# EUR-Lex - 52012PC0239 - EN

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# 52012PC0239

**Proposal for a COUNCIL DECISION of [ ... ] concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation /* COM/2012/0239 final - 2012/0122 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           Political and legal framework

The negotiating directives for a European Community
– Turkey readmission agreement were adopted by the Council on 28 November 2002.
Negotiations were formally opened on 27 May 2005 in Brussels.

After first four negotiations rounds
(fourth one on 7 December 2006), the negotiations restarted in 2009. A new
draft text was prepared and transmitted to Turkey on 17 December 2009.

Three further formal negotiation rounds
took place on 19 February (Ankara), 19 March (Ankara) and 17 May 2010
(Brussels). An additional meeting between the Chief negotiators was held on 14
January 2011 in Ankara. Those meetings brought the negotiations to the end at
the level of Chief Negotiators.

The text was subject to the consultations on
both sides. On the EU side, the outcome of the negotiations was endorsed by the
Justice and Home Affairs (JHA) Council held on 24 February 2011. After further
contacts with Turkey, the agreed text was initialled on 21 June 2012 in Brussels
by the representatives of both Parties.

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 Treaty on the Functioning of the European Union.

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) of the Agreement, 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 it can be summarised
as follows:

–
The Agreement is divided into 8 sections with 25
articles altogether. It also contains 6 annexes, which form an integral part of
it, and 6 joint declarations.

–
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 or who have been deprived of 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 3 and 5) 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 holds a residence permit issued by the
requested State (c) the person concerned illegally entered the territory of the
requesting State coming directly from the territory of the requested State.
Exempted from these obligations are persons in airside transit, all persons to
whom the requesting State has issued a visa or residence permit before or after
entry to its territory and all persons who enjoy a visa-free access to the
territory of the Requesting State.

–
The readmission obligation for third country
nationals or stateless persons becomes applicable only three years after the
entry into force of the whole agreement. During that period that obligation
will be applicable to stateless persons and third country nationals coming from
those third countries with which Turkey concluded readmission agreements.
During the same period the bilateral agreements between Turkey and Member
States remain applicable in the relevant parts (Article 24(3)).

–
For own nationals, in case there is no consular
office of Turkey in a Member State or in case of the expiry of specified time
limits for issuance of travel documents, Turkey accepts its positive reply to
the readmission application as sufficient travel document for the readmission
of the person concerned. In the same cases for third country nationals or
stateless persons, Turkey accepts the use of
the EU's standard travel document for expulsion purposes (Articles 4(3) and
4(4)).

–
Section III of the Agreement (Articles 7 to 14
in conjunction 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 and, in case of third country nationals, valid visa or residence permit
issued by the Requested State (Article 7(3)).

–
In its Article 7(4), the Agreement sets out the
so-called accelerated procedure, which has been agreed upon for persons
apprehended in the “border region”, i.e. an area within the Requesting State's
territory extending inwards up to 20 kilometres from the external border of that
State, whether or not the border is shared between the Requesting State and the
Requested State as well as the sea ports including customs zones and
international airports of the Requesting State. Under the accelerated
procedure, readmission applications have to be submitted within 3 working days,
and replies have to be given within 5 working days.

–
Under the normal procedure, the time limit for
replies to readmission applications is 25 calendar days except for the
Requesting State which has a shorter initial detention period in the national
legislation, in which case that shorter period will apply. The initial period
may be extended up to 60 calendar days except for the Requesting State with the
maximum detention period of less or equal to 60 days.

–
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 and existing EU Directives. The agreement is without prejudice to
other arrangements relating to areas other than readmission, such as voluntary
return.

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

–
In order to execute this Agreement in practice,
Article 20 creates the possibility for Turkey 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 (Articles 22 to 25) contain
the necessary rules on entry into force, duration, technical assistance, termination
and the legal status of the annexes to the agreement.

–
The specific situation of Denmark is reflected in
the preamble, Article 1(d), Article 22(2) and in a joint declaration attached
to the Agreement. The close association of Norway, Iceland, Liechtenstein and
Switzerland to the implementation, application and development of the Schengen acquis
is likewise reflected in a joint declaration attached 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 the
Republic of Turkey on readmission of persons residing without authorisation.

2012/0122 (NLE)

Proposal for a

COUNCIL DECISION

of [ ... ]
concerning the conclusion of the Agreement between the European Union
and the Republic of Turkey 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
Commission,

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

Whereas:

(1)       In accordance with Council
Decision 2010/XXX of [...][2], the Agreement between
the European Union and the Republic of Turkey 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, 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 Turkey 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 24(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 Turkey on the readmission of
persons residing without authorization

THE HIGH CONTRACTING PARTIES,

THE EUROPEAN
UNION, hereinafter referred to as "the Union",

and

THE REPUBLIC OF TURKEY, hereinafter
referred to as "Turkey",

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,
effective and swift procedures for the identification and safe and orderly
return of persons who do not or who no longer,
fulfil the conditions for entry to, presence in, or residence on the
territories of Turkey 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 Turkey arising from
international law and, in particular, from the European Convention of 4
November 1950 for the Protection of Human Rights and the Convention of 28 July
1951 on the Status of Refugees,

EMPHASISING
that this Agreement shall be without prejudice to the rights and procedural
guarantees for persons who are subject to return procedures in or who apply for
asylum in a Member State as laid down in the respective legal instruments of
the European Union.

EMPHASISING
that this Agreement shall be without prejudice to the provision of the
Agreement of 12 September 1963 establishing an Association between the European
Economic Community and Turkey, its additional protocols, the relevant
Association Council decisions as well as the relevant case-law of the Court of
Justice of the European Union.

EMPHASISING
that the persons holding a long term resident permit granted under the terms of
Council Directive 2003/109/EC concerning the status of third-country nationals
who are long-term residents enjoy a reinforced protection against expulsion
under Article 12 of the Directive.

EMPHASISING that this Agreement is based on the principles of joint
responsibility, solidarity, and an equal partnership to manage the migratory
flows between Turkey and the Union and that in this context the Union is ready
to make available financial resources in order to support Turkey in its
implementation.

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 United Kingdom and Ireland, unless they
"opt-in" in accordance with the Protocol 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 the Treaty on the
functioning of the European Union,

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 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 Turkey and the Union;

(b)          'National of Turkey' shall
mean any person who holds the nationality of Turkey in accordance with its
legislation;

(c)          'National of a Member
State' shall mean any person who holds the nationality of a Member State of the
European Union;

(d)          'Member State' shall mean
any Member State of the European Union, with the exception of the Kingdom of
Denmark;

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

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

(g)          'Residence permit' shall
mean a permit of any type issued by Turkey 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 Turkey 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 (Turkey 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 (Turkey 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 Turkey or one of the Member States
entrusted with the implementation of this Agreement as designated in the
implementing protocol in accordance with Article 20(1) lit. (a) thereof;

(l)           'Person residing without
authorisation' shall mean any person who, in accordance with the relevant
procedures established under national legislation, does not or no longer,
fulfil the conditions in force for entry to, presence in, or residence on, the
territory of the Republic of Turkey or one of the Member States;

(m)         '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;

(n)          'Readmission' shall mean
the transfer by the Requesting State and admission by the Requested State of
persons (nationals of the Requested State, third country nationals or stateless
persons) who have been found illegally entering, being present in or residing
in the Requesting State, in accordance with the provisions of this Agreement;

(o)          'Border crossing point'
shall mean any point designated for the purpose of crossing their respective
borders by the Member States or Turkey;

(p)          'Border region' of the
Requesting State shall mean an area within its territory extending inwards up
to 20 kilometres from the external border of the Requesting State, whether or
not the border is shared between the Requesting State and the Requested State
as well as the sea ports including customs zones and international airports of
the Requesting State.

Article 2

Scope

1.           The provisions of this
Agreement shall apply to persons who do not or who no longer, fulfil the
conditions for entry to, presence in, or residence on the territories of Turkey
or one of the Member States of the European Union.

2.           The
application of the present Agreement, including Paragraph 1 above, shall be
without prejudice to the instruments enumerated in Article 18.

3.           The
present Agreement shall not apply to third country nationals or stateless
persons as referred to Articles 4 and 6 who have left the territory of the
Requested State more than five years before the Requesting State's competent
authorities has gained knowledge of such persons unless the conditions required
for their readmission to the Requested State as stipulated by Articles 4 and 6
can be established by means of documents enumerated in Annex 3.

Section I

Readmission obligations by Turkey

Article 3

Readmission of own nationals

1.           Turkey shall readmit, upon
application by a Member State and without further formalities to be undertaken
by that Member State other than those provided for in this agreement, all
persons who do not or who no longer, fulfil the conditions in force under the
law of that Member State or under the law of the European Union for entry to,
presence in, or residence on, the territory of the requesting Member State
provided that in accordance with Article 9, it is established that they are
nationals of Turkey.

2.           Turkey shall also readmit:

–
minor unmarried children of the persons
mentioned in Paragraph 1 of this Article, regardless of their place of birth or
their nationality, unless they have an independent right of residence in the
requesting Member State or if the said independent right of residence is held
by the other parent who has legal custody of the children concerned;

–
spouses, holding another nationality, of the
persons mentioned in Paragraph 1 of this Article, provided they have the right
to enter and stay or receive the right to enter and stay in the territory of
Turkey unless they have an independent right of residence in the requesting
Member State or unless it is demonstrated by Turkey that according to its
national legislation the marriage in question is not legally recognised.

3.           Turkey shall also readmit
persons who in accordance with the Turkish legislation have been deprived of,
or who have renounced, the nationality of Turkey since entering the territory
of a Member State, unless such persons have at least been promised
naturalisation by that Member State.

4.           After Turkey has given a
positive reply to the readmission application or, where appropriate, after
expiry of the time limits laid down in Article 11(2), the competent consular
office of Turkey shall, irrespective of the will of the person to be
readmitted, within three working days, issue the travel document required for
the return of the person to be readmitted with a period of validity of three
months. In case there is no consular office of Turkey in a Member State or if
Turkey has not, within three working days, issued the travel document, the
reply to the readmission application shall be considered as the necessary
travel document for the readmission of the person concerned.

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
consular office of Turkey shall, within three working days, issue a new travel
document with a period of validity of the same duration. In case there is no
consular office of Turkey in a Member State or if Turkey has not, within three
working days, issued the travel document, the reply to the readmission
application shall be considered as the necessary travel document for the
readmission of the person concerned.

Article 4

Readmission of third-country nationals and stateless persons

1.           Turkey shall readmit, upon
application by a Member State and without further formalities to be undertaken
by that Member State 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 in accordance with
Article 10 it is established that such persons:

(a)
hold, at the time of submission of the
readmission application, a valid visa issued by Turkey entering the territory
of a Member State directly from the territory of Turkey; or

(b)
hold a residence permit issued by Turkey; or

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

2.           The readmission obligation
in Paragraph 1 of this Article shall not apply if:

(a)
the third country national or stateless person
has only been in airside transit via an international airport of Turkey; or

(b)
the requesting Member State has issued to the
third country national or stateless person a visa which was used by the person
for the entry on the requesting Member State's territory or residence permit
before or after entering its territory unless that person is in possession of a
visa or residence permit issued by Turkey, which has a longer period of
validity, or

(c)
the third country national or stateless person
enjoys a visa free access to the territory of the requesting Member State.

3.           After Turkey has given a
positive reply to the readmission application or, where appropriate, after
expiry of the time limits laid down in Article 11(2), the Turkish authorities,
if necessary, shall within three working days, issue the person whose
readmission has been accepted with the "emergency travel document for
aliens" required for his or her return with a period of validity of at
least three months. In case there is no consular office of Turkey in a Member
State or if Turkey 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]

4.           If, for legal or factual
reasons, the person concerned cannot be transferred within the period of
validity of the "emergency travel document for aliens" that was
initially issued, the Turkish authorities shall within three working days
extend the validity of the "emergency travel document for aliens" or,
where necessary, issue a new "emergency travel document for aliens"
with the same period of validity. In case there is no consular office of Turkey
in a Member State or if Turkey 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.[4]

Section II

Readmission obligations by the
Union

Article 5

Readmission of own nationals

1.           A Member State shall
readmit, upon application by Turkey and without further formalities to be
undertaken by Turkey 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 Turkey provided that in accordance with Article 9 it is established
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 of this Article, regardless of their place of birth or
their nationality, unless they have an independent right of residence in Turkey
or if the said independent right of residence is held by the other parent who
has legal custody of the children concerned;

–
spouses, holding another nationality, of the
persons mentioned in Paragraph 1 of this
Article, 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 Turkey or unless it is demonstrated by the
requested Member State that according to its national legislation the marriage
in question is not legally recognised.

3.           A Member State shall also
readmit persons who in accordance with its legislation have been deprived of,
or who have renounced, the nationality of a Member State since entering the
territory of Turkey, unless such persons have at least been promised
naturalisation by Turkey.

4.           After the requested Member
State has given a positive reply to the readmission application or, where
appropriate, after expiry of the time limits laid down in Article 11(2), the
competent diplomatic mission or consular office of that Member State shall,
irrespective of the will of the person to be readmitted, within three working
days, issue the travel document required for the return of the person to be
readmitted with a period of validity of three months. In case there is no
diplomatic mission or consular office of a Member State in Turkey or if the requested
Member State has not, within three working days, issued the travel document, the reply to the readmission application shall be
considered as the necessary travel document for the readmission of the person
concerned.

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 mission or consular office of that Member State shall, within three
working days, issue a new travel document with a period of validity of the same
duration. In case there is no
diplomatic mission or consular office of a Member State in Turkey or if the
requested Member State has not, within three working days, issued the travel
document, the reply to the readmission application shall be considered as the
necessary travel document for the readmission of the person concerned.

Article 6

Readmission of third-country nationals and stateless persons

1.           A Member State shall
readmit, upon application by Turkey and without further formalities to be
undertaken by Turkey 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 Turkey provided that in accordance with Article 10 it is established
that such persons:

(a)
hold, at the time of submission of the
readmission application, a valid visa issued by the requested Member State
entering the territory of Turkey directly from the territory of the requested
Member State; or

(b)
hold a residence permit issued by the requested
Member State; or

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

2.           The readmission obligation
in Paragraph 1 of this Article shall not apply if:

(a)
 the third country national or stateless person
has only been in airside transit via an International Airport of the requested
Member State; or

(b)
Turkey has issued to the third country national
or stateless person a visa which was used by the person for the entry on the
Turkish territory or residence permit before or after entering its territory
unless that person is in possession of a visa or residence permit, issued by
the requested Member State, which has a longer period of validity, or

(c)
the third country national or stateless person
enjoys a visa free access to the territory of Turkey.

3.           The readmission obligation
in Paragraph 1 of this Article 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.           After the Member State has
given a positive reply to the readmission application or, where appropriate,
after expiry of the time limits laid down in Article 11(2), the Member State's
authorities, if necessary, shall within three working days, issue the person
whose readmission has been accepted the travel document required for his or her
return with a period of validity of at least three months. In case there is no
diplomatic mission or consular office of the Member State in Turkey or if the
Member State 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.[5]

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 Member State's
authorities shall within three working days extend the validity of the travel
document or, where necessary, issue a new travel document with the same period
of validity. In case there is no diplomatic mission or consular office of the
Member State in Turkey or if the Member State 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.[6]

Section
III

Readmission
procedure

Article 7

Principles

1.           The Member States and
Turkey shall make every effort to return a person referred to in Articles 4 and
6 directly to the country of origin. For this purpose, the modalities of
the application of this Paragraph shall be determined in accordance with
Article 19(1)(b). The provisions of this Paragraph shall not apply to cases in
which the accelerated procedure is applicable in accordance with Paragraph 4 of
this Article.

2.           Subject to Paragraph 3 of
this Article, 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.

3.           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 used by
the person for the purpose of entry on the territory of the Requested State or a
residence permit of the Requested State, the transfer of such person shall 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.

The previous Subparagraph shall not prejudice
the right of the relevant authorities to verify at the border the identity of
the readmitted persons.

4.           Without prejudice to
Paragraph 3 of this Article, if a person has been apprehended by the Requesting
State in the border region after having entered illegally and directly from the
territory of the Requested State, the Requesting State may submit a readmission
application within three working days following this person’s apprehension
(accelerated procedure).

Article 8

Content
of the 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 will be
provided 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.           Without prejudice to
Article 7(3), any readmission application shall be in writing and shall use a
common form attached as Annex 5 to this Agreement.

4.           A readmission application
may be submitted by any means of communication including electronic ones e.g.
facsimiles, e-mails etc.

5.           Without prejudice to
Article 11(2), a reply to the readmission application will be given in writing.

Article 9

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. If such documents are
presented, the Member States or Turkey respectively shall for the purpose of
this Agreement, recognise the nationality. Proof of nationality cannot be
furnished through false documents.

2.           Prima facie
evidence of nationality pursuant to Article 3(1) and Article 5(1) shall 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 Turkey shall deem for the purpose of this
Agreement, the nationality to be established, unless following an investigation
and within the time limits laid down in Article 11, the Requested State
demonstrates 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 and
consular representations of the Requested State concerned shall, upon a request
included in the readmission application by the Requesting State, make
arrangements to interview the person to be readmitted without undue delay,
within seven working days from the requesting day, in order to establish his or her nationality. In case there are no
diplomatic or consular representations of the Requested State in the Requesting
State, the former shall make the necessary arrangements in order to interview
the person to be readmitted without undue delay, at the latest within seven
working days from the requesting day. The procedure for such interviews may be
established in the implementing Protocols provided for in Article 20 of this
Agreement.

Article 10

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 by means of
the evidence listed in Annex 3 to this Agreement. Proof of the conditions for
the readmission cannot be furnished through false documents.

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 Turkey shall deem the
conditions to be established, unless following an investigation and within the
time limits laid down in Article 11, the Requested State demonstrates
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 written 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 six months after the Requesting State's competent authority
has gained knowledge that a third-country national or a stateless person who
does not or who no longer, fulfil the conditions in force for entry, presence
or residence.

If the third country national or the stateless
person entered the territory of the Requesting State before the day on which
Articles 4 and 6 become applicable pursuant to Article 24(3), the time limit
mentioned in the previous sentence begins to run on the day on which Articles 4
and 6 become applicable.

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 five working days if the application has
been made under the accelerated procedure (Article 7(4));

–
without undue delay, and in any event within a
maximum of 25 calendar days in all other cases, except for cases for which the
initial detention period in the national legislation of the Requesting State is
less, in which case the latter period shall apply. Where there are legal or
factual obstacles to the application being replied to in time, the time limit
may, upon request and giving reasons, be extended up to 60 calendar days,
except if the maximum detention period in the national legislation of the
Requesting State is less than, or equal to, 60 days.

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 e.g.
facsimiles, e-mails etc.

3.           After agreement has been
given or, where appropriate, after expiry of the time limits laid down
in Paragraph 2 of this Article, 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.

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

Article 12

Transfer modalities and modes of transportation

1.           Without prejudice to
Article 7(3), before returning a person, the competent authorities of the
Requesting State shall notify in writing at least 48 hours 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 air, land or sea. Return by air shall not be restricted to the use of
the national carriers of Turkey 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 Turkey or any Member State.

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 three 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, and with the exception of
all transport costs of the person in question which shall be borne by the
Requesting State as referred to in the previous Paragraph, 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

Transit principles

1.           The Member States and Turkey
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.           Turkey 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 Turkey 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
Turkey 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.           Turkey or a Member State
may revoke any authorisation issued if circumstances referred to in Paragraph 3
of this Article subsequently arise or come to light which stand in the way of
the transit operation, or if the onward journey through 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
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 e.g. facsimiles, e-mails etc.

2.           The Requested State shall,
within five 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 five 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 e.g. facsimiles,
e-mails etc.

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.

Section V

Costs

Article 16

Transport and transit costs

Without prejudice to Article 23 and without
prejudice to the right of the competent authorities to recover the costs
associated with the readmission from the person to be readmitted including the
persons referred to in Article 3(2) and 5(2) or third parties, all transport
costs incurred in connection with readmission and transit operations pursuant to
this Agreement as far as the border crossing point of the Requested State for
requests under Sections I and II of the Agreement; or as far as the border of
the State of final destination for requests under Section IV of the Agreement
shall be borne by the Requesting State.

Section VI

Data protection and non-affection clause

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 Turkey 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 Turkey 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

Non-affection clause

1.           This agreement shall be
without prejudice to the rights, obligations and responsibilities of the Union,
its Member States and Turkey arising from international law including from
international conventions to which they are party, in particular:

–
the Convention of 28 July 1951 on the Status of
Refugees as amended by the Protocol of 31 January 1967 on the Status of
Refugees,

–
the European Convention of 4 November 1950 for
the Protection of Human Rights and Fundamental Freedoms,

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

–
the Convention of 10 December 1984 against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,

–
where applicable, the European Convention of 13
December 1955 on Establishment,

–
international conventions on extradition and
transit,

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

2.           The present Agreement
shall fully respect the rights and obligations, including of those who are or
have been legally residing and working on the territory of one of the Parties,
provided by the provisions of the Agreement of 12 September 1963 establishing
an Association between the European Economic Community and Turkey, its
additional protocols, the relevant Association Council decisions as well as the
relevant case-law of the Court of Justice of the European Union.

3.           The application of the present
Agreement shall be without prejudice to the rights and procedural guarantees of
persons being subject of return procedures as laid down by European Parliament
and Council Directive 2008/115/EC on common standards and procedures in Member
States for returning illegally staying third-country nationals[7]
in particular with regard to their access to legal advice, information,
temporary suspension of the enforcement of a return decisions and access to
legal remedies.

4.           The application of the
present Agreement shall be without prejudice to the rights and procedural
guarantees for persons applying for asylum as provided by Council Directive
2003/9/EC laying down minimum standards for the reception of asylum seekers[8]
and by Council Directive 2005/85/EC on minimum standards on procedures in
Member States for granting and withdrawing refugee status[9]
and in particular with regard to the right to remain in the Member Sate pending
the examination of the application.

5.           The application of the
present Agreement shall be without prejudice to the rights and procedural
guarantees for persons holding a long term resident permit granted under the
terms of Council Directive 2003/109/EC concerning the status of third-country
nationals.

6.           The application of the
present Agreement shall be without prejudice to the rights and procedural
guarantees for persons granted residence under the terms of the Council
Directive 2003/86/EC on the right to family reunification.

7.           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 the application of this Agreement;

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

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

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

2.           The decisions of the
committee shall be binding on the Contracting Parties following any necessary
internal procedures required by the law of the Contracting Parties.

3.           The committee shall
be composed by representatives of Turkey and the Union; the Union shall be
represented by the Commission, assisted by experts from Member States.

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.           On request of a Member
State or Turkey, Turkey and a Member State shall draw up an implementing
Protocol which shall, inter alia, cover rules on:

(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 of this Article shall enter into force only after
the readmission committee, referred to in Article 19, has been notified.

3.           Turkey 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 and
subject to the practical feasibility of its application to Turkey.

Member States agree to apply any provision of
an implementing Protocol drawn up between Turkey and any other Member State
also in their relations with Turkey upon request of the latter and subject
to the practical feasibility of its application to those Member States.

Article 21

Relation to bilateral readmission agreements or arrangements of
Member States

Without
prejudice to Article 24(3), the provisions of this Agreement shall take
precedence over the provisions of any legally binding instrument on the
readmission of persons residing without authorisation which have been or may,
under Article 20, be concluded between individual Member States and Turkey, 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 of
this Article, this Agreement shall apply to the territory in which the Treaty
on the European Union is applicable, as defined in Article 52 of that Treaty
and Article 355 of the Treaty on the Functioning of the European Union and to
the territory of the Republic of Turkey.

2.           This Agreement shall not
apply to the territory of the Kingdom of Denmark.

Article 23

Technical assistance

Both parties
agree to implement this Agreement based on the principles of joint
responsibility, solidarity, and an equal partnership to manage the migratory
flows between Turkey and the Union.

In this
context, the Union is committed to making available financial resources in
order to support Turkey in the implementation of this Agreement in
accordance with the attached joint declaration on technical assistance. In
doing so, attention will be devoted in particular to institution and capacity
building. Such support is to be provided in the context of the existing and future
priorities jointly agreed by the European Union and Turkey.

Article 24

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.           Subject to Paragraph 3 of
this Article, this Agreement shall enter into force on the first day of the
second month following the date on which the Contracting Parties notify each
other that the procedures referred to in the first Paragraph of this Article
have been completed.

3.           The obligations set out in
Articles 4 and 6 of this Agreement shall only become applicable three years
after the date referred to in Paragraph 2 of this Article. During that three-year
period, they shall only be applicable to stateless persons and nationals from
third-countries with which Turkey has concluded bilateral treaties or
arrangements on readmission. During that three-year period, existing bilateral
readmission agreements between individual Member States and Turkey shall
continue to apply in their relevant parts.

4.           This Agreement is
concluded for an unlimited period.

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

Article 25

Annexes

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

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

For the European Union || For the Republic of Turkey

(...) || (...)

ANNEX
1

Common list of documents the presentation of which is
considered as proof of nationality

(Articles 3(1), 5(1) and 9(1))

Where the Requested State is either one of
the Member States or Turkey:

–
passports of any kind

–
laissez-passer issued by the Requested State,

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

–
military service books and military identity
cards,

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

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

Where the Requested State is Turkey:

–
confirmation of identity as a result of a search
carried out in the Visa Information System[10],

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

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))

–
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,

–
written account of statements by witnesses,

–
written account of 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, including documents with pictures
issued by the authorities in replacement of the passport

–
documents listed in Annex 1 whose validity has
expired,

–
accurate information provided by official
authorities and confirmed by the other Party

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 including in a falsified travel document of the person
concerned or other evidence of entry/departure (e.g. photographic),

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

–
official written account of a statement by the
person concerned in judicial or administrative proceedings.

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.;

–
written account of statement by the person
concerned.

ANNEX 5

|| [Emblem of the Republic of Turkey] ||

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

|| (Designation of requesting authority) ||

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

To

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

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

q      ACCELERATED PROCEDURE (Article 7(4))

q      INTERVIEW
REQUEST (Article 9(3))

READMISSION APPLICATION
pursuant to Article 8 of the Agreement of ........... between
the European Union and
the Republic of Turkey
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, color 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 Turkey] ||

|| .......................................................................... ................................................................................................................ || ......................................................................... (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 Turkey
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 14 Paragraph 2)

q yes || q no

6. Knowledge of
any reason for a refusal of transit (Article 14 Paragraph 3)

q yes || q no

C.
Observations

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

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

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

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

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

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

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

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

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

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

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

(Signature)
(Seal/stamp)

Joint Declaration on the cooperation in the area of visa policy

The Contracting
Parties reinforce their cooperation in the area of visa policy and related
areas, with a view to further promoting people to people contacts, starting
with ensuring the efficient application of the judgment of the Court of Justice
of the European Union issued on 19 February 2009 in case no C-228/06 Mehmet
Soysal, Ibrahim Savatli v Germany and other relevant judgements on Turkish
Service providers' rights based on the Additional Protocol of 23 November 1970
annexed to the Agreement establishing an Association between the European
Economic Community and Turkey.

Joint Declaration on Article 7(1)

The Parties
agree that in order to demonstrate "every effort to return a person
referred to in Articles 4 and 6 directly to the country of origin", the
Requesting State, while submitting a readmission application to the Requested
State, should at the same time submit a readmission application also to the
country of origin. The Requested State shall reply within the time limits
mentioned in Article 11(2). The Requesting State informs the Requested State if
a positive reply to the readmission application has been received from the
country of origin in the meantime. In case where the country of origin of the
person in question could not be determined and therefore a readmission
application could not be submitted to the country of origin, the reasons of
this situation should be stated in the readmission application which will be
submitted to the Requested State.

Joint Declaration on technical assistance

Turkey and the
European Union agree to intensify their cooperation to meet the common
challenge of managing migration flows and to tackle irregular migration in
particular. By doing so, Turkey and the European Union will express their
commitment to international burden sharing, solidarity, joint responsibility
and common understanding.

This
cooperation will take into account geographical realities and build on Turkey’s
efforts as a negotiating candidate country. It will also take into account
Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities
and conditions contained in the Accession Partnership with the Republic of
Turkey and the 2008 National Programme of Turkey for the Adoption of the EU
acquis, in which Turkey accepts and is prepared to implement the full EU acquis
in this area upon accession to the European Union.

In this
context, the European Union is committed to making available reinforced
financial assistance in order to support Turkey in the implementation of this Agreement.

In doing so,
attention will be paid in particular to institution and capacity building to
enhance Turkey's capacity to prevent irregular migrants from entering, staying
and exiting its territory, as well as its reception capacity for the intercepted
irregular migrants. This could be achieved through, amongst others, purchase of
border surveillance equipment, establishment of reception centres and border
police structures, and support to training activities, in full respect of the
current rules governing EU external assistance.

In order to
support continued full and effective implementation of this Agreement, EU
financial assistance, including a sector support programme in the area of
integrated border management and migration, will be developed according to
modalities to be defined together with the Turkish authorities and, beyond
2013, within and in accordance with the next EU financial perspectives.

Joint Declaration concerning Denmark

The Contracting
Parties take note that this Agreement does not apply to the territory of the
Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such
circumstances it is appropriate that Turkey and Denmark conclude a readmission
agreement in the same terms as this Agreement.

Joint Declaration concerning Iceland and Norway

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

Joint Declaration concerning Switzerland

The Contracting
Parties take note of the close relationship between the European Union and
Switzerland, particularly by virtue of the Agreement concerning the association
of Switzerland with the implementation, application and development of the
Schengen acquis, which entered into force on 1 March 2008. In such
circumstances it is appropriate that Turkey concludes a readmission agreement
with Switzerland in the same terms as this Agreement.

Joint Declaration concerning the Principality of Liechtenstein

The Contracting
Parties take note of the close relationship between the European Union and the
Principality of Liechtenstein, particularly by virtue of the Agreement
concerning the association of the Principality of Liechtenstein with the
implementation, application and development of the Schengen acquis, which
entered into force on 19 December 2011. In such circumstances it is appropriate
that Turkey concludes a readmission agreement with the Principality of
Liechtenstein 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]               Ibid.

[7]               OJ L 348, 24.12.2008, p. 98.

[8]               OJ L 31, 6.2.2003, p. 18.

[9]               OJ L 326, 13.12.2005, p. 13

[10]             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.