Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Government of the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation
Date: 2003-03-31
Institutions: European Commission
Subjects: EU migration policy, Macao, admission of aliens, migration control, ratification of an agreement, residence permit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.03.2003
COM(2003) 151 final

2003/0054 (CNS)

Proposal for a

COUNCIL DECISION

concerning the signing of the Agreement between the European Community and the
Government of the Macao Special Administrative Region of the People's Republic of
China on the readmission of persons residing without authorisation

Proposal for a

COUNCIL DECISION

concerning the conclusion of the Agreement between the European Community and the
Government of the Macao Special Administrative Region of the People's Republic of
China on the readmission of persons residing without authorisation

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

POLITICAL AND LEGAL FRAMEWORK

the  European  Community  and 

The  Justice  and  Home  Affairs  (JHA)  Council  authorised  the  Commission  to  negotiate  a
readmission  agreement  between 
the  Macao  Special
Administrative Region (SAR)  of  the People's Republic  of  China, by its  decision  of  28  May
2001.  This  negotiating  mandate  formed  part  of  a  political  agreement  reached  on  the
Community's  new  visa  regulation  during  the  Council  meeting  of  1  December  2000,  when
JHA Ministers agreed on the list of countries  whose  citizens must be in possession of visas
when  crossing  the  EU’s  external  borders  and  of  those  whose  citizens  are  exempt  from  this
requirement.  As  far  as  Macao  was  concerned,  JHA  Ministers  agreed  that  holders  of  the
“Macao  Special  Administrative  Region”  passport  would  be  exempted  from  the  visa
requirement,  as  from  the  entry  into  force  of  the  new  regulation.  In  addition,  in  a  statement
entered in the Council minutes, the Commission was asked to submit, as soon as possible, a
recommendation  for  a  Council  decision  authorising  it  to  negotiate  a  readmission  agreement
between  the  European  Community  and  Macao.  At  the  beginning  of  March  2001,  the
Commission  submitted  this  recommendation  and,  on  15  March  2001,  the  Council  formally
adopted the new visa regulation (Council Regulation (EC) N° 539/2001) which entered into
force on 10 April 2001.

At the beginning of July 2001, the Commission transmitted a draft Readmission Agreement
text to the Macao authorities. Following written replies from Macao, and an informal meeting
of technical experts in Brussels on 2 October 2001, a round of formal negotiations took place
in Macao on 22 October 2001. The Agreement was initialled in Brussels on 18 October 2002,
on the occasion of the 9th meeting of the EC-Macao Joint Committee.

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

For the Community, the legal basis for the Agreement is Article 63(3)(b), in conjunction with
Article  300  of  the  TEC.  As  far  as  Macao  is  concerned,  it  is  important  to  note  that,  after
reunification in 1999, it is now part of the People’s Republic of China but enjoys, according
to its Basic Law, a high degree of autonomy over its  internal  affairs,  including immigration
controls  on  entry,  stay  and  departure  from  the  region  (as  a  separate  travel  area  and
immigration territory).

The attached proposals constitute the legal instrument for the signature and conclusion of the
Agreement.  The  Council  will  decide  by  unanimity  (Article  300(2)(1)  in  conjunction  with
Article 67 of the EC Treaty). The European Parliament will have to be formally consulted on
the conclusion of the Agreement, in accordance with Article 300(3) of the EC Treaty.

The  proposed  decision  concerning  the  conclusion  of  the  Agreement  sets  out  the  necessary
internal  arrangements  for  its  practical  application.  In  particular,  it  specifies  that  the
Commission, assisted by experts from Member States, represents the Community within the
Readmission  Committee  set  up  by  Article  17  of  the  Agreement.  Further,  the  Agreement
establishes a Readmission Committee which has powers to take decisions having legal effect
on  certain  technical  matters.  Given  the  technical  character  of  these  decisions,  it  appears
appropriate  to  provide  for  a  simplified  procedure  for  the  establishment  of  the  Community
position in such cases. These procedures are identical with the ones that have been adopted by

2

the  Council  in  the  decision  concerning  the  conclusion  of  the  readmission  agreement  with
Hong Kong.

In this respect the decision provides that, as regards the adoption of the rules of procedure of
the  Readmission  Committee,  this  will  be  done  by  the  Commission  in  consultation  with  a
special committee designated by  the Council. As regards other decisions  to  be  taken  by  the
Readmission Committee, it is proposed that the Community position will be adopted by  the
Council, acting by qualified majority, on a proposal by the Commission.

2. 

OUTCOME OF THE NEGOTIATIONS

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

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

– 

– 

– 

– 

– 

– 

The Agreement is divided into 8 sections with 21 articles altogether. It also contains
6 annexes, which form an integral part of it, and five joint declarations.

The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up
in  a  fully  reciprocal  manner,  concerning  own  nationals  and  permanent  residents
respectively  (Articles  2  and  4)  as  well  as  persons  subject  to  another  jurisdiction
(Articles  3  and  5).  They  all  contain  a  formulation  clarifying  that  readmission  shall
take  place  without  any  formalities  other  than  those  specified  in  this  Agreement.
Although  the  definition  of  "persons  subject  to  another  jurisdiction"  in  Article  1(d)
does not explicitly state that this term includes stateless persons, their inclusion has
been ensured through a joint declaration.

The obligation to readmit persons subject to another jurisdiction (Articles 3 and 5) is
linked to the following prerequisites: (a) the person to be readmitted held, at the time
of entry, a valid residence authorisation of the requested Party, or (b) the person to be
readmitted after having entered (lawfully or unlawfully) the territory of the requested
Party proceeds to enter the territory of the requesting Party unlawfully directly from
the territory of the requested Party. Exempted from these obligations are persons in
airside  transit  and  all  persons  to  whom  the  requesting  Party  has  issued  a  residence
authorisation  with  a  longer  period  of  validity.  The  specific  situation  of  persons
merely  transiting  through  Macao  is  also  reflected  in  a  joint  declaration  to  the
agreement.

Under  certain  circumstances,  the  Macao  SAR  accepts  the  use  of  the  EU's  standard
travel document for expulsion purposes (Article 2 para. 2 and Article 3 para. 3).

The Agreement contains a section on transit operations (Articles 12 and 13).

Section  III of the  Agreement  (Articles  6  to  11  in  conjunction  with  annexes  1  to  6)
contains  the  necessary  technical  provisions  regarding  the  readmission  procedure
(readmission application, means of evidence, time limits, transfer details and modes
of transport). Some procedural flexibility is provided by the fact that in cases where
the person to be readmitted is in possession of valid travel documents and willing to
return  voluntarily,  a  written  communication  only  and  no  formal  submission  of  a
readmission application will be needed (Article 6).

3

– 

– 

– 

– 

– 

Articles 14 to 16 contain the necessary rules  on costs, data protection and  the non-
affection of other International rights and obligations applicable to the Parties.

The composition of the Readmission Committee and its tasks and powers are set out
in Article 17.

In order to execute this Agreement in practice, Article 18 empowers Member States
to  conclude  bilateral  implementing  Protocols  with  the  Macao  SAR.  The  relation
between such implementing Protocols and this Agreement is clarified by Article 19.

The  final  provisions  (Articles  20  and  21)  contain  the  necessary  rules  on  entry  into
force, duration, termination and legal status of the annexes to the agreement.

The specific situation of Denmark is reflected in the preamble, Article 1(a), Article
20  and  in  a  joint  declaration  attached  to  the  Agreement.  The  close  association  of
Norway  and  Iceland  with  the  implementation,  application  and  development  of  the
Schengen Acquis is likewise reflected in a joint declaration to the Agreement.

3. 

CONCLUSIONS

In the light of the above, the Commission proposes the Council to:

– 

– 

decide that the Agreement be signed on behalf of the Community and authorise the
President of the Council to appoint the person(s) duly empowered to sign on behalf
of the Community;

approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement
between  the  European  Community  and  the  Macao  SAR  on  the  readmission  of
persons residing without authorisation.

4

Proposal for a

COUNCIL DECISION

concerning the signing of the Agreement between the European Community and the
Government of the Macao Special Administrative Region of the People's Republic of
China on the readmission of persons residing without authorisation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
63(3)(b), in conjunction with the second sentence of the first subparagraph of Article 300 (2)
thereof,

Having regard to the proposal from the Commission1,

WHEREAS:

(1) 

(2) 

(3) 

By its decision of 28 May 2001, the Council authorised the Commission to negotiate
an  agreement  between  the  European  Community  and  the  Government  of  the  Macao
Special Administrative Region of the People's Republic of China  on  the  readmission
of persons residing without authorisation.

Negotiations for the Agreement took place in Macao in October 2001.

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels
on 18th October 2002 should be signed.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European
Community,  the  Agreement  between  the  European  Community  and  the  Government  of  the
Macao Special Administrative Region of the People's Republic of China on the readmission
of persons residing without authorisation.

Done at Brussels,

1

OJ C […] of […], p. […]

For the Council
The President

5

                                                
2003/0054 (CNS)

Proposal for a

COUNCIL DECISION

concerning the conclusion of the Agreement between the European Community and the
Government of the Macao Special Administrative Region of the People's Republic of
China on the readmission of persons residing without authorisation

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 63(3)(b),  in  conjunction  with  the  second  sentence  of  the  first  subparagraph  of
Article 300 (2) and the first subparagraph of Article 300 (3) thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the European Parliament3,

WHEREAS:

(1) 

(2) 

The  Commission,  acting  on  behalf  of  the  European  Community,  has  negotiated  an
Agreement with the Government of the Macao Special Administrative Region of  the
People's  Republic  of  China  on  the  readmission  of  persons  residing  without
authorisation.

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on
…….2003  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with
Decision……../……/EC of the Council of [………….].

(3) 

This Agreement should be approved.

(4) 

The  Agreement  establishes  a  Readmission  Committee  which  may  take  decisions
having legal effect, And it is thus necessary to specify who represents the Community
within this Committee and to provide for a procedure laying down how a Community
position is adopted.

HAS DECIDED AS FOLLOWS:

2

3

OJ C […] of […], p. […]
OJ C […] of […], p. […]

6

                                                
Article 1

The Agreement between the European Community and the Government of the Macao Special
Administrative  Region  of  the  People's  Republic  of  China  on  the  readmission  of  persons
residing without authorisation is hereby approved on behalf of the Community.

The text of the agreement is attached to this Decision.

The President of the Council shall give the notification provided for in Article 20 paragraph 2
of the Agreement4.

Article 2

The Commission, assisted by experts from Member States, shall represent the Community in
the Readmission Committee established by Article 17 of the Agreement.

Article 3

Article 4

The  position  of  the  Community  within  the  Readmission  Committee  with  regard  to  the
adoption of its rules of procedure as required under Article 17 (5) of the Agreement shall be
adopted  by  the  Commission  after  consultation  with  a  special  committee  designated  by  the
Council.

For  all  other  Readmission  Committee’s  decisions,  the  position  of  the  Community  shall  be
adopted by the Council, acting by qualified majority, on a proposal by the Commission.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, the………of…………2003.

For the Council
The President

4

The date of entry into force of the Readmission Agreement will be published in the Official Journal of
the European Union by the General Secretariat of the Council.

7

                                                
AGREEMENT
between
the Macao Special Administrative Region of the People's Republic of China
and
the European Community
on the readmission of persons residing without authorization

THE CONTRACTING PARTIES,

THE  MACAO  SPECIAL  ADMINISTRATIVE  REGION  OF  THE  PEOPLE'S  REPUBLIC  OF
CHINA, hereinafter referred to as "the Macao SAR", duly authorized to conclude this Agreement by
the Central People's Government of the People's Republic of China,

and

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",

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

Referring to Council Regulation (EC) No 539/2001 of 15 March 20015, and in particular Article 1 (2)
in  conjunction  with  annex  II  thereof,  exempting  holders  of  a  "Regiao  Administrativa  Especial  de
Macau"  Passport  from  the  requirement,  for  stays  of  no  more  than  three  months  in  all,  to  be  in
possession of a visa when crossing the external borders of the Member States of the European Union,

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

Considering that the provisions of this agreement, which falls within the scope of Title IV of the Treaty
establishing the European Community, 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
establishing the European Community,

HAVE AGREED AS FOLLOWS:

5

Council Regulation (EC) n° 539/2001 of 15 March 2001 listing the third  countries  whose  nationals  must  be  in
possession  of  visas  when  crossing  the  external  borders  and  those  whose  nationals  are  exempt  from  that
requirement (OJ L 81 of 23.3.2001, p.1)

8

                                                
For the purpose of this Agreement:

Article 1
Definitions

(a)

(b)

(c)

(d)

(e)

(f)

1)

2)

"Member State " shall mean any Member State of the European Union, with the exception of
the Kingdom of Denmark.

"National of a Member State " shall mean any person who holds the nationality, as defined
for Community purposes, of a Member State.

"Permanent resident of the Macao SAR " shall mean any person who has the right to reside
permanently in the Macao SAR.

"Person of another jurisdiction " shall mean any person who is neither a permanent resident
of the Macao SAR, nor a national of a Member State.

"Residence authorisation" shall mean a permit of any type issued by the Macao SAR 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 authorisation.

"Visa" shall mean an authorisation issued or a decision taken by the Macao SAR or one of
the Member States which is required for entry in, or transit through, its territory. This shall
not include airport transit visa.

SECTION I. READMISSION OBLIGATIONS BY THE MACAO SAR

Article 2
Readmission of permanent residents and former permanent residents

The  Macao  SAR  shall  readmit,  upon  application  by  a  Member  State  and  without  any
formalities other than those specified 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 presumed that they
are  permanent  residents  of  the  Macao  SAR.  The  same  shall  apply  to  persons  who,  since
entering the territory of a Member State, have lost their right to permanent residence in the
Macao SAR, unless such persons have been naturalised by that Member State.

At  the  request  of  a  Member  State,  the  Macao  SAR  shall,  as  necessary  and  without  delay,
issue the person to be readmitted with the travel document required for his or her return that
is of a period of validity of at least 6 (six) months. 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 Macao SAR shall issue a new travel document with the same period of
validity  within  14  (fourteen)  days.  If  the  Macao  SAR  has  not  replied  to  the  request  by  a
Member  State  within  15  (fifteen)  days,  it  shall  be  deemed  to  accept  the  use  of  the  EU
standard travel document for expulsion purposes.

9

Article 3
Readmission of persons of another jurisdiction

1)

The  Macao  SAR  shall  readmit,  upon  application  by  a  Member  State  and  without  any
formalities  other  than  those  specified  in  this  Agreement,  all  persons  of  another  jurisdiction
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 presumed, that such persons:

a)

b)

at the time of entry in the Member State concerned held a valid residence authorisation
issued by the Macao SAR; or

after  having  entered  the  territory  of  the  Macao  SAR,  proceed  to  enter  unlawfully  the
territory of the Member States, coming directly from the territory of the Macao SAR.

2)

The readmission obligation in paragraph 1 shall not apply if:

(a)

(b)

the person of another jurisdiction merely transited without entering the territory of the
Macao SAR; or

the requesting Member State has issued to the person of another jurisdiction a residence
authorisation before or after entering its territory unless that person is in possession of a
residence permit, issued by the Macao SAR, which has a longer period of validity.

At  the  request  of  a  Member  State,  the  Macao  SAR  shall,  as  necessary  and  without  delay,
issue the person to be readmitted with the travel document required for his or her return that
is of a period of validity of at least 6 (six) months. 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 Macao SAR shall issue a new travel document with the same period of
validity  within  14  (fourteen)  days.  If  the  Macao  SAR  has  not  replied  to  the  request  by  a
Member  State  within  15  (fifteen)  days,  it  shall  be  deemed  to  accept  the  use  of  the  EU
standard travel document for expulsion purposes.

SECTION II. READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4
Readmission of own and former own nationals

A  Member  State  shall  readmit,  upon  application  by  the  Macao  SAR  and  without  any
formalities other than those specified 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  Macao  SAR  provided  that  it  is  proved,  or  may  be  validly  presumed,  that  they  are
nationals of that Member State. The same shall apply to persons who have been deprived of,
or who have renounced, the nationality of a Member State since entering the territory of the
Macao SAR unless such persons are permanent residents of the latter.

At  the  request  of  the  Macao  SAR,  a  Member  State  shall,  as  necessary  and  without  delay,
issue the person to be readmitted with the travel document required for his or her return that
is of a period of validity of at least 6 (six) months. 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 concerned shall issue a new travel document with the same
period  of  validity  within  14  (fourteen)  days.  If  the  Member  State  has  not  replied  to  the

3)

1)

2)

10

request by the Macao SAR within 15 (fifteen) days, it shall be deemed to accept the use of
the "Travel Permit of Exceptional Use" of the Macao SAR.

Article 5
Readmission of persons of another jurisdiction

1)

A  Member  State  shall  readmit,  upon  application  by  the  Macao  SAR  and  without  any
formalities  other  than  those  specified  in  this  Agreement,  all  persons  of  another  jurisdiction
who  do  not,  or  who  no  longer,  fulfil  the  conditions  in  force  for  entry  to,  presence  in,  or
residence  on, the territory  of the  Macao  SAR  provided  that  it  is  proved,  or  may  be  validly
presumed, that such persons:

a)

b)

at the time of entry in the  Macao SAR  held  a valid residence  authorisation issued by
the requested Member State; or

after  having  entered  the  territory  of  the  requested  Member  State,  proceeded  to  enter
unlawfully  the  territory  of  the  Macao  SAR,  coming  directly  from  the  territory  of  the
requested Member State.

2)

The readmission obligation in paragraph 1 shall not apply if:

3)

4)

(a)

(b)

the person of another jurisdiction has been in airside transit via an International airport
of the requested Member State; or

the  Macao  SAR  has  issued  to  the  person  of  another  jurisdiction  a  residence
authorisation before or after entering its territory unless that person is in possession of a
residence permit, issued by the requested Member State, which has a longer period of
validity.

If two or more Member States issued a residence authorisation, 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.

At  the  request  of  the  Macao  SAR,  a  Member  State  shall,  as  necessary  and  without  delay,
issue the person to be readmitted with the travel document required for his or her return that
is of a period of validity of at least 6 (six) months. 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 concerned shall issue a new travel document with the same
period  of  validity  within  14  (fourteen)  days.  If  the  Member  State  has  not  replied  to  the
request by the Macao SAR within 15 (fifteen) days, it shall be deemed to accept the use of
the "Travel Permit of Exceptional Use" of the Macao SAR.

SECTION III. READMISSION PROCEDURE

Article 6
Principle

1)

Subject  to  paragraph  2,  a  transfer  of  a  person  to  be  readmitted  on  the  basis  of  one  of  the
obligations  contained  in  Articles  2  to  5  shall  require  the  submission  of  a  readmission
application to the competent authority of the requested Contracting Party.

11

2)

The  readmission  application  may  be  replaced  by  a  written  communication  to  the  requested
Contracting Party within a reasonable time period prior to the return of the person concerned
provided that

(a)

the  person  to  be  readmitted  is  in  possession  of  a  valid  travel  document  and,  where
applicable, a valid residence authorisation of the requested Contracting Party; and

(b)

the person to be readmitted is willing to return to the requested Contracting Party.

1)

Any readmission application is to contain the following information:

Article 7
Readmission application

a)

b)

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);

indication  of  the  means  which  provide  proof  or  valid  presumption  of  nationality  or
permanent residence and, where possible, copies of documents.

2)

To  the  extent  possible,  the  readmission  application  should  also  contain  the  following
information:

a)

b)

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

any  other  protection  or  security  measure  which  may  be  necessary  in  the  individual
transfer case.

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

Article 8
Means of evidence regarding nationality and permanent residence

Proof of nationality or permanent residence pursuant to Article 2 (1) and Article 4 (1) can be
furnished through the documents listed in annex 1 to this Agreement, even if their period of
validity has expired. If such documents are presented, the Member States shall recognise the
nationality,  and  the  Macao  SAR  shall  recognise  the  permanent  residence,  without  further
formalities.  Proof  of  nationality  or  permanent  residence  cannot  be  furnished  through  false
documents.

Valid presumption of nationality or permanent residence pursuant to Article 2 (1) and Article
4  (1)  can  be  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 shall
deem  the  nationality,  and  the  Macao  SAR  shall  deem  the  permanent  residence,  to  be
established unless they can prove otherwise.

If none of the documents listed in annexes 1 or 2 can be presented, the competent authorities
of the Macao SAR or the Member State concerned shall, upon request, make arrangements to
interview by any means the person to be readmitted without undue delay in order to establish
his or her nationality or permanent residence.

3)

1)

2)

3)

12

1)

2)

3)

1)

2)

3)

1)

2)

Article 9
Means of evidence regarding persons of another jurisdiction

Proof  of  the  conditions  for  the  readmission  of  persons  of  another  jurisdiction  laid  down  in
Article 3 (1) and Article 5 (1) can be 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 Contracting Parties without further formalities.

Prima facie evidence of the conditions for the readmission of persons of another jurisdiction
laid down in Article 3 (1) and Article 5 (1) can be furnished through the means of evidence
listed  in  annex  4  to  this  Agreement.  Where  such  prima  facie  evidence  is  presented,  the
Contracting  Parties  shall  deem  the  conditions  to  be  established  unless  they  can  prove
otherwise.

The unlawfulness of entry, presence or residence may be established by means of the travel
documents  of  the  person  concerned  being  missing,  or  in  which  the  necessary  visa  or  other
residence authorisation for  the  territory of the requesting  Member State or the Macao SAR
are missing. A statement by the competent authority of the requesting Contracting Party that
the  person  concerned  has  been  found  not  having  the  necessary  travel  documents,  visa  or
residence  authorisation  shall  likewise  provide  valid  presumption  of  the  unlawful  entry,
presence or residence.

Article 10
Time limits

The  application  for  readmission  must  be  submitted  to  the  competent  authority  of  the
requested Contracting Party within a maximum of one year after the requesting authority has
gained knowledge that a person of another jurisdiction 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, be extended but
only until the obstacles have ceased to exist.

A readmission application must be replied to without undue delay, and in any event within a
maximum  of  one  month;  reasons  shall  be  given  for  refusal  of  a  readmission  request.  This
time limit begins to run with the date of receipt of the readmission request. Upon expiry of
this time limit the transfer shall be deemed to have been agreed to.

After  agreement  has  been  given  or,  where  appropriate,  upon  expiry  of  the  one  month  time
limit, the person concerned shall be transferred without undue delay and, at the most, within
three  months.  Upon  application,  this  time  limit  may  be  extended  by  the  time  taken  to  deal
with legal or practical obstacles.

Article 11
Transfer modalities and modes of transportation

Before  returning  a  person,  the  competent  authorities  of  the  Macao  SAR  and  the  Member
State  concerned  shall  make  arrangements  in  writing  and  in  advance  regarding  the  transfer
date, the border crossing point and possible escorts.

No  means  of  transportation,  whether  by  air,  land  or  sea,  shall  be  prohibited  but,  as  a  rule,
return shall take place by air. Return by air is not restricted to the use of national carriers or
security  staff  of  the  requesting  Contracting  Party,  and  may  take  place  by  using  scheduled
flights as well as charter flights.

13

1)

2)

3)

4)

1)

2)

3)

SECTION IV. TRANSIT OPERATIONS

Article 12
Principles

The Macao SAR shall allow the transit of persons of another jurisdiction through its territory
if a Member State so requests, and a Member State shall authorise the transit of persons of
another jurisdiction through its territory if the Macao SAR so requests, if the onward journey
in possible other States of transit and the readmission by the State of destination is assured.

The  Member  States  and  the  Macao  SAR  should  restrict  the  transit  of  persons  of  another
jurisdiction  to  cases  where  such  persons  cannot  be  returned  to  the  State  of  destination
directly.

Transit  can  be  refused  by  the  Macao  SAR  or  a  Member  State  (a)  if  the  person  of  another
jurisdiction  runs  the  risk  of  persecution,  or  could  be  subjected  to  criminal  prosecution  or
sanctions in another State of transit or in the State of destination, or could be threatened by
criminal prosecution on the territory of the requested Member State or the Macao SAR; (b)
on  grounds  of  public  health,  domestic  security  or  other  fundamental  interests  of  the  legal
order.

The  Macao  SAR  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.

Article 13
Transit procedure

An application for transit must be submitted to the competent authorities in writing and is to
contain the following information:

a)

b)

c)

d)

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

the  particulars  of  the  person  concerned  (e.g.  given  name,  surname,  date  of  birth,  and
where possible place of birth, nationality, type and number of travel document);

envisaged border crossing point, time of transfer and possible use of escorts;

a declaration that from the viewpoint of the requesting Contracting Party the conditions
pursuant to Article 12 (2) are met, and that no reasons for a refusal pursuant to Article
12 (3) are known of.

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

The competent authority of the requested Contracting Party shall, without undue delay and in
writing, inform the  requesting competent  authority of the admission, confirming  the  border
crossing point and the envisaged time of admission, or inform it of the admission refusal and
of the reasons for such refusal.

If  the  transit  is  effected  by  air,  the  person  to  be  readmitted  and  possible  escorts  shall  be
exempted from having to obtain an airport transit visa.

14

4)

The  competent  authorities  of  the  requested  Contracting  Party  shall,  subject  to  mutual
consultations,  support  the  transit,  in  particular  through  the  surveillance  of  the  persons  in
question and the provision of suitable amenities for that purpose.

SECTION V. COSTS

Article 14
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 pursuant to this Agreement as far as the border of the State of
final destination shall be borne by the requesting Contracting Party.

SECTION VI. DATA PROTECTION AND NON AFFECTION CLAUSE

Article 15
Data Protection

1)

2)

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  the
Macao SAR or the Member States.

The  processing  and  treatment  of  personal  data  in  a  particular  case  shall  be  subject  to  the
Macao SAR law and, where the controller is a competent authority of a Member State, to the
provisions  of  Directive  95/46/EC6and  of  national  legislation  adopted  pursuant  to  this
Directive.

3)

Additionally, the following principles shall apply:

(a)

personal data must be processed fairly and lawfully;

(b)

(c)

personal  data  must  be  collected  for  the  specified,  explicit  and  legitimate  purpose  of
implementing  this  Agreement  and  not  further  processed  by  the  communicating  or  by
the recipient in a way incompatible with that purpose;

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.  surname,  given  name,  any
previous names, nicknames or pseudonyms, date and place of birth, sex, current
and any previous nationality);

identity  card  or  passport  (number,  period  of  validity,  date  of  issue,  issuing
authority, place of issue); stopping places and itineraries;

6

Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24  October  1995  on  the  protection  of
individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free  movement  of  such  data  (OJ  L  281
of23.11.1995, p. 31).

15

                                                
– 

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)

(f)

(g)

(h)

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;

both the communicating authority and the recipient 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 the
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;

upon request, the recipient shall inform the communicating authority of the use of the
communicated data and of the results obtained therefrom;

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  the  obligation  to  make  a
written record of the communication and receipt of personal data.

Article 16
Non affection clause

1)

2)

1)

This  Agreement  shall  be  without  prejudice  to  the  rights,  obligations  and  responsibilities
arising  from  International  Law  applicable  to  the  Community,  the  Member  States  and  the
Macao SAR.

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

SECTION VII. IMPLEMENTATION AND APPLICATION

Article 17
Readmission Committee

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 Readmission 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 execution of it;

(c)

to have a regular exchange of information on the implementing Protocols drawn up by
individual Member States and the Macao SAR pursuant to Article 18;

16

2)

3)

4)

5)

1)

2)

3)

(d)

to recommend amendments to this Agreement.

Recommendations  of  the  Readmission  Committee  for  amendment  of  the  annexes  to  this
Agreement may be approved by the Parties through a simplified procedure.

The  Readmission  Committee  shall  be  composed  by  representatives  of  the  Community  and
the Macao SAR; the Community shall be represented by the European Commission, assisted
by experts from Member States.

The  Readmission  Committee  shall  meet  where  necessary  at  the  request  of  one  of  the
Contracting Parties.

The Readmission Committee shall establish its rules of procedures.

Article 18
Implementing Protocols

The  Macao  SAR  and  a  Member  State  may  draw  up  implementing  Protocols  which  shall
cover rules on:

a)

b)

c)

the designation of the competent authorities, the border  crossing points, the exchange
of contact points and the languages in communication;

the conditions for transit of persons of another jurisdiction under escort;

means and documents additional to those listed in the annexes 1 to 4 to this Agreement.

The  implementing  Protocols  referred  to  in  paragraph  1  will  enter  into  force  only  after  the
Readmission Committee, established by Article 17, has been notified.

The Macao SAR 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.

Article 19
Relation to bilateral readmission agreements Article
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 18, be concluded between individual Member States and the Macao SAR, in so far as
the provisions of the latter are incompatible with those of this Agreement.

SECTION VIII. FINAL PROVISIONS

Article 20
Entry into force, duration and termination

1)

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

17

2)

3)

4)

This Agreement shall enter into force on the first day of the second month after the date on
which  the  Contracting  Parties  notify  each  other  that  the  procedures  referred  to  in  the  first
paragraph have been completed.

This  Agreement  shall  remain  in  force  indefinitely,  unless  terminated  in  accordance  with
paragraph 4 of this Article.

Each Contracting Party may terminate this Agreement by giving  written notice to the other
Contracting  Party.  This  Agreement  shall  cease  to  apply  six  months  after  the  date  of  such
notification.

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

Article 21
Annexes

Done at……on the day of……… in the year……… in…….duplicate, in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each of these
texts being equally authentic.

For the European Community For the Macao Special Administrative Region.

18

COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED
AS PROOF OF NATIONALITY OR PERMANENT RESIDENCE
(ARTICLES 2 (1); 3 (1); 4 (1) AND 5 (1))

MEMBER STATES:

Annex 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);

service books and military identity cards;

seaman's registration books and skippers' service cards;

official documents indicating the nationality of the person concerned.

MACAO:

– 

– 

– 

Macao  Special  Administrative  Region  Passports  (Passaporte  da  Regiao  Administrativa
Especial de Macau);

Permanent  Resident  Identity Card  of  the  Macao  Special  Administrative  Region  (Bilhete  de
Identidade de Residente Permanente da Regiao Administrativa Especial de Macau);

Official documents indicating the permanent residence status of the person concerned.

19

COMMON LIST OF DOCUMENTS
THE PRESENTATION OF WHICH IS CONSIDERED
AS VALID PRESUMPTION OF NATIONALITY OR
PERMANENT RESIDENCE
(ARTICLES 2 (1); 3 (1); 4 (1) AND 5 (1))

Annex 2

– 

– 

– 

– 

– 

photocopies of any of the documents listed in annex 1 to this Agreement;

Macao Resident Identity Card carrying date of first issue less than seven years ago;

birth certificates and 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 or the permanent residence
status of the person concerned, such as driving licences and company identity cards.

20

Annex 3

COMMON LIST OF DOCUMENTS
WHICH ARE CONSIDERED AS PROOF OF THE CONDITIONS FOR THE
READMISSION OF PERSONS OF ANOTHER JURISDICTION
(ARTICLE 3 (1); ARTICLE 5(1))

– 

– 

– 

– 

visa,  entry/departure  stamps  or  similar  endorsement  in  the  travel  document  of  the  person
concerned;

tickets  as  well  as  certificates  and  bills  of  any  kind  (e.g.  hotel  bills,  appointment  cards  for
doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the
person concerned stayed on the territory of the requested Member State or the Macao SAR;

railway  tickets  and  tickets  and/or  passenger  lists  of  air  or  boat  passages  which  show  the
itinerary on the territory of the requested state;

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

21

Annex 4

COMMON LIST OF DOCUMENTS
WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE CONDITIONS
FOR THE READMISSION OF PERSONS OF ANOTHER JURISDICTION
(ARTICLE 3 (1); ARTICLE 5(1))

– 

– 

– 

– 

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

description  of  place  and  circumstances  under  which  the  person  concerned  has  been
intercepted after entering the territory of the requesting Member State or the Macao SAR;

information  related  to  the  identity  and/or  stay  of  a  person  which  has  been  provided  by  an
International organisation;

reports/confirmation  of  information  by  family  members,  travelling  companions,  etc;
statement by the person concerned.

22

[Emblem of the Macao SARI]

………………………………..…………………………………..

………………………………..(Place and date)
(Designation of requesting authority)

Annex 5

Reference

………………………………………

To

..……………………………………..

..……………………………………..

..……………………………………..

(Designation of receiving authority)

READMISSION APPLICATION

pursuant to Article 7 of the Agreement of between the European Community and the Macao SAR
on the readmission of persons residing without authorisation

A. PERSONAL DETAILS

Photograph

1.

2.

3.

4.

5.

6.

7.

8.

9.

Full name (underline surname):
………………………………………

Maiden name:
………………………………………

Date and place of birth:
………………………………………

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

Father's and mother's name:
………………………………………

Also known as (earlier names, nicknames or pseudonyms):
………………………………………

Nationality and language:
………………………………………

Last residence in the requesting State:
………………………………………

Address in the requested State:
………………………………………

23

B. 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):

C. MEANS OF EVIDENCE ATTACHED

1………………………………………….…………………………………………

(type of document) (serial number, date and place of issue)

…………………………………………...…………………………………………
(issuing authority) (expiry date)

2………………………………………….…………………………………………

(type of document)(serial number, date and place of issue)

…………………………………………...…………………………………………
(issuing authority)(expiry date)

3..................................................................…………………………………………

(type of document)(serial number, date and place of issue)

…………………………………………...…………………………………………
(issuing authority) (expiry date)

4...................................................................…………………………………………

(type of document)(serial number, date and place of issue)

…………………………………………...…………………………………………
(issuing authority)(expiry date)

5………………………………………….…………………………………………

(type of document)(serial number, date and place of issue)

…………………………………………...…………………………………………
(issuing authority)(expiry date)

D. OBSERVATIONS

…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

………………………….
(Signature) (Seal/stamp)

24

[Emblem of the Macao SAR]

……………………………………………………………………………………..
 (Place and date)

Annex 6

……………………………………………
(Designation of requesting authority)

Reference

……………………………………………

To

……………………………………………
……………………………………………
……………………………………………
(Designation of receiving authority).

TRANSIT APPLICATION

pursuant to Article 13 of the Agreement of between
the European Community and the Macao SAR
on the readmission of persons residing without authorisation

A. PERSONAL DETAILS

Photograph

1.

2.

3.

4.

5.

6.

7.

8.

9.

Full name (underline surname):
………………………………………

Maiden name:
………………………………………

Date and place of birth:
………………………………………

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

Father's and mother's name:
………………………………………

Also known as (earlier names, nicknames or pseudonyms):
………………………………………

Nationality and language:
………………………………………

Last residence in the requesting State:
………………………………………

Address in the requested State:
………………………………………

25

B.TRANSIT OPERATION

1.

Type of transit

O by airO by seao by land

2.

3.

4.

5.

State of final destination

Possible other States of transit

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

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

O yes O no

6.

Knowledge of any reason for a refusal of transit

(Article 12 paragraph 3)

O yes O no

C. OBSERVATIONS

…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………

………………………….
(Signature) (Seal/stamp)

26

Joint declaration on stateless persons

"The Parties take note that, at present, no International Convention or agreement dealing with stateless
persons is applicable to the Macao SAR. They therefore agree that this category of persons shall be
covered by the definition of "person of another jurisdiction" in Article 1 (d)."

27

Joint declaration on visa

"The Parties take note that, under Macao's current Laws, visa are issued upon arrival only, and expire
upon departure from Macao. Consequently, it is legally impossible for a third

country national to enter an EU Member State while holding a valid visa for Macao.

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

28

Joint declaration on Article 3 paragraph 2 a)

"The Parties agree that persons of another jurisdiction who are "merely transiting without entering" in
the  meaning  of  Article  3  (2)  (a)  are  persons  whose  transit  is  taking  place  under  the  knowledge  or
escort of the competent authorities of the Macao SAR."

29

Joint Declaration concerning Denmark

"The  Contracting  Parties  take  note  that  this  Agreement  does  not  apply  to  the  territory  or  to  the
nationals of the Kingdom of  Denmark.  In  such  circumstances  it  is  appropriate  that  the  Macao  SAR
and Denmark conclude a readmission agreement in the same terms as this Agreement."

30

Joint Declaration concerning Iceland and Norway

"The  Contracting  Parties  take  note  of  the  close  relationship  between  the  European  Community  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  the  Macao  SAR  concludes  a  readmission
agreement with Iceland and Norway in the same terms as this Agreement".

31