Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation - Declarations
Date: 2004-06-04
Institutions: European Community, Sri Lanka
Subjects: Sri Lanka, agreement (EU), illegal migration, removal, residence permit

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Official Journal of the European Union

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between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission
of persons residing without authorisation

AGREEMENT

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

and

THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA, hereinafter referred to as ‘Sri Lanka’,

hereinafter referred to as ‘the Contracting Parties’,

DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,

CONCERNED at the significant increase in the activities of organised criminal groups in the smuggling of
migrants and other related criminal activities,

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 Sri Lanka or one of the Member
States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,

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 Sri Lanka under
International Law,

CONSIDERING that the provisions of this Agreement, that fall 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:

Article 1

(e)

Definitions

For the purpose of this Agreement:

(a)

‘Member State’ shall mean any Member State of the
European Union, with the exception of the Kingdom of
Denmark;

(b)

‘National of a Member State’ shall mean any person who
holds
as defined for Community
the nationality,
purposes, of a Member State;

(c)

‘National of Sri Lanka’ shall mean any person who holds
the citizenship of Sri Lanka;

‘Stateless person’ shall mean any person who does not
hold a nationality. This shall not include persons who
have been deprived of, or who have renounced, their
nationality since entering the territory of Sri Lanka or
one of
the Member States respectively unless such
persons have at least been promised naturalisation by
that State;

(f)

‘Residence authorisation’ shall mean a permit of any type
issued by Sri Lanka 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;

(d)

‘Third-country national’ shall mean any person who
holds a nationality or citizenship other than that of Sri
Lanka or one of the Member States;

(g)

‘Visa’ shall mean an authorisation issued or a decision
taken by Sri Lanka 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.

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SECTION I

2. The readmission obligation in paragraph 1 shall not apply
if:

READMISSION OBLIGATIONS BY SRI LANKA

Article 2

Readmission of own nationals

further

formalities other

Sri Lanka shall readmit, upon application by a Member
1.
than those
State and without
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
established on the basis of prima facie evidence furnished, that
they are nationals of Sri Lanka.

2. At the request of a Member State, Sri Lanka 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 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, Sri Lanka shall extend the validity of the travel
document or, where necessary, issue a new travel document
with the same period of validity expeditiously, which shall
normally be within 14 calendar days and not exceed 30
calendar days. If Sri Lanka has not acknowledged receipt of the
request of a Member State within 30 calendar days, it shall be
deemed to accept the use of the common provisional travel
document for return purposes, which is attached as Annex 7
to this Agreement.

(a)

(b)

the third country national or stateless person has only
been in airside transit via Colombo international airport;
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 Sri Lanka, which has a longer period of validity.

3. At the request of a Member State, Sri Lanka 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 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, Sri Lanka shall issue a new travel document
with the same period of validity expeditiously, which shall
normally be within 14 calendar days and not exceed 30
calendar days. If Sri Lanka has not acknowledged receipt of the
request of a Member State within 30 calendar days, it shall be
deemed to accept the use of the common provisional travel
document for return purposes, which is attached as Annex 7
to this Agreement.

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Article 3

Readmission of own nationals

Readmission of third-country nationals and stateless
persons

further

formalities other

Sri Lanka shall readmit, upon application by a Member
1.
State and without
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 established on the basis of prima
facie evidence furnished, that such persons:

(a)

the time of entry held a valid visa or residence

at
authorisation issued by Sri Lanka; or

(b)

entered the territory of the Member States unlawfully
coming directly from the territory of Sri Lanka. A person
comes directly from Sri Lanka within the meaning of this
subparagraph if he or she arrived on the territory of the
Member States by air or ship without having entered
another country in-between.

further

formalities other

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

2. At the request of Sri Lanka, 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 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 extend the
validity of the travel document or, where necessary, issue a
new travel document with the same period of validity
expeditiously, which shall normally be within 14 calendar
days and not exceed 30 calendar days. If the Member State
concerned has not acknowledged receipt of the request of Sri
Lanka within 30 calendar days, it shall be deemed to accept
the use of the common provisional travel document for return
purposes, which is attached as Annex 7 to this Agreement.

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Article 5

Readmission of third-country nationals and stateless
persons

further

formalities other

1. A Member State shall readmit, upon application by Sri
Lanka and without
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 Sri Lanka provided that it is proved, or may be
validly established on the basis of prima facie evidence
furnished, that such persons:

(a)

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

(b)

entered the territory of Sri Lanka unlawfully coming
directly from the territory of the requested Member State.
A person comes directly from the territory of
the
this
requested Member State within the meaning of
subparagraph if he or she arrived in Sri Lanka by air or
ship without having entered another country in-between.

the common provisional

of
purposes, which is attached as Annex 7 to this Agreement.

travel document

for

return

SECTION III

READMISSION PROCEDURE

Article 6

Principle

1.
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.

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 visa or
residence authorisation of the requested State; and

2. The readmission obligation in paragraph 1 shall not apply
if:

(b)

the person to be readmitted is willing to return to the
requested State.

(a)

(b)

the third country national or stateless person has only
been in airside transit via an international airport of the
requested Member State; or

Sri Lanka 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.

3.
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 para-
graph 1 is for the Member State that issued the document with
the most recent expiry date.

4. At the request of Sri Lanka, 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 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 expedi-
tiously, which shall normally be within 14 calendar days and
not exceed 30 calendar days. If the Member State concerned
has not acknowledged receipt of the request of Sri Lanka
within 30 calendar days, it shall be deemed to accept the use

Article 7

Readmission application

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

(a)

the particulars of the person to be readmitted (e.g. given
name, surname, maiden name, earlier names, nicknames
or pseudonyms, date and place of birth, sex, physical
description, father’s and mother’s name, current and any
previous nationality,
language, civil status, names of
spouse, children (if any) or other next of kin, last place of
residence, passport or identity card number, driving
licence, schools attended);

(b)

indication of the means with which proof or prima facie
evidence of nationality, transit and unlawful entry and
residence will be provided.

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

(a)

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

(b)

any other protection 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.

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Article 8

Means of evidence regarding nationality

concerned has been found not to have the necessary travel
documents, visa or residence authorisation shall
likewise
provide prima facie evidence of the unlawful entry, presence
or residence.

1.
Proof of nationality pursuant to Articles 2(1) and 4(1)
can, in particular, be provided 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
and Sri Lanka 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 Articles 2
2.
(1) and 4(1) can,
in particular, be provided through the
documents listed in Annex 2 to this Agreement, even if their
period of validity has expired. Prima facie evidence of
nationality cannot be provided through false documents.

3.
Save in the case of availability of authentic documents as
listed in Annex 1, the competent diplomatic representation of
Sri Lanka or the Member State concerned may, whenever
necessary and 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

1.
Proof of the conditions for the readmission of third-
country nationals and stateless persons laid down in Articles 3
(1) and 5(1) shall,
in particular, be provided through the
means of evidence listed in Annex 3 to this Agreement; it
cannot be provided through false documents. Any such proof
shall be mutually recognised by the Contracting Parties
without any further investigation being required.

Article 10

Time limits

1. 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,
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.

fulfil

2. A readmission application must be replied to without
undue delay, and normally within a period of 15 calendar days
and not exceed 30 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 acknowledgement of receipt within this time limit the
transfer shall be deemed to have been agreed to.

3. After agreement has been given or, where appropriate, if
no acknowledgement was given within the 30 calendar-day
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

2.
Prima facie evidence of the conditions for readmission of
third-country nationals and stateless persons laid down in
Articles 3(1) and 5(1) shall, in particular, be provided through
the means of evidence listed in Annex 4 to this Agreement; it
cannot be provided through false documents. Where such
prima facie evidence is presented, the Member States and Sri
Lanka shall deem the conditions to be established, unless they
can prove otherwise. In doubtful cases the Contracting Parties
will consult with a view to interviewing, without undue delay,
the person to be readmitted.

3. The unlawfulness of entry, presence or residence shall be
established by means of the travel documents of the person
concerned in which the necessary visa or other residence
authorisation for the territory of the requesting State are
missing. A statement by the requesting State that the person

1. Before returning a person, the competent authorities of
Sri Lanka and the Member State concerned shall make
arrangements in writing and in advance regarding the transfer
date, the point of entry, possible escorts and other information
relevant to the transfer.

2. 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 the Contracting Parties and may
take place by using scheduled flights as well as 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 Sri Lanka or
any other Member State. Sri Lanka and the Member State
concerned shall carry out prior mutual consultations on the
modalities of charter flights.

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SECTION IV

TRANSIT OPERATIONS

Article 12

Principles

(c)

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

(d)

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

1. The Member States and Sri Lanka 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.

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

2.
Sri Lanka 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 Sri Lanka so requests, only if
the onward journey in other possible States of transit and the
readmission by the State of destination is assured.

inform the requesting State of

2. The requested State shall, without undue delay and in
writing,
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.

3. Transit can be refused by Sri Lanka or a Member State

(a)

if the third-country national or the stateless person runs
the risk of persecution, or could be subject 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
State; or

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

4.
Sri Lanka or a Member State may revoke any authorisa-
tion 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

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

(a)

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

(b)

the particulars of the person concerned (e.g. given name,
surname, maiden name, nicknames or pseudonyms, date
sex and, where possible, place of birth,
of birth,
travel
nationality,
document);

and number of

language,

type

3.
If the transit operation is effected by air, the person to be
readmitted and possible escorts shall be exempt from having
to obtain an airport transit visa.

4. The competent authorities of the requested State shall,
subject to mutual consultations, support the transit opera-
tions, 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 opera-
tions pursuant to this Agreement as far as the border of the
State of final destination shall be borne by the requesting
State.

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SECTION VI

(d) personal data must be accurate and, where necessary,

kept up to date;

DATA PROTECTION AND NON-AFFECTION CLAUSE

(e)

Article 15

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 Sri Lanka 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 Sri Lanka and, where the controller is
a competent authority of a Member State, to the provisions of
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, 23.11.1995, p. 31) 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;

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

(f)

both the communicating authority and the 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 that 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)

inform the commu-
upon request, the recipient shall
nicating 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 the obligation to make a written record of the
communication and receipt of personal data.

(b) 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;

Article 16

Non-affection clause

(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.
surnames, any previous names,
given names,
nicknames or pseudonyms,
and
sex,
mother’s name, date and place of birth, current
and any previous nationality, last place of residence,
schools attended, civil status, names of spouse and
children, if any, and names of other next of kin),

father’s

1. This Agreement shall be without prejudice to the rights,
obligations and responsibilities of
the
Member States and Sri Lanka arising from International Law
and, in particular, from any applicable International Conven-
tion or agreement to which they are Parties.

the Community,

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

SECTION VII

IMPLEMENTATION AND APPLICATION

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

Article 17

Joint Readmission Committee

— stopping places and itineraries,

— other information needed to identify the person to
to examine the readmission

be transferred or
requirements pursuant to this Agreement;

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 Joint Committee)
which will, in particular, have the task:

(a)

to monitor the application of this Agreement;

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(b)

(c)

(d)

(e)

to decide on implementing arrangements necessary for
the uniform execution of it;

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

to decide on specific implementing arrangements aiming
at an orderly management of return flows;

to decide on amendments to the Annexes to this
Agreement;

(f)

to recommend amendments to this Agreement.

2. The decisions of the Joint Committee shall be binding on
the Parties.

3. The Joint Committee shall be composed by representa-
tives of the Community and Sri Lanka; the Community shall
be represented by the Commission of the European Commu-
nities, assisted by experts from Member States.

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

5. The Joint Committee shall establish its rules of proce-
dures.

Article 18

Implementing Protocols

Sri Lanka and a Member State may draw up implementing

1.
Protocols which shall cover rules on:

(a)

(b)

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

the 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. The implementing Protocols referred to in paragraph 1
will enter
the Joint Readmission
Committee (Article 17) has been notified.

into force only after

agrees

Sri Lanka

an
3.
implementing Protocol drawn up with one Member State
also in its relations with any other Member State upon request
of the latter.

to apply any provision of

Article 19

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 18, be concluded
between individual Member States and Sri Lanka, in so far as
the provisions of the latter are incompatible with those of this
Agreement.

SECTION VIII

FINAL PROVISIONS

Article 20

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 Sri Lanka.

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

Article 21

Entry into force, duration and termination

1. This Agreement shall be ratified or approved by the
Contracting Parties
respective
procedures.

in accordance with their

2. 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.

3. This Agreement is concluded for an unlimited period.

4.
Each Contracting Party may denounce this Agreement by
officially notifying the other Contracting Party. This Agree-
ment shall cease to apply six months after the date of such
notification.

Article 22

Annexes

Annexes 1 to 7 shall form an integral part of this Agreement.

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Done at Colombo on the fourth day of June in the year two thousand and four in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Sinhala and Tamil
languages, each of these texts being equally authentic.

For the European Community

For the Democratic Socialist Republic of
Sri Lanka

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ANNEX 1

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

(Article 2(1), article 3(1), article 4(1) and article 5(1))

— valid or expired passports of any kind, issued by official authorities of the Member States or Sri Lanka (national
passports, diplomatic passports, service passports and, where applicable, collective passports and surrogate
passports including children’s passports),

— valid identity cards of any kind, issued by official authorities of the Member States or Sri Lanka (including

temporary and provisional ones),

— citizenship certificates or other official documents that mention or indicate citizenship;

— service books and military identity cards,

— seaman‘s registration books and skippers’ service cards.

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ANNEX 2

Common list of documents the presentation of which is considered as prima facie evidence of nationality

(Article 2(1), article 3(1), article 4(1) and article 5(1))

— photocopies (*) of any of the documents listed in Annex 1 to this Agreement,

— photocopies (*) of citizenship certificates and other official documents that mention or indicate citizenship,

— driving licences or photocopies (*) thereof,

— birth certificates or photocopies (*) thereof,

— any other official document issued by the authorities of the requested State,

— company identity cards or photocopies (*) thereof,

— statements by witnesses,

— statements made by the person concerned and language spoken by him or her.

(*)

For the purpose of this Annex, the term ‘photocopies’ means photocopies officially made by authorities of Sri Lanka or the
Member States.

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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) and 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 of an official nature, such as hospital in-patients’ and outpatients’ tickets, which clearly show that the

person concerned stayed on the territory of the requested State,

— tickets and/or passenger lists of air or boat passages which show the presence 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.

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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,

— documents of an unofficial nature, such as hotel bills, car rental agreements or credit card receipts, which clearly

specify the name and passport number or other identifying feature of the person concerned,

— reports/confirmation of information by family members.

17.5.2005

EN

Official Journal of the European Union

L 124/55

ANNEX 5

(Emblem of Sri Lanka) 

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

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

(Place and date)

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

(Designation of requesting authority)

Reference:

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

To

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

pursuant to Article 7 of the Agreement of 4 June 2004 between the European Community 
and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation

READMISSION APPLICATION

A.  

Personal details

1. 

Full name (underline surname):

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

2. 

Maiden name:

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

3. 

Date and place of birth:

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

4. 

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

Photograph

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

5. 

Father’s and mother’s name:

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

6. 

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

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

7. 

Nationality and language:

8. 

...........................................................................................................................................................................................................
Civil status:         □ married         □ single          □ divorced         □ widowed
If married: name of spouse:

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

Names and age of children (if any):

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

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

9. 

Names of brothers/sisters and other next of kin:

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

10. 

Last address in the requesting State:

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

11.  Previous address in the requested State:

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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 124/56

EN

Official Journal of the European Union

17.5.2005

12.  Names (and periods) of schools attended in the requested State:

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

13.  Profession and names of former employers in the requested State (if any):

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

14.  Names and addresses of doctors/dentists in the requested State:

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

15.  Date and means of leaving the requested State (by air – name of airline, ship etc.):

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

16.  Date and means of entry to the requesting State:

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

B. 

1. 

2. 

Special circumstances relating to the transferee

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

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

Indication of particularly dangerous person
(e.g. suspected of serious offence; aggressive behaviour):

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

C.  Means of evidence attached

1.       .............................................................................................

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

(Passport No)

(date and place of issue)

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

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

(issuing authority)

(expiry date)

2.       .............................................................................................

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

(Identity card No)

(date and place of issue)

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

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

(issuing authority)

(expiry date)

3.       .............................................................................................

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

(Driving licence No)

(date and place of issue)

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

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

(issuing authority)

(expiry date)

4.       .............................................................................................

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

(Other ofﬁ cial document No.)

(date and place of issue)

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

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

(issuing authority)

(expiry date)

D. 

Observations

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

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

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

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

(Signature) 

(Seal/stamp)

 
 
 
 
 
 
 
 
 
 
17.5.2005

EN

Official Journal of the European Union

L 124/57

ANNEX 6

[Emblem of Sri Lanka] 

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

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

(Place and date)

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

(Designation of requesting authority)

Reference

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

To

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

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

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

TRANSIT APPLICATION

pursuant to Article 13 of the Agreement of 4 June 2004 between the European Community and the Democratic 
Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation

A.  

Personal details

1. 

Full name (underline surname):

Photograph

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

2. 

Maiden name:

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

3. 

Date and place of birth:

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

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:

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

 
 
 
 
 
 
 
 
 
 
L 124/58

EN

Official Journal of the European Union

17.5.2005

B. 

Transit operation

1. 

Type of transit

  □ by air 

2. 

State of ﬁ nal destination

□ by sea 

□ by land

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

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 ﬁ nal destination

(Article 12 paragraph 2)

  □ yes 

□ no

6. 

Knowledge of any reason for a refusal of transit

(Article 12 paragraph 3)

  □ yes 

□ no

C. 

Observations

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

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

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

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

(Signature) 

 (Seal/stamp)

 
 
 
 
 
 
 
 
 
 
 
17.5.2005

EN

Official Journal of the European Union

L 124/59

ANNEX 7

(Emblem of Sri Lanka)

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

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

(Place and date)

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

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

(Designation of issuing authority)

Reference ................................................................................................

COMMON PROVISIONAL TRAVEL DOCUMENT

pursuant to Articles 2 to 5 of the Agreement of 4 June 2004 between the European Community and the 
Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation

Valid for a single return journey from ..................................................................................................................................  (issuing State)

to .....................................................................................................................................................  (point of entry/country of destination)

via  ..................................................................................................................................................................................  (transit countries)

by ......................................................................................................................................................................... (mode of transportation)

leaving on  ....................................................................................................................................................................  (date of departure)

This travel document expires on ……............……......................... and must be produced to the  

Immigration Ofﬁ cer on arrival in ….............................…………………… (point of entry/country of destination)

Name ................................................................................................................................

Holder's Photograph

Forename  .........................................................................................................................

Date of birth ......................................................................................................................

Place of birth .....................................................................................................................

Sex .................../ ...............................................................................................................

Height ................................................................................................................................

Distinguishing marks (if any) .............................................................................................

Personal Identity card No ..................................................................................................

Signature

Nationality..........................................................................................................................

Address in Sri Lanka (if known)................................................................................................................................................................  

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

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

(Signature) 

(Seal/stamp)

 
 
 
L 124/60

EN

Official Journal of the European Union

17.5.2005

JOINT DECLARATION ON ARTICLE 2(1)
The Parties take note that, under Sri Lanka’s constitution and according to its current citizenship laws
(Citizenship Act No 18 of 1948), it is not possible for a Sri Lankan national to be deprived of his or her Sri
Lankan nationality without acquiring the nationality of another State. Similarly, the renunciation of
nationality by a Sri Lankan national acquires legal validity only if he or she has acquired the nationality of
another State.

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

JOINT DECLARATION ON ARTICLE 3(1)(b) AND ARTICLE 5(1)(b)
The Parties agree that mere airside transit stays in a third country shall not be considered as ‘having
entered another country in-between’ in the meaning of those two provisions.

JOINT DECLARATION CONCERNING DENMARK

The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of
Denmark. In such circumstances it is considered appropriate that Sri Lanka and Denmark should
conclude a readmission agreement on the same terms as this Agreement.

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 considered appropriate that Sri Lanka and Iceland and Norway should conclude a
Readmission Agreement on the same terms as this Agreement.

JOINT DECLARATION ON THE FACILITATION OF LAW ENFORCEMENT COOPERATION

The delegations of the Community and Sri Lanka commit themselves to a joint effort to fight against
illegal immigration. They agree that if the problem of illegal immigration originating from Sri Lanka is to
be comprehensively dealt with, effective cooperative measures flowing from this situation would need to
be instituted.

In addition, both Parties recognise the need to take measures against organised criminal activities, such as
human trafficking, migrant smuggling and financing for terrorist purposes, which have become grounds
for growing concern.

the European Community,

instruments
Accordingly,
including the Palermo Protocols against the Trafficking of Human Beings and the Smuggling of Migrants,
and acting within its sphere of competences, will encourage and facilitate the cooperation between law
enforcement, immigration or other relevant authorities of Member States, as appropriate, with their
counterparts of Sri Lanka, in accordance with their domestic law.

in conformity with all relevant

international