called accelerated procedure, which has been agreed
upon for persons apprehended in the “border region”, i.e. within an area which
extends up to 15 kilometres from the territories of seaports including custom
zones and from international airports of the Member States or Armenia. Under the accelerated procedure, readmission applications have to be submitted
within 2 days, and replies have to be given within 2 working days whereas under
the normal procedure, the time limit for replies is 12 calendar days (Article
11(2)).

-             The Agreement contains a section
on transit operations (Articles 14 and 15 in conj. with annex 6).

-             Articles 16, 17 and 18 contain
the necessary rules on costs, data protection and the relation to other international
obligations.

-             The Joint Readmission Committee
will be composed, and have the tasks and powers, as set out in Article 19.

-             In order to facilitate the
implementation of this Agreement, Article 20 creates the possibility for Armenia and individual Member States to conclude bilateral implementing Protocols. The relation
between the bilateral implementing Protocols and this Agreement is clarified by
Article 21.

-             The final provisions (Art. 22 to
24) contain the necessary rules on entry into force, duration, possible
amendments, suspension, termination and the legal status of the annexes to the
agreement.

-             The specific situation of Denmark is reflected in the preamble, Article 1(d) and Article 22(2). The close association
of Norway, Iceland, Liechtenstein and Switzerland to the implementation,
application and development of the Schengen Acquis has been taken into account,
and in the case of Iceland, reflected in a relevant joint declaration to the
Agreement.

3.           CONCLUSIONS

In the light of the above-mentioned
results, the Commission proposes that the Council

-             approve, after having received
consent from the European Parliament, the attached Agreement between the
European Union and Armenia on readmission of persons residing without
authorisation.

2012/0332 (NLE)

Proposal for a

COUNCIL DECISION

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European
Union,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 79(3), in
conjunction with Article 218 (6)(a), thereof

Having regard to the proposal from the European
Commission,

Having regard to the
consent of the European Parliament[1],

Whereas:

(1)       In accordance with Council
Decision XXXX/XXX of [...][2],
the Agreement between the European Union and the Republic of Armenia on
readmission of persons residing without authorisation was signed by the
Commission on [ ], subject to its conclusion at a later date.

(2)       The Agreement should be
concluded.

(3)       The Agreement establishes
a Joint Readmission Committee which may adopt its rules of procedure. It is
appropriate to provide for a simplified procedure for the establishment of the Union
position in this case.

(4)       In accordance with Article
3 of the Protocol on the position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and to the Treaty on the functioning of the
European Union, the United Kingdom [is not
taking part in the adoption of this Decision and will not be bound by this
Agreement or subject to its application unless it notifies its wish to that
effect in accordance with that Protocol / has notified its wish to take part in
the adoption and application of this Decision].

(5)       In accordance with Article
3 of the Protocol on the position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and to the Treaty on the functioning of the European
Union, and without prejudice to Article 4 of the said Protocol,
Ireland [is not taking part in the adoption of this Decision and will not be
bound by this Agreement or subject to its application unless it notifies its
wish to that effect in accordance with that Protocol / has notified its wish to
take part in the adoption and application of this Decision].

(6)       In accordance with
Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the
Treaty on European Union and to the Treaty on the functioning of the European
Union, Denmark does not take part in the adoption of this Decision and is not
bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union
and the Republic of Armenia on readmission of persons residing without
authorisation is hereby concluded.

The text of the Agreement is attached to
this Decision.

Article 2

The President of the Council shall
designate the person empowered to proceed, on behalf of the European Union, to
the notification provided for in Article 23(2) of the Agreement, in order to
express the consent of the European Union to be bound by the Agreement.

Article 3

The
Commission, assisted by experts from Member States, shall represent the Union in the Joint Readmission Committee established by Article 19 of the Agreement.

Article 4

The
position of the Union within the Joint Readmission Committee with regard to the
adoption of its rules of procedure as required under Article 19 (5) of the
Agreement shall be taken by the Commission after consultation with a special
committee designated by the Council.

Article 5

This Decision shall enter into force on the
day of its adoption. It shall be published in the Official Journal of the
European Union.

The date of entry into force of the
Agreement shall be published in the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

ANNEX

AGREEMENT

between
the European Union and the Republic of Armenia

on
the readmission of persons residing without authorisation

THE
CONTRACTING PARTIES,

THE
EUROPEAN UNION, hereinafter referred to as “the Union”,

and

THE REPUBLIC OF ARMENIA, hereinafter referred to as “Armenia”,

DETERMINED to strengthen their
co-operation in order to combat illegal immigration more effectively,

DESIRING to
establish, by means of this Agreement and on the basis of reciprocity, rapid
and effective procedures for the identification and safe and orderly return of
persons who do not, or no longer, fulfil the conditions for entry to, presence
in, or residence on the territory of Armenia or one of the Member States of the
European Union, and to facilitate the transit of such persons in a spirit of
co-operation,

EMPHASISING that
this Agreement shall be without prejudice to the rights, obligations and
responsibilities of the Union, its Member States and Armenia arising from
International Law and, in particular, from the 1951 Convention on the Status of
Refugees and its 1967 Protocol, and the 1950 Convention on the Protection of
Human Rights and Fundamental Freedoms,

CONSIDERING that in accordance with Protocol No 21 on the position of the
United Kingdom of Great Britain and Northern Ireland and of Ireland in respect
of the area of Freedom, Security and Justice annexed to the Treaty on European
Union and the Treaty on the Functioning of the European Union, the United
Kingdom of Great Britain and Northern Ireland and Ireland will not take part in
this Agreement unless they notify their wish to that effect in accordance with
that Protocol,

CONSIDERING that the
provisions of this Agreement, which falls within the scope of Title V of Part
Three of the Treaty on the Functioning of the European Union, do not apply to
the Kingdom of Denmark, in accordance with the Protocol on the position of the
Kingdom of Denmark annexed to the Treaty on European Union and the Treaty on
the Functioning of the European Union,

HAVE AGREED AS FOLLOWS:

Article 1
Definitions

For the purpose of
this Agreement:

(a)
'Contracting Parties' shall mean Armenia and the Union;

(b)
'National of Armenia' shall mean any person who
holds the citizenship of Armenia in accordance with the legislation of the Republic of Armenia;

(c)
'National of a Member State' shall mean any
person who holds the nationality, as defined for Union purposes, of a Member State;

(d)
'Member State' shall mean any Member State of the European Union bound by this agreement;

(e)
'Third-country national' shall mean any person
who holds a nationality other than that of Armenia or one of the Member States;

(f)
'Stateless person' shall mean any person who
does not hold a nationality;

(g)
'Residence permit' shall mean a permit of any
type issued by Armenia or one of the Member States entitling a person to reside
on its territory. This shall not include temporary permissions to remain on its
territory in connection with the processing of an asylum application or an
application for a residence permit;

(h)
'Visa' shall mean an authorisation issued or a
decision taken by Armenia or one of the Member States which is required with a
view to entry in, or transit through, its territory. This shall not include
airport transit visa;

(i)
'Requesting State' shall mean the State (Armenia
or one of the Member States) submitting a readmission application pursuant to
Article 8 or a transit application pursuant to Article 15 of this Agreement;

(j)
'Requested State' shall mean the State (Armenia
or one of the Member States) to which a readmission application pursuant to
Article 8 or a transit application pursuant to Article 15 of this Agreement is
addressed;

(k)
'Competent Authority' shall mean any national
authority of Armenia or one of the Member States entrusted with the
implementation of this Agreement in accordance with Article 20 (1) (a) thereof;

(l)
'Transit' shall mean the passage of a third
country national or a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination;

(m)
'border region' shall mean an area which extends
up to 15 kilometres from the territories of seaports including custom zones, and
international airports of the Member States and Armenia.

Article 2
Fundamental Principles

While strengthening cooperation on
preventing and combating irregular migration, the Requested and Requesting State shall, in the application of this agreement to persons falling within its
scope, ensure respect for human rights and for the obligations and
responsibilities following from relevant international instruments applicable to them, in particular:

–
the 1948 Universal Declaration of the Human
Rights

–
the 1950 Convention for the Protection of Human
Rights and Fundamental Freedoms

–
the 1966 International Covenant on Civil and
Political Rights

–
the 1984 UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment

–
the 1951 Geneva Convention relating to the
Status of Refugees and its Protocol of 1967.

The Requested State shall in particular ensure, in compliance with its obligations under the
international instruments listed above, the protection of the rights of persons
readmitted to its territory.

The Requesting State should give preference to voluntary return over forced return where there are
no reasons to believe that this would undermine the return of a person to the Requested State.

Section I
Readmission
obligations by Armenia

Article 3
Readmission of own nationals

1.         Armenia
shall readmit, upon application by a Member State and without further
formalities other than those provided for in this agreement, all persons who do
not, or who no longer, fulfil the conditions in force for entry to, presence
in, or residence on, the territory of the requesting Member State provided that
it is proved, or may be validly assumed on the basis of prima facie evidence
furnished, that they are nationals of Armenia.

2.         Armenia shall also readmit:

–
minor unmarried children of the persons
mentioned in paragraph 1, regardless of their place of birth or their
nationality, unless they have an independent right of residence in the
Requesting Member State or hold a valid residence permit issued by another Member
State,

– spouses, holding another nationality or being stateless, of the
persons mentioned in paragraph 1, provided they have the right to enter and
stay or receive the right to enter and stay in the territory of Armenia, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State.

3.         Armenia shall also readmit
persons, who have renounced the nationality of Armenia since entering the
territory of a Member State, unless such persons have at least been promised
naturalisation by that Member State.

4.         After
Armenia has given a positive reply to the readmission application, the
competent diplomatic or consular representation of Armenia shall, irrespective
of the will of the person to be readmitted, immediately, free of charge and not
later than within three working days, issue the travel document required for
the return of the person to be readmitted with a period of validity of 120
days. If Armenia has not, within three working days, issued the travel
document, it shall be deemed to accept the use of the EU standard travel
document for expulsion purposes[3].

5.         If, for
legal or factual reasons, the person concerned cannot be transferred within the
period of validity of the travel document that was initially issued, the
competent diplomatic or consular representation of Armenia shall, within three working days and free of charge, issue
a new travel document with a period of validity of the same duration. If Armenia has not, within three working days, issued the new travel document, it shall be
deemed to accept the use of the EU standard travel document for expulsion
purposes[4].

Article 4
Readmission of third-country nationals and stateless
persons

1.         Armenia
shall readmit, upon application by a Member State and without further
formalities other than those provided for in this Agreement, all third-country
nationals or stateless persons who do not, or who no longer, fulfil the
conditions in force for entry to, presence in, or residence on, the territory
of the requesting Member State provided that it is proved, or may be validly
assumed on the basis of prima facie evidence furnished, that such persons:

(a)
hold at the time of submission of the
readmission application a valid visa or residence permit issued by Armenia; or

(b)
illegally and directly entered the territory of
the Member States after having stayed on, or transited through, the territory of Armenia.

2.         The
readmission obligation in paragraph 1 shall not apply if the third country national
or stateless person has only been in airside transit via an International
Airport of Armenia.

3.         Without
prejudice to Article 7(2), after Armenia has given a positive reply to the
readmission application, the Requesting Member State issues the person whose
readmission has been accepted the EU standard travel document for expulsion
purposes[5].

Section II
Readmission obligations by the Union

Article 5
Readmission of own nationals

1.         A
Member State shall readmit, upon application by Armenia and without further
formalities other than those provided for in this agreement, all persons who do
not, or who no longer, fulfil the conditions in force for entry to, presence
in, or residence on, the territory of Armenia provided that it is proved, or
may be validly assumed on the basis of prima facie evidence furnished, that
they are nationals of that Member State.

2.         A Member
State shall also readmit:

- minor unmarried
children of the persons mentioned in paragraph 1, regardless of their place of
birth or their nationality, unless they have an independent right of residence
in Armenia,

- spouses, holding
another nationality or being stateless, of the persons mentioned in paragraph
1, provided they have the right to enter and stay or receive the right to enter
and stay in the territory of the Requested Member State, unless they have an
independent right of residence in Armenia.

3.         A Member
State shall also readmit persons, who have renounced, the nationality of a Member State since entering the territory of Armenia, unless such persons have at least been
promised naturalisation by Armenia.

4.         After the
Requested Member State has given a positive reply to the readmission
application, the competent diplomatic or consular representation of that Member
State shall, irrespective of the will of the person to be readmitted,
immediately, free of charge and not later than within three working days, issue
the travel document required for the return of the person to be readmitted with
a period of validity of 120 days.

5.         If, for legal
or factual reasons, the person concerned cannot be transferred within the
period of validity of the travel document that was initially issued, the
competent diplomatic or consular representation of that Member State shall,
within three working days and free of charge, issue a new travel document with a
period of validity of the same duration.

Article 6
Readmission of third-country nationals and stateless
persons

1.         A Member State shall readmit,
upon application by Armenia and without further formalities other than those
provided for in this Agreement, all third-country nationals or stateless
persons who do not, or who no longer, fulfil the conditions in force for entry
to, presence in, or residence on, the territory of Armenia provided that it is
proved, or may be validly assumed on the basis of prima facie evidence
furnished, that such persons:

hold at the time of submission of the
readmission application
a valid visa or residence permit issued by the
requested Member State; or

(a)
illegally and directly entered the territory of Armenia after having stayed on, or transited through, the territory of the
requested Member State.

2.         The readmission obligation in
paragraph 1 shall not apply if the third country national or stateless person
has only been in airside transit via an International Airport of the requested Member State.

3.         The readmission obligation in
paragraph 1 is for the Member State that issued a visa or residence permit. If
two or more Member States issued a visa or residence permit, the readmission
obligation in paragraph 1 is for the Member State that issued the document with
a longer period of validity or, if one or several of them have already expired,
the document that is still valid. If all of the documents have already expired,
the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be
presented, the readmission obligation in paragraph 1 is for the Member State of last exit.

4.         Without prejudice to Article
7(2), after the Member State has given a positive reply to the readmission
application, Armenia issues the person whose readmission has been accepted the
travel document required for his or her return.

Section III
Readmission procedure

Article 7
Principles

1.         Subject to paragraph 2, any
transfer of a person to be readmitted on the basis of one of the obligations
contained in Articles 3 to 6 shall require the submission of a readmission
application to the competent authority of the Requested State.

2.         If the person to be readmitted
is in possession of a valid travel document or identity card and, in the case
of third country nationals or stateless persons, a valid visa or residence
permit of the Requested State, the transfer of such person can take place
without the Requesting State having to submit a readmission application or
written notification referred to in Article 12(1) to the competent authority of
the Requested State.

3.         Without prejudice to paragraph
2, if a person has been apprehended in the border region, including airports,
of the Requesting State after illegally crossing the border coming directly
from the territory of the Requested State, the Requesting State may submit a
readmission application within two working days following this person's
apprehension (accelerated procedure).

Article 8
Readmission application

1.         To the extent possible, the
readmission application is to contain the following information:

(a)
the particulars of the person to be readmitted
(e.g. given names, surnames, date of birth, and – where possible – place of
birth, and the last place of residence) and, where applicable, the particulars
of minor unmarried children and/or spouses;

(b)
in case of own nationals, indication of the
means with which proof or prima facie evidence of nationality as set out
by Annexes 1 and 2 respectively;

(c)
in case of third country nationals and stateless
persons, indication of the means with which proof or prima facie
evidence of the conditions for the readmission of third-country nationals and
stateless persons as provided for by Annexes 3 and 4 respectively;

(d)
photograph of the person to be readmitted.

2.         To the extent possible, the
readmission application shall also contain the following information:

(a)
a statement indicating that the person to be
transferred may need help or care, provided the person concerned has explicitly
consented to the statement;

(b)
any other protection, security measure or
information concerning the health of the person, which may be necessary in the
individual transfer case.

3.         A common form to be used for
readmission applications is attached as Annex 5 to this Agreement.

4.         A readmission application may be
submitted by any means of communication including electronic ones.

Article 9
Means of evidence regarding nationality

1.         Proof of nationality pursuant to
Article 3 (1) and Article 5 (1) can be particularly furnished through the
documents listed in Annex 1 to this Agreement, including documents the validity
of which has expired by up to 6 months. If such documents are presented, the Member States and Armenia shall mutually recognise the nationality without further
investigation being required. Proof of nationality cannot be furnished through
false documents.

2.         Prima facie evidence of
nationality pursuant to Article 3 (1) and Article 5 (1) can be particularly
furnished through the documents listed in Annex 2 to this Agreement, even if
their period of validity has expired. If such documents are presented, the Member States and Armenia shall deem the nationality to be established, unless they can prove
otherwise. Prima facie evidence of nationality cannot be furnished
through false documents.

3.         If none of the documents listed
in Annexes 1 or 2 can be presented, the competent diplomatic or consular
representations of the Requested State concerned shall, upon a request from the
Requesting State which is to be included in the readmission application, interview
the person to be readmitted without undue delay, at the latest within five working days from the date of receipt of the readmission application
in accordance with Article 11(2), in order to establish his or her nationality.
The procedure for such interviews may be established in
the implementing Protocols provided for in Article 20 of this Agreement.

Article 10
Means of evidence regarding third-country nationals and stateless persons

1.         Proof of the conditions for the
readmission of third-country nationals and stateless persons laid down in
Article 4 (1) and Article 6 (1) shall be particularly furnished through the
means of evidence listed in Annex 3 to this Agreement; it cannot be furnished
through false documents. Any such proof shall be mutually recognised by the Member States and Armenia without any further investigation being required.

2.         Prima facie evidence of
the conditions for the readmission of third-country nationals and stateless
persons laid down in Article 4 (1) and Article 6 (1) shall be particularly
furnished through the means of evidence listed in Annex 4 to this Agreement; it
cannot be furnished through false documents. Where such prima facie
evidence is presented, the Member States and Armenia shall deem the conditions
to be established, unless they can prove otherwise.

3.         The unlawfulness of entry,
presence or residence shall be established by means of the travel documents of
the person concerned in which the necessary visa or other residence permit for
the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel
documents, visa or residence permit shall likewise provide prima facie
evidence of the unlawful entry, presence or residence.

Article 11
Time limits

1.         The application for readmission
must be submitted to the competent authority of the Requested State within a
maximum of nine months after the Requesting State’s competent authority has
gained knowledge that a third-country national or a stateless person does not,
or does no longer, fulfil the conditions in force for entry, presence or
residence. Where there are legal or factual obstacles to the application being
submitted in time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.

2.         A readmission application must
be replied to in writing

–
within two working days if the application has
been made under the accelerated procedure (Article 7(3));

–
within twelve calendar days in all other cases.

This time limit begins to run with the date
of receipt of the readmission request. If there was no reply within this time
limit, the transfer shall be deemed to have been agreed to.

Reply to a readmission application may be
submitted by any means of communication including electronic ones.

3.         Reasons shall be given in
writing for the refusal of a readmission request.

4.         After agreement has been given
or, where appropriate, after expiry of the time limits laid down in paragraph
2, the person concerned shall be transferred within three months. On request of
the Requesting State, this time limit may be extended by the time taken to deal
with legal or practical obstacles.

Article 12
Transfer modalities and modes of transportation

1.         Without prejudice to Article
7(2), before returning a person, the competent authorities of the Requesting State shall notify in writing at least two working days in advance the
competent authorities of the Requested State regarding the
transfer date, the point of entry, possible escorts and other information
relevant to the transfer.

2.         Transportation may take place by
any means including by air. Return by air shall not be restricted to the use of
the national carriers of Armenia or the Member States and may take place by
using scheduled or charter flights. In the event of escorted returns, such
escorts shall not be restricted to authorised persons of the Requesting State, provided that they are authorised persons by Armenia or any Member State.

3.         If the transfer takes place by
air, possible escorts shall be exempted from having to obtain necessary visas.

Article 13
Readmission in error

The Requesting State shall take back any
person readmitted by the Requested State if it is established, within a period
of six months after the transfer of the person concerned, that the requirements
laid down in Articles 3 to 6 of this Agreement are not met.

In such cases the procedural provisions of
this Agreement shall apply mutatis mutandis and all available information
relating to the actual identity and nationality of the person to be taken back
shall be provided.

Section IV
Transit
operations

Article 14
Principles

1.         The Member States and Armenia should restrict the transit of third-country nationals or stateless persons to
cases where such persons cannot be returned to the State of destination
directly.

2.         Armenia shall allow the transit
of third-country nationals or stateless persons if a Member State so requests,
and a Member State shall authorise the transit of third-country nationals or
stateless persons if Armenia so requests, if the onward journey in possible
other States of transit and the readmission by the State of destination is
assured.

3.         Transit can be refused by Armenia or a Member State:

(a)
if the third-country national or the stateless
person runs the real risk of being subjected to torture or to inhuman or
degrading treatment or punishment or the death penalty or of persecution
because of his race, religion, nationality, membership of a particular social
group or political conviction in the State of destination or another State of
transit; or

(b)
if the third-country national or the stateless
person shall be subject to criminal sanctions in the Requested State or in another State of transit; or

(c)
on grounds of public health, domestic security,
public order or other national interests of the Requested State.

4.         Armenia or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3
subsequently arise or come to light which stand in the way of the transit
operation, or if the onward journey in possible States of transit or the
readmission by the State of destination is no longer assured. In this case, the
  Requesting State shall take back the third-country national or the stateless
person, as necessary and without delay.

Article 15
Transit procedure

1.         An application for transit
operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information:

(a)
type of transit (by air, sea or land), possible
other States of transit and intended final destination

(b)
the particulars of the person concerned (e.g.
given name, surname, maiden name, other names used/by which known or aliases,
date of birth, sex and – where possible – place of birth, nationality,
language, type and number of travel document);

(c)
envisaged point of entry, time of transfer and
possible use of escorts;

(d)
a declaration that in the view of the Requesting State the conditions pursuant to Article 14 (2) are met, and that no reasons for
a refusal pursuant to Article 14 (3) are known of.

A common form to be used for transit
applications is attached as Annex 6 to this Agreement.

A transit application may be submitted by
any means of communication including electronic ones.

2.         The
Requested State shall, within three working days after receipt of the
application and in writing, inform the Requesting State of the admission,
confirming the point of entry and the envisaged time of admission, or inform it
of the admission refusal and of the reasons for such refusal. If there was no
reply within three working days the transit shall be deemed to have been agreed
to.

Reply to a transit
application may be submitted by any means of communication including electronic
ones.

3.         If the
transit operation takes place by air, the person to be readmitted and possible
escorts shall be exempted from having to obtain an airport transit visa.

4.         The
competent authorities of the Requested State shall, subject to mutual
consultations, assist in the transit operations, in particular through the
surveillance of the persons in question and the provision of suitable amenities
for that purpose.

5.         Transit
of the persons shall be carried out within 30 days of receipt of consent to the
request.

Section V
Costs

Article 16
Transport and transit costs

Without prejudice to the right of the
competent authorities to recover the costs associated with the readmission from
the person to be readmitted or third parties, all transport costs incurred in
connection with readmission and transit operations pursuant to this Agreement
as far as the border of the State of final destination shall be borne by the Requesting State.

Section VI
Data protection and relation to other international obligations

Article 17
Data Protection

The communication of personal data shall
only take place if such communication is necessary for the implementation of
this Agreement by the competent authorities of Armenia or a Member State as the case may be. The processing and treatment of personal data in a particular
case shall be subject to the domestic laws of Armenia and, where the controller
is a competent authority of a Member State, to the provisions of Directive
95/46/EC and of the national legislation of that Member State adopted pursuant
to this Directive. Additionally the following principles shall apply:

(a)
personal data must be processed fairly and
lawfully;

(b)
personal data must be collected for the
specified, explicit and legitimate purpose of implementing this Agreement and
not further processed by the communicating authority nor by the receiving
authority in a way incompatible with that purpose;

(c)
personal data must be adequate, relevant and not
excessive in relation to the purpose for which they are collected and/or
further processed; in particular, personal data communicated may concern only
the following:

–
the particulars of the person to be transferred
(e.g. given names, surnames, any previous names, other names used/by which
known or aliases, sex, civil status, date and place of birth, current and any
previous nationality),

–
passport, identity card or driving licence
(number, period of validity, date of issue, issuing authority, place of issue),

–
stop-overs and itineraries,

–
other information needed
to identify the person to be transferred or to examine the readmission
requirements pursuant to this Agreement;

(d)
personal data must be accurate and, where
necessary, kept up to date;

(e)
personal data must be kept in a form which
permits identification of data subjects for no longer than is necessary for the
purpose for which the data were collected or for which they are further
processed;

(f)
both the communicating authority and the receiving
authority shall take every reasonable step to ensure as appropriate the
rectification, erasure or blocking of personal data where the processing does
not comply with the provisions of this article, in particular because those
data are not adequate, relevant, accurate, or they are excessive in relation to
the purpose of processing. This includes the notification of any rectification,
erasure or blocking to the other Party;

(g)
upon request, the receiving authority shall
inform the communicating authority of the use of the communicated data and of
the results obtained there from;

(h)
personal data may only be communicated to the
competent authorities. Further communication to other bodies requires the prior
consent of the communicating authority;

(i)
the communicating and the receiving authorities
are under an obligation to make a written record of the communication and
receipt of personal data.

Article 18
Relation to other international obligations

1.         This
agreement shall be without prejudice to the rights, obligations and
responsibilities of the Union, its Member States and Armenia arising from
International Law including from international conventions to which they are
party, in particular from the international instruments listed in Article 2,
and:

–
the international conventions determining the
State responsible for examining applications for asylum lodged,

–
international conventions on extradition and
transit,

–
multilateral international conventions and
agreements on the readmission of foreign nationals.

2.         Nothing in this Agreement shall
prevent the return of a person under other formal or informal arrangements.

Section VII
Implementation and application

Article 19
Joint readmission committee

1.         The Contracting Parties shall
provide each other with mutual assistance in the application and interpretation
of this Agreement. To this end, they shall set up a joint readmission committee
(hereinafter referred to as “the committee”) which will, in particular, have
the task:

(a)
to monitor, and exchange information regarding
the application of this Agreement, excluding personal data;

(b)
to address issues arising out of the
interpretation or application of the provisions in this Agreement;

(c)
to decide on implementing arrangements necessary
for the uniform application of this Agreement;

(d)
to have regular exchanges of information on the
implementing Protocols drawn up by individual Member States and Armenia pursuant to Article 20;

(e)
to recommend amendments to this Agreement and
its Annexes.

2.         The decisions of the committee
shall be binding on the Contracting Parties.

3.         The committee shall be
composed by representatives of the Union and Armenia.

4.         The committee shall meet where
necessary at the request of one of the Contracting Parties.

5.         The committee shall establish
its rules of procedures.

Article 20
Implementing Protocols

1.         Without prejudice to the direct
applicability of the present Agreement, on request of a Member State or Armenia, Armenia and a Member State shall draw up an implementing Protocol which
shall, inter alia, cover:

(a)
designation of the competent authorities, border
crossing points and exchange of contact points;

(b)
conditions for escorted returns, including the
transit of third-country nationals and stateless persons under escort;

(c)
means and documents additional to those listed
in the Annexes 1 to 4 to this agreement;

(d)
the modalities for readmission under the
accelerated procedure;

(e)
the procedure for interviews.

2.         The implementing Protocols
referred to in paragraph 1 shall enter into force only after the readmission
committee, referred to in Article 19, has been notified.

3.         Armenia agrees to apply any
provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter. The Member
States agree to apply any provision of an implementing Protocol concluded by
one of them also in their relations with Armenia upon request of the latter,
subject to the practical feasibility of its application to other Member States.

Article 21
Relation to bilateral readmission agreements
or arrangements of Member States

The provisions of this Agreement shall take
precedence over the provisions of any bilateral agreement or arrangement on the
readmission of persons residing without authorisation which have been or may,
under Article 20, be concluded between individual Member States and Armenia, in so far as the provisions of the latter are incompatible with those of this
Agreement.

Section VIII
Final provisions

Article 22
Territorial application

1.         Subject to paragraph 2, this Agreement
shall apply to the territory in which the Treaty on European Union and the
Treaty on the Functioning of the European Union are applicable and to the territory of Armenia.

2.         This Agreement shall apply to
the territory of the United Kingdom of Great Britain and Northern Ireland and
of Ireland only pursuant to a notification by the European Union to Armenia to that effect. This agreement shall not apply to the territory of the Kingdom of Denmark.

Article 23
Entry into force, duration and termination

1.         This Agreement shall be ratified
or approved by the Contracting Parties in accordance with their respective
procedures.

2.         This Agreement shall enter into
force on the first day of the second month following the date on which the last
Contracting Party has notified the other that the procedures referred to in the
first paragraph have been completed.

3.         This Agreement shall apply to
the United Kingdom of Great Britain and Northern
Ireland and to Ireland on the first day of the second month following the date
of the notification referred to in Article 22(2).

4.         The Agreement is concluded for
an unlimited period.

5.         This Agreement may be amended by
mutual consent of the Contracting Parties. Amendments shall be drawn up in the
form of separate protocols, which shall form an integral part of this
Agreement, and enter into force in accordance with the procedure laid down in
this Article.

6.         Each Contracting Party may, by
officially notifying the other Contracting Party and after prior consultation
of the committee referred to in Article 19, completely or partly, temporarily
suspend the implementation of this Agreement. The suspension shall enter into
force on the second day following the day of such notification.

7.         Each Contracting Party may
terminate this Agreement by officially notifying the other Contracting Party.
This Agreement shall cease to apply six months after the date of such
notification.

Article 24
Annexes

Annexes 1 to 6 shall form an integral part
of this Agreement.

Done at ............ on the ........ day of
........... in the year ............ in duplicate in the Bulgarian, Croatian,
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian,
Slovak, Slovenian, Spanish, Swedish and Armenian languages, each of these texts
being equally authentic.

For the European Union (...) || For the Republic of Armenia (...)

ANNEX
1

Common list of documents the presentation of which is
considered as proof of nationality
(Articles 3 (1), 5 (1) and 9 (1))

–
passports of any kind (national passports,
diplomatic passports, service passports, collective passports and surrogate
passports including children’s passports),

–
identity cards of any
kind (including temporary and provisional ones),

–
citizenship certificates
and other official documents that mention or clearly indicate citizenship.

ANNEX
2

Common list of documents the presentation of
which is considered as prima facie evidence of nationality
(Articles 3 (1), 5 (1) and 9 (2))

–
documents listed in Annex 1, the validity of
which has expired by more than 6 months,

–
photocopies of any of
the documents listed in Annex 1 to this Agreement,

–
driving licenses or
photocopies thereof,

–
birth certificates or photocopies thereof,

–
company identity cards
or photocopies thereof,

–
statements by witnesses,

–
statements made by the
person concerned and language spoken by him or her, including by means of an
official test result,

–
any other document which may help to establish
the nationality of the person concerned,

–
fingerprints,

–
laissez-passer issued by the Requested State,

–
service books and military identity cards,

–
seaman’s registration
books and skippers’ service cards,

–
confirmation of identity
as a result of a search carried out in the Visa Information System[6],

–
in the case of Member States not using the Visa
Information System, positive identification established from visa application records of those Member States.

ANNEX
3

Common list of documents which are considered
as proof of the conditions for the readmission of third country nationals and
stateless persons
(Articles 4 (1), 6 (1) and 10 (1))

–
visa and/or residence permit issued by the Requested State,

–
entry/departure stamps or similar endorsement in
the travel document of the person concerned or other evidence of
entry/departure (e.g. photographic).

ANNEX
4

Common list of documents which are considered
as prima facie evidence of the conditions for the readmission of third country
nationals and stateless persons
(Articles 4 (1), 6 (1) and 10 (2))

–
description issued by the relevant authorities
of the Requesting State, of place and circumstances under which the person
concerned has been intercepted after entering the territory of that State,

–
information related to the identity and/or stay
of a person which has been provided by an International organisation (e.g.
UNHCR),

–
reports/confirmation of information by family
members, travelling companions, etc.;

–
statement by the person concerned,

–
fingerprints,

–
documents, certificates and bills of any kind
(e.g. hotel bills, appointment cards for doctors/dentists, entry cards for
public/private institutions, car rental agreements, credit card receipts etc.)
which clearly show that the person concerned stayed on the territory of the
requested State,

–
named tickets and/or passenger lists of air,
train, coach or boat passages which show the presence and the itinerary of the
person concerned on the territory of the requested State,

–
information showing that the person concerned
has used the services of a courier or travel agency,

–
official statements made, in particular, by
border authority staff and other witnesses who can testify to the person
concerned crossing the border,

–
official statement by the person concerned in
judicial or administrative proceedings.

ANNEX
5

|| || [Emblem of the Republic of Armenia] ||

.......................................................................... ............................................................................. || ......................................................................... (Place and date)

(Designation of requesting authority) ||

Reference:
............................................................

To

............................................................................. ||

............................................................................. ............................................................................ (Designation of requested authority) ||

q      ACCELERATED
PROCEDURE (Article 7(3))

q      INTERVIEW
REQUEST (Article 9(3))

READMISSION
APPLICATION

pursuant to
Article 8 of the Agreement of ........... between

the European
Union and the Republic of Armenia

on the readmission of persons residing without
authorisation

A.           Personal details 1. Full name (underline surname): ............................................................................................... 2. Maiden name: ............................................................................................... 3. Date and place of birth: ............................................................................................... || Photograph

4. Sex and physical description (height,
colour of eyes, distinguishing marks etc.):

...............................................................................................................................................

5. Also known as (earlier
names, other names used/by which known or aliases):

.........................................................................................................................................................................

6. Nationality and language:

......................................................................................................................................................................

7. Civil status:                  ð married             ð
single                ð divorced             ð widowed

If married :              name
of spouse
......................................................................................................
........ .....................

Names and age of
children (if any)         ................................................................................................................

....................................................................................................................................................................

..........................................................................................................................................................

..................................................................................................................................................................

8. Last address in the requested State:

...........................................................................................................................................................................

B. Personal Details of spouse (If
appropriate)

1. Full name (underline surname):
.......................................................................................................................................................................

2. Maiden name: ...........................................................................................................................................................

3. Date and place of birth:
............................................................................................................................................................

4. Sex and physical
description (height, color of eyes, distinguishing marks etc.):

.....................................................................................................................................................

5. Also known as
(earlier names, other names used/by which known or aliases):

........................................................................................................................................................................

6. Nationality and
language:

.........................................................................................................................................................................

C. Personal Details of Children (If
appropriate)

1. Full name (underline surname):
......................................................................................................................................................................

2. Date and place of
birth: .........................................................................................................................................................

3. Sex and physical
description (height, colour of eyes, distinguishing marks etc.):

......................................................................................................................................................

4. Nationality and
language:

...........................................................................................................................................................................

D. Special circumstances relating to
the transferee

1. State of health

(e.g. possible
reference to special medical care; Latin name of contagious disease):

.......................................................................................................................................................................

2. Indication of particularly dangerous person

(e.g. suspected of
serious offence; aggressive behaviour):

.......................................................................................................................................................................

E. Means of evidence attached

1. ............................................................................. (Passport No.) || .................................................................................. (date and place of issue)

.............................................................................. (issuing authority) || ................................................................................. (expiry date)

2. ............................................................................. (Identity card No.) || .................................................................................. (date and place of issue)

.............................................................................. (issuing authority) || .................................................................................. (expiry date)

3. ............................................................................. (Driving licence No.) || .................................................................................. (date and place of issue)

.............................................................................. (issuing authority) || .................................................................................. (expiry date)

4. ............................................................................. (Other official document No.) || .................................................................................. (date and place of issue)

.............................................................................. (issuing authority) || .................................................................................. (expiry date)

F. Observations

...................................................................................................................................................................................

...................................................................................................................................................................................

................................................................................................................................................

...................................................

(Signature)
(Seal/stamp)

ANNEX
6

|| || [Emblem of the Republic of Armenia] ||

.......................................................................... ........................................................................... || .......................................................................... (Place and date)

(Designation of requesting authority) ||

Reference

............................................................................

To

............................................................................. ||

............................................................................ ............................................................................ (Designation of requested authority) ||

TRANSIT APPLICATION

pursuant to
Article 15 of the Agreement of ........... between

the European Union
and the Republic of Armenia

on the readmission of persons residing without
authorisation

A.           Personal details 1. Full name (underline surname): ............................................................................................... 2. Maiden name: ............................................................................................... 3. Date and place of birth: ............................................................................................... || Photograph

4. Sex and physical
description (height, colour of eyes, distinguishing marks etc.):

......................................................................................................................

6. Also known as
(earlier names, other names used/by which known or aliases):

....................................................................................................................................................

7. Nationality and
language:

....................................................................................................................................................

8. Type and number of
travel document:

.........................................................................................................................................

B. Transit operation

1. Type
of transit

q by air || q by land || q by sea

2. State of final destination

..............................................................................................................................................

3. Possible other States of transit

.............................................................................................................................................

4. Proposed border crossing point, date,
time of transfer and possible escorts

........................................................................................................................

........................................................................................................................

........................................................................................................................

5. Admission guaranteed in any other transit
State and in the State of final destination      
(Article 13 paragraph 2)

q yes || q no

6. Knowledge of any reason for a refusal of
transit
(Article 13 paragraph 3)

q yes || q no

C. Observations

..............................................................................................................................................................

..............................................................................................................................................................

...............................................................................................................................................................

.....................................................................................................................................................

...................................................

(Signature)
(Seal/stamp)

Joint Declaration concerning Articles 3(3) and 5(3)

The
Contracting Parties take note that, according to the nationality laws of the Republic of Armenia and the Member States, it is not possible for a citizen of the Republic of Armenia or the European Union to be deprived of his or her nationality.

The
Parties agree to consult each other in due time, should this legal situation
change.

Joint Declaration concerning the Republic of Iceland

The
Contracting Parties take note of the close relationship between the European
Union and the Republic of Iceland, particularly by virtue of the Agreement of
18 May 1999 concerning the association of this country with the implementation,
application and development of the Schengen acquis. In such circumstances it is
appropriate that Armenia concludes a readmission agreement with the Republic of Iceland in the same terms as this Agreement.

[1]               OJ C [...], [...], p. [...].

[2]               OJ L , , p. .

[3]               In line with the form set out in EU Council
recommendation of 30 November 1994.

[4]               Ibid.

[5]                      Ibid.

[6]               Regulation (EC) No 767/2008 of the European
Parliament and of the Council of 9 July 2008 concerning the Visa
Information System (VIS) and the exchange of data between Member States on
short-stay visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60.