Proposal for a Council Decision concerning the signing of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation
Date: 2004-02-12
Institutions: European Commission
Subjects: Albania, admission of aliens, agreement (EU), residence permit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.2.2004 
COM(2004) 92 final 

2004/0033 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community and the 
Republic of Albania 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 
Republic of Albania on the readmission of persons residing without authorisation 

(presented by the Commission) 

EN 

   EN 

 
 
 
 
  
EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The  Justice  and  Home  Affairs  (JHA)  Council  authorised  the  Commission  to  negotiate  a 
readmission agreement between the European Community and Albania, by its decision of 28 
November 2002. At the end of March 2003, the Commission transmitted a draft Readmission 
Agreement text to the Albanian authorities. The first negotiating round took place in Tirana 
on 15/16 May 2003. A second round took place in Brussels on 18 September, and a final one 
was  held  in  Tirana  on  5  November  2003.  The  Agreement  was  initialled  in  Brussels  on  18 
December 2003.  

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

On the part of the Community, the legal basis for the Agreement is Article 63 para. 3 lit. b), in 
conjunction with Article 300 TEC.  

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

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  Community  within  the  Joint 
Committee  set  up  by  Article  18  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 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  Joint  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  Joint 
Committee, it is proposed that the Community position will be adopted by the Council, acting 
by qualified majority, on a proposal by the Commission. 

II. 

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 Community. 

The final content of it can be summarised as follows: 

- 

- 

The Agreement is divided into 8 sections with 23 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 way, comprising own nationals (Articles 2 and 4) as well as third 

2 

 
 
  
 
- 

- 

- 

- 

- 

- 

- 

- 

- 

country  nationals  and  stateless  persons  (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.  

The  obligation  to  readmit  third  country  nationals  and  stateless  persons  (Articles  3 
and 5) is linked to the following prerequisites: (a) the person to be readmitted holds 
or  at  the  time  of  entry  held  a  valid  residence  authorisation  or  a  valid  visa  of  the 
requested  Party,  or  (b)  the  person  to  be  readmitted  entered  the  territory  of  the 
requesting Party after having stayed on, or transited through (lawfully or unlawfully) 
the territory of the requested Party. Exempted from these obligations are persons in 
airside transit and all persons to whom the requesting Party has either issued a visa or 
residence authorisation with a longer period of validity or where the visa or residence 
authorisation was obtained by using forged or falsified documents. 

In  return  for  the  Republic  of  Albania  agreeing  to  such  broad  obligations  regarding 
the  readmission  of  third-country  nationals  and  stateless  persons  (Articles  3  and  5), 
the European Community accepted the Albanian requests (1) to delay for two years 
the entry into force of these obligations (Article 22 para.2 and 3) and (2) to insert a 
“re-readmission clause” for cases of readmission in error (Article 12).  

Under  certain  circumstances,  the  Republic  of  Albania  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 13 and 14); 

Section III of the Agreement (Articles 6 to 12 in conj. with annexes 1 to 6) contains 
the necessary technical provisions regarding the readmission procedure (readmission 
application,  means  of  evidence,  time  limits,  transfer  modalities  and  modes  of 
transportation).  Some  procedural  flexibility  is  provided  by  the  fact  that  in  cases 
where the person to be readmitted is in possession of valid travel documents , only a 
written  communication  -  but  no  formal  submission  of  a  readmission  application  - 
will be needed (Article 6); 

Articles 15 to 17 contain the necessary rules on costs, data protection and the non-
affection of other International rights and obligations applicable to the Parties; 

The Committee of experts will be composed, and have the tasks and powers, as set 
out in Article 18; 

In order to execute this Agreement in practice, Article 19 empowers Member States 
to  conclude  bilateral  implementing  Protocols  with  the  Republic  of  Albania.  The 
relation  between  such  implementing  Protocols  and  this  Agreement  is  clarified  by 
Article 20; 

The final provisions (Art. 21 to 23) contain the necessary rules on entry into force, 
duration,  termination  and  the  legal  status  of  the  annexes  to  the  agreement.  As 
provided by Article 22, the Agreement shall enter into force on the first day of the 
second  month  following  the  notification  by  the  parties  that  the  respective  legal 
procedures  have  been  completed.  However,  Articles  3  and  5  relating  to  the 
readmission of third country nationals and stateless persons will only enter into effect 
two years after the entry into force of the Agreement. 

3 

 
 
  
 
- 

The  specific  situation  of  Denmark  is  reflected  in  the  preamble,  Article  1  lit.  a), 
Article 21 and in a joint declaration attached to the Agreement. The close association 
of  Norway  and  Iceland  to  the  implementation,  application  and  development  of  the 
Schengen Acquis is likewise reflected in a joint declaration to the Agreement. 

III. 

CONCLUSIONS 

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

- 

- 

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 Republic of Albania 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 
Republic of Albania 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,  paragraph  3  lit.  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  November  2002,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  the  Republic  of 
Albania on the readmission of persons residing without authorisation. 

Negotiations  for  the  Agreement  took  place  on  15  and  16  May,  18  September  and  5 
November 2003. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 18 December 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 Republic of Albania 
on the readmission of persons residing without authorisation. 

Done in Brussels, the………..of…………2004. 

For the Council 
The President 

1 

OJ C… 

5 

 
 
  
 
                                                 
2004/0033 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Republic of Albania 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,  paragraph  3  lit.  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 has negotiated on behalf of the European Community an Agreement 
with  the  Republic  of  Albania  on  the  readmission  of  persons  residing  without 
authorisation; 

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2004  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 Joint Committee which may take decisions having legal 
effect on certain technical matters. It is therefore appropriate to provide for simplified 
procedures for the establishment of the Community position in such cases.  

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Republic  of  Albania  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. 

2 
3  

OJ C… 
OJ C… 

6 

 
 
  
 
                                                 
The President of the Council shall give the notification provided for in Article 22 paragraph 2 
of the Agreement4. 

Article 2 

The Commission, assisted by experts from Member States, shall represent the Community in 
the Committee of experts established by Article 18 of the Agreement. 

Article 3 

Article 4 

The position of the Community within the Committee of experts with regard to the adoption 
of its rules of procedure as required under Article 18 (5) of the Agreement shall be taken by 
the Commission after consultation with a special committee designated by the Council. 

For all other Committee of experts' 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 in Brussels, the………of…………2004 

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 

 
 
  
 
                                                 
Annex 

AGREEMENT 

Between 
the Republic of Albania 

And 
the European Community 

on the readmission of persons residing without authorisation 

THE HIGH CONTRACTING PARTIES, 

THE EUROPEAN COMMUNITY hereinafter referred to as “the Community”, 

and 

THE REPUBLIC OF ALBANIA, hereinafter referred to as “Albania”, 

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

Desiring to establish, by means of this Agreement and on the basis of reciprocity, rapid 
and effective procedures for the identification and safe and orderly return of persons who 
do  not,  or  no  longer,  fulfil  the  conditions  for  entry  to,  presence  in,  or  residence  on  the 
territories  of  Albania  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  Community,  the  Member  States  of  the  European  Union  and 
Albania arising from International Law and, in particular, from the European Convention 
of 4 November 1950 for the Protection of Human Rights, the Convention of 28 July 1951 
and  the  Protocol  of  31  January  1967  on  the  Status  of  Refugees,  and  International 
instruments on extradition; 

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: 

8 

 
 
  
 
 
Article 1 
Definitions 

For the purpose of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(1) 

“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. 

“National  of  Albania”  shall  mean  any  person  who  holds  the  nationality  of 
Albania. 

“Third-country  national”  shall  mean  any  person  who  holds  a  nationality  other 
than that of Albania or one of the Member States. 

“Stateless person” shall mean any person who does not hold a nationality.  

“Residence authorisation” shall mean a permit of any type issued by Albania 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 Albania 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. 

Section I 
Readmission obligations by Albania 

Article 2 
Readmission of own nationals 

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

The  same  shall  apply  to  persons  who  have  been  deprived  of,  or  who  have 
renounced,  the  nationality  of  Albania  since  entering  the  territory  of  a  Member 
State,  unless  such  persons  have  at  least  been  promised  naturalisation  by  that 
Member State.  

9 

 
 
  
 
 
(2) 

(1) 

Albania  shall,  as  necessary  and  without  delay,  issue  the  person  whose 
readmission has been accepted with the travel document required for his or her 
return  with  a  period  of  validity  of  at  least  6  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, Albania shall, within 14 calendar 
days extend the validity of the travel document or, where necessary, issue a new 
travel document with the same period of validity. If Albania has not, within 14 
calendar  days  issued  the  travel  document,  extended  its  validity  or,  where 
necessary,  renewed  it, it  shall  be  deemed  to  accept  the  use  of  the  EU  standard 
travel document for expulsion purposes5. 

Article 3 
Readmission of third-country nationals and stateless persons 

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

a) 

b) 

hold  or  at  the  time  of  entry  held  a  valid  visa  or  residence  authorisation 
issued by Albania; or 

entered  the  territory  of  the  Member  States  after  having  stayed  on,  or 
transited through, the territory of Albania.  

(2) 

The readmission obligation in paragraph 1 shall not apply if  

a) 

b) 

- 

- 

the  third  country  national  or  stateless  person  has  only  been  in  airside 
transit via an International airport of Albania; or 

the  requesting  Member  State  has  issued  to  the  third  country  national  or 
stateless person a visa or residence authorisation before or after entering its 
territory unless 

that  person  is  in  possession  of  a  visa  or  residence  permit,  issued  by  
 Albania, which has a longer period of validity; or 

the visa or residence authorisation issued by the requesting Member State 
has been obtained by using forged or falsified documents. 

5 

Council  recommendation  of  30  November  1994  concerning  the  adoption  of  a  standard  travel 
document for the expulsion of third-country nationals (OJ C 274 of 19.9.1996, p.18). 

10 

 
 
  
 
                                                 
(3) 

(1) 

(2) 

Albania  shall,  as  necessary  and  without  delay,  issue  the  person  whose 
readmission has been accepted with the travel document required for his or her 
return  with  a  period  of  validity  of  at  least  6  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, Albania shall within 14 calendar 
days extend the validity of the travel document or, where necessary, issue a new 
travel document with the same period of validity. If Albania has not within 14 
calendar  days  issued  the  travel  document,  extended  its  validity  or,  where 
necessary,  renewed  it, 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 nationals 

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

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 
Albania  unless  such  persons  have  at  least  been  promised  naturalisation  by 
Albania. 

A Member State shall, as necessary and without delay, issue the person whose 
readmission has been accepted with the travel document required for his or her 
return  with  a  period  of  validity  of  at  least  6  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  within  14  calendar  days  extend  the  validity  of  the  travel  document  or, 
where necessary, issue a new travel document with the same period of validity. 
If the Member State concerned has not within 14 calendar days issued the travel 
document,  extended  its  validity  or,  where  necessary,  renewed  it,  it  shall  be 
deemed to accept the use of the Albanian certificate for expulsion purposes6. 

6 

Endorsed by Instruction N° 553 of 19 November 2003 of the acting Minister of Foreign Affairs on 
the issuing of laissez-passer by the Albanian representations for returns to Albania.  

11 

 
 
  
 
                                                 
Article 5 
Readmission of third-country nationals and stateless persons 

(1) 

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

a) 

b) 

hold  or  at  the  time  of  entry  held  a  valid  visa  or  residence  authorisation 
issued by the requested Member State; or 

entered  the  territory  of  Albania  after  having  stayed  on,  or  transited 
through, the territory of the requested Member State. 

(2) 

The readmission obligation in paragraph 1 shall not apply if  

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)  Albania has issued to the third country national or stateless person a visa 
or residence authorisation 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 

the visa or residence authorisation issued by Albania has been obtained by 
using forged or falsified documents. 

The readmission obligation in paragraph 1 is for the Member State that issued a 
visa or residence authorisation. If two  or more  Member States issued a visa or 
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. 
If no such documents can be presented, the readmission obligation in paragraph 
1 is for the Member State of last exit. 

A Member State shall, as necessary and without delay, issue the person whose 
readmission has been accepted with the travel document required for his or her 
return  with  a  period  of  validity  of  at  least  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  within  14  calendar  days  extend  the  validity  of  the  travel  document  or, 
where necessary, issue a new travel document with the same period of validity. 
If the Member State concerned has not within 14 calendar days issued the travel 

(3) 

(4) 

12 

 
 
  
 
document,  extended  its  validity  or,  where  necessary,  renewed  it,  it  shall  be 
deemed to accept the use of the Albanian certificate for expulsion purposes . 

SECTION III 
READMISSION PROCEDURE 

Article 6 
Principle 

(1) 

(2) 

Subject to paragraph 2, any 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 State.  

The readmission application may be replaced by a written communication to the 
competent authority of the requested State within a reasonable time period prior 
to the return of the person concerned provided that the person to be readmitted is 
in possession of a valid travel document and, where applicable, a valid visa or 
residence authorisation of the requested State.  

Article 7 
Readmission application 

(1) 

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

(a) 

(b) 

the particulars of the person to be readmitted (e.g. given names, surnames, 
date  of  birth,  and  –  where  possible  –  place  of  birth,  father’s  name, 
mother’s name, and the last place of residence); 

indication  of  the  means  with  which  proof  or  prima  facie  evidence  of 
nationality,  transit,  the  conditions  for  the  readmission  of  third-country 
nationals  and  stateless  persons  and  unlawful  entry  and  residence  will  be 
provided. 

(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  that  the  person  concerned  has  explicitly  consented  to  the 
statement; 

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

(3) 

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

13 

 
 
  
 
(1) 

(2) 

(3) 

(1) 

(2) 

(3) 

Article 8 
Means of evidence regarding nationality 

Proof of nationality pursuant to Article 2 (1) and Article 4 (1) can be particularly 
furnished  through  any  of  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  and  Albania  shall  mutually  recognise  the  nationality  without 
further  investigation  being  required.  Proof  of  nationality  cannot  be  furnished 
through false documents. 

Prima facie evidence of nationality pursuant to Article 2 (1) and Article 4 (1) can 
be particularly furnished through any of 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  Albania  shall  deem  the  nationality  to  be 
established, unless they can prove otherwise. Prima facie evidence of nationality 
cannot be furnished through false documents. 

If  none  of  the  documents  listed  in  annexes  1  or  2  can  be  presented,  the 
competent  diplomatic  and  consular  representations  of  Albania  or  the  Member 
State concerned shall, upon request, make arrangements to interview the person 
to be readmitted without undue delay in order to establish his or her nationality. 

Article 9 
Means of evidence regarding third-country nationals and stateless persons 

Proof  of  the  conditions  for  the  readmission  of  third-country  nationals  and 
stateless persons laid down in Article 3 (1) and Article 5 (1) shall be particularly 
furnished  through  any  of  the  means  of  evidence  listed  in  annex  3  to  this 
Agreement;  it  cannot  be  furnished  through  false  documents.  Any  such  proof 
shall  be  mutually  recognised  by  the  Member  States  and  Albania  without  any 
further investigation being required. 

Prima  facie  evidence  of  the  conditions  for  the  readmission  of  third-country 
nationals and stateless persons laid down in Article 3 (1) and Article 5 (1) shall 
be particularly furnished through any of 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  Albania  shall  deem 
the conditions to be established, unless they can prove otherwise. 

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 authorisation for the territory of the requesting State are missing. 
A statement by the requesting state that the person concerned has been found not 
having  the  necessary  travel  documents,  visa  or  residence  authorisation  shall 
likewise  provide  prima  facie  evidence  of  the  unlawful  entry,  presence  or 
residence. 

14 

 
 
  
 
Article 10 
Time limits  

(1) 

(2) 

(3) 

(1) 

(2) 

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

A  readmission  application  must  be  replied  to  without  undue  delay,  and  in  any 
event within a maximum of 14 calendar days; 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. If there was no reply within this time limit, the transfer 
shall be deemed to have been agreed to. 

After  agreement  has  been  given  or,  where  appropriate,  after  expiry  of  the  14 
calendar day time limit, the person concerned shall be transferred without undue 
delay and, at the most, within three months. Upon application by the requesting 
State,  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 Albania and the Member 
State  concerned  shall  make  arrangements  in  writing  in  advance  regarding  the 
transfer date, the point of entry, possible escorts and other information relevant 
to the transfer.  

No  means  of  transportation,  whether  by  air,  land  or  sea,  shall  be  prohibited. 
Return by air shall not be restricted to the use of the national carriers of Albania 
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 from 
Albania or any Member State.  

Article 12 
Readmission in error 

Albania shall take back without delay any person readmitted by a Member State, and a 
Member  State  shall  take  back  without  delay  any  person  readmitted  by  Albania,  if  it  is 
established, within a period of 3 months after the transfer of the person concerned, that 
the  requirements  laid  down  in  Articles  2  to  5  of  this  Agreement  were  not  met.  In  such 
cases,  the  competent  authorities  of  Albania  and  the  Member  State  concerned  shall  also 

15 

 
 
  
 
exchange  all  available  information  relating  to  the  actual  identity,  nationality  or  transit 
route of the person to be taken back. 

SECTION IV 
TRANSIT OPERATIONS 

Article 13 
Principles 

(1) 

(2) 

The  Member  States  and  Albania  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. 

Albania 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 Albania 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 Albania 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 prosecution or 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) 

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

issued 

16 

 
 
  
 
Article 14 
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) 

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, 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); 

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

a  declaration  that  in  the  view  of  the  requesting  State  the  conditions 
pursuant  to  Article  13  (2)  are  met,  and  that  no  reasons  for  a  refusal 
pursuant to Article 13 (3) are known of. 

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

(2) 

(3) 

(4) 

The  requested  State  shall,  within  5  calendar  days  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  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.  

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 15 
Transport and transit costs 

Without prejudice to the right of the competent authorities to recover the costs associated 
with the readmission from the person to be readmitted or third parties, all transport costs 
incurred  in  connection  with  readmission  and  transit  operations  pursuant  to  this 

17 

 
 
  
 
Agreement  as  far  as  the  border  of  the  State  of  final  destination  shall  be  borne  by  the 
requesting State. 

SECTION VI 
DATA PROTECTION AND NON-AFFECTION CLAUSE 

Article 16 
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 
Albania 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 Albania and, where the 
controller  is  a  competent  authority  of  a  Member  State,  to  the  provisions  of  Directive 
95/46/EC7 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.  

7 

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 of 23.11.1995, p. 31). 

18 

 
 
  
 
                                                 
(e) 

(f) 

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  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 
therefrom. 

(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 17 
Non-affection clause 

(1) 

This  agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 
responsibilities of the Community, the Member States and Albania arising from 
International  Law  and,  in  particular,  from  the  European  Convention  of  4 
November 1950 for the Protection of Human Rights, the Convention of 28 July 
1951  and  the  Protocol  of  31  January  1967  on  the  Status  of  Refugees,  and 
International instruments on extradition. 

(2) 

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

SECTION VII 
IMPLEMENTATION AND APPLICATION 

Article 18 
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 

19 

 
 
  
 
(a) 

to monitor the application of this Agreement; 

(b) 

c) 

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

to  have  regular  exchanges  of  information  on  the  implementing  Protocols 
drawn up by individual Member States and Albania pursuant to Article 19;  

d) 

to decide on amendments to the annexes to this Agreement; 

e) 

to recommend amendments to this Agreement. 

(2) 

(3) 

(4) 

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

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

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 19 
Implementing Protocols 

(1) 

Albania and a Member State may draw up implementing Protocols which shall 
cover rules on 

a) 

b) 

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

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. 

(2) 

(3) 

The implementing Protocols referred to in paragraph 1 shall enter into force only 
after the readmission committee, referred to in Article 18, has been notified. 

Albania  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. 

20 

 
 
  
 
Article 20 
Relation to bilateral readmission agreements 
or arrangements of Member States 

The  provisions  of  this  Agreement  shall  take  precedence  over  the  provisions  of  any 
bilateral  agreement  or  arrangement  on  the  readmission  of  persons  residing  without 
authorisation which have been or may, under Article 19, be concluded between individual 
Member States and Albania. 

SECTION VIII 
FINAL PROVISIONS 

Article 21 
Territorial application 

(1) 

Subject to paragraph 2, this Agreement shall apply to the territory in which the 
Treaty establishing the European Community is applicable and to the territory of 
Albania. 

(2) 

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

Article 22 
Entry into force, duration and termination  

(1) 

(2) 

(3) 

(4) 

(5) 

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

Subject to paragraph 3, 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  have  been 
completed. 

Articles  3 and  5  of  this  Agreement  shall  enter into  force  2  years  after the  date 
referred to in paragraph 2. 

This Agreement is concluded for an unlimited period. 

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. 

21 

 
 
  
 
Article 23 
Annexes  

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

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

For the European Community 

For the Republic of Albania  

(…) 

(…) 

22 

 
 
  
 
 
 
 
Annex 1 

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

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

- 

- 

- 

- 

- 

23 

 
 
  
 
Annex 2 

COMMON LIST OF DOCUMENTS 
THE PRESENTATION OF WHICH IS CONSIDERED AS 
PRIMA FACIE EVIDENCE OF NATIONALITY 
(ARTICLES 2 (1), 3 (1), 4 (1) AND 5 (1)) 

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

driving licenses or photocopies thereof; 

birth certificates or photocopies thereof; 

company identity cards or photocopies thereof; 

statements by witnesses; 

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

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

- 

- 

- 

- 

- 

- 

- 

24 

 
 
  
 
Annex 3 

Common list of documents 
which are considered as proof of the conditions for the 
readmission of third country nationals and stateless persons  
(Article 3 (1), Article 5 (1)) 

- 

- 

- 

- 

- 

- 

entry/departure  stamps  or  similar  endorsement  in  the  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,  appointments  for 
medical  or  hospital  treatment,  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; 

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

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

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

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

25 

 
 
  
 
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  
(Article 3 (1), Article 5 (1)) 

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

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. 

- 

- 

- 

- 

26 

 
 
  
 
Annex 5 

[Emblem of Albania] 

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

…………………………………………… 

(Place and date) 

Reference:  
............................................…………… 

To 
.................................................................. 
.................................................................. 
.................................................................. 

(Designation of receiving authority) 

READMISSION APPLICATION 

pursuant to Article 7 of the Agreement of ...........between  
the European Community and the Republic of Albania 
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: 

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

4.  Father’s name, mother’s name: 

Photograph 

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

5.  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: 

...................................................................................................................……….. 

27 

 
 
  
 
 
 
 
 
 
8.  Civil status: (cid:0)married (cid:0) single (cid:0) divorced (cid:0) widowed 

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

Names and age of children (if any) 

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

  ………….………………....………………….......................... 

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

9.  Last address in the requesting State: 

..............................................................................................................………....... 

B. 

1. 

SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

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) 

28 

 
 
  
 
 
 
 
D. 

OBSERVATIONS 

...................................................................................................................................................................... 
...................................................................................................................................................................... 
...................................................................................................................................................................... 
..........................................................................................………………………………………………… 

................................................... 
(Signature of the requesting authority) (Seal/stamp) 

29 

 
 
  
 
Emblem of Albania 

Annex 6 

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

…………………………………………… 

(Place and date) 

Reference:  
............................................…………… 

To 
.................................................................. 
.................................................................. 
.................................................................. 

(Designation of receiving authority) 

TRANSIT APPLICATION 
pursuant to Article 14 of the Agreement of ...........between 
the European Community and the Republic of Albania 
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, nicknames or pseudonyms): 

..........................................................................................................................................….. 

6.  Nationality and language: 

...........................................................................................................................................…. 

7.  Type and number of travel document: 

...........................................................................................................................................…. 

30 

 
 
  
 
 
 
 
 
 
 
 
B. 

TRANSIT OPERATION 

1.  Type of transit 

(cid:137)  by air 

(cid:137)  by sea 

(cid:137)  by land 

2.  State of final destination 
  ………………………………………………………………………………………………………. 
3.  Possible other States of transit 
  ………………………………………………………………………………………………………. 
4.  Proposed border crossing point, date, time of transfer and possible escorts 
  ………………………………………………………………………………………………………. 
  ………………………………………………………………………………………………………. 
  ………………………………………………………………………………………………………. 
5.  Admission guaranteed in any other transit State and in the State of final destination  

(Article 13 paragraph 2) 

(cid:137)  yes 

(cid:137)  no 

6.  Knowledge of any reason for a refusal of transit 

(Article 13 paragraph 3) 

(cid:137)  yes 

(cid:137)  no 

C. 

OBSERVATIONS 

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

................................................... 
(Signature of the requesting authority) (Seal/stamp) 

31 

 
 
  
 
 
 
Joint  Declaration  on  the  relation  to  the  future  Stabilisation  and 
Association Agreement 

“The Parties take note that, on 31 January 2003, negotiations have been launched on the 
conclusion of a Stabilisation and Association Agreement (SAA) between Albania, on the 
one part, and the Community and its Member States, on the other part, which will also 
include provisions on the prevention and control of illegal immigration and readmission. 
The  Parties  therefore  agree  that  this  Agreement  will  be  fully  taken  into  account  in  the 
relevant provisions of the SAA.” 

32 

 
 
  
 
 
Joint Declaration on Article 3 

“The  Parties  take  note  that  the  readmission  obligation  vis-à-vis  third-country  nationals 
and  stateless  persons  holding  a  valid  visa  issued  by  Albania  (Article  3  (1)  (a)  of  this 
Agreement)  shall  only  apply  if  the  visa  has  been  used  for  entering  the  territory  of 
Albania.” 

33 

 
 
  
 
Joint Declaration on Article 18 

“The  meeting  of  the  Joint  Readmission  Committee  shall  be  held,  wherever  possible,  in 
parallel  with  the  relevant  Sub-Committee  set  up  under  the  future  Stabilisation  and 
Association Agreement. 

It shall keep that Sub-Committee informed of its work. 

The rules of procedures of the Joint Readmission Committee shall be compatible with the 
rules of procedure of that Sub-Committee.” 

34 

 
 
  
 
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  Albania  and  Denmark  conclude  a  readmission 
agreement in the same terms as this Agreement.”  

35 

 
 
  
 
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 
Albania concludes a readmission agreement with Iceland and Norway in the same terms 
as this Agreement. “  

36