Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation - Declarations
Date: 2005-04-14
Institutions: Albania, European Community
Subjects: Albania, agreement (EU), illegal migration, removal, residence permit

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

AGREEMENT

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 cooperation 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 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 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:

Article 1

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 Albania’ shall mean any person who holds
the nationality of Albania;

(d)

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

(e)

‘Stateless person’ shall mean any person who does not
hold a nationality;

(f)

‘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;

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(g)

‘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 into, or transit through, its
territory. This shall not include an airport transit visa.

Article 3

Readmission of third-country nationals and stateless
persons

SECTION I

READMISSION OBLIGATIONS BY ALBANIA

Article 2

Readmission of own nationals

further

formalities other

1. Albania shall readmit, upon application by a Member
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 into,
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.

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 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,
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 (1).

(1)

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

further

formalities other

1. Albania shall readmit, upon application by a Member
than those
State and without
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 into, presence in, or residence on,
the territory of the requesting Member State provided that it is
proved, or may be validly assumed on the basis of prima facie
evidence furnished, that such persons

(a)

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

(b)

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)

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

(b)

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
issued by Albania, which has a longer

permit,
period of validity, or

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

3. 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 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,
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.

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SECTION II

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

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of own nationals

1. 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 into,
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.

2. 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 document, extended its validity
or, where necessary, renewed it, it shall be deemed to accept
the use of the Albanian certificate for expulsion purposes (1).

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 into, 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)

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
issued by the requested Member State,

permit,
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.

3. 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 para-
graph 1 is for the Member State that issued the document with
the most recent expiry date. If no such documents can be
presented, the readmission obligation in paragraph 1 is for the
Member State of last exit.

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

(a)

(b)

(1)

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.

SECTION III

READMISSION PROCEDURE

Article 6

Principle

Endorsed by Instruction No 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.

Subject to paragraph 2, any transfer of a person to be
1.
readmitted on the basis of one of the obligations contained in

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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 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 shall
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 shall
also contain the following information:

(a)

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;

(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.

Article 8

Means of evidence regarding nationality

Proof of nationality pursuant to Articles 2(1) and 4(1) can
1.
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
investigation being required. Proof of
without
nationality cannot be furnished through false documents.

further

2.
Prima facie evidence of nationality pursuant to Articles 2
(1) and 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.
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

If none of the documents listed in Annexes 1 or 2 can be
3.
presented, the competent diplomatic and consular representa-
tions 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

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 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.

2.
Prima facie evidence of the conditions for the readmission
of third-country nationals and stateless persons laid down in
Articles 3(1) and 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.

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
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.

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 by the
requesting State, be extended but only until the obstacles have
ceased to exist.

fulfil

2. A readmission application must be replied to without
undue delay, and in any event within a maximum of 14
refusal of a
calendar days;

shall be given for

reasons

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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.

3. 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

1. 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.

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 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
it is
without delay any person readmitted by Albania,
established, within a period of three 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 exchange all available information
relating to the actual identity, nationality or transit route of
the person to be taken back.

if

SECTION IV

TRANSIT OPERATIONS

Article 13

Principles

2. 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 or her 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 is
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
issued if circumstances referred to in paragraph 3 subse-
quently arise or come to light which stand in the way of the
transit operation, or if the onward journey in possible States
of transit or the readmission by the State of destination is no
longer assured. In this case, the requesting State shall take back
the third-country national or the stateless person, as necessary
and without delay.

Article 14

Transit procedure

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

(a)

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

(b)

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

(c)

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

1. 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.

(d)

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.

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

(a)

personal data must be processed fairly and lawfully;

inform the requesting State of

2. The requested State shall, within five calendar days 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.

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

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

(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:

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 opera-
tions pursuant to this Agreement as far as the border of the
State of final destination shall be borne by the requesting
State.

— 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),

SECTION VI

— stop-overs and itineraries,

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/EC (1) and of the national legislation of that
Member State adopted pursuant to this Directive. Additionally
the following principles shall apply:

(1) 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). Directive
as amended by Regulation (EC) No 1882/2003 (OJ L 284,
31.10.2003, p. 1).

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

be transferred or
requirements pursuant to this Agreement;

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

kept up to date;

(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

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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 commu-
nicated 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.

(e)

to recommend amendments to this Agreement.

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

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

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

5. The committee shall establish its rules of procedure.

Article 17

Non-affection clause

in particular,

the Community,

1. This Agreement shall be without prejudice to the rights,
obligations and responsibilities of
the
Member States and Albania arising from International Law
and,
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.

Article 19

Implementing Protocols

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

(a)

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

(b)

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

SECTION VII

IMPLEMENTATION AND APPLICATION

(c) means and documents additional to those listed in the

Annexes 1 to 4 to this Agreement.

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

2. 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.

3. 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.

(a)

to monitor the application of this Agreement;

Article 20

(b)

(c)

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

information on the
to have regular exchanges of
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;

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.

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

in accordance with their

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

4. This Agreement is concluded for an unlimited period.

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

Article 23

Annexes

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

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Done at Luxembourg on the fourtheenth day of April in the year two thousand and five in duplicate in the
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Albanian languages, each
of these texts being equally authentic.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Për Komunitetin Evropian

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Por la República de Albania

Za Albánskou republiku

På Republikken Albaniens vegne

Für die Republik Albanien

Albaania Vabariigi nimel
Για τη Δημοκρατία της Αλβανίας

For the Republic of Albania

Pour la République d'Albanie

Per la Repubblica di Albania
Albānijas Republikas vārdā -
Albanijos Respublikos vardu
az Albán Köztársaság részéről
Għar-Repubblika ta' l-Albanija
Voor de Republiek Albanië

W imieniu Republiki Albanii

Për Republikën e Shqipërisë

För Republiken Albanien

Albanian tasavallan puolesta

Za Republiko Albanijo

Za Albánsku republiku

Pela República da Albânia

L 124/32

EN

Official Journal of the European Union

17.5.2005

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,

— seamen’s registration books and skippers’ service cards,

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

17.5.2005

EN

Official Journal of the European Union

L 124/33

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 licences 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.

L 124/34

EN

Official Journal of the European Union

17.5.2005

ANNEX 3

Common list of documents which are considered as proof of the conditions for the readmission of third-
country nationals and stateless persons

(Articles 3(1) and 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.

17.5.2005

EN

Official Journal of the European Union

L 124/35

ANNEX 4

Common list of documents which are considered as prima facie evidence of the conditions for the
readmission of third-country nationals and stateless persons

(Articles 3(1) and 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,

— statement by the person concerned,

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

L 124/36

EN

Official Journal of the European Union

17.5.2005

ANNEX 5

(Emblem of Albania) 

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

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

(Place and date)

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

(Designation of requesting authority)

Reference:

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

To

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

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

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

(Designation of receiving authority)

READMISSION APPLICATION

pursuant to Article 7 of the Agreement of 14 April 2005 between the European Community and the Republic of Albania
on the readmission of persons residing without authorisation

A. 

1. 

Personal Details

Full name (underline surname):

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

2.  Maiden name:

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

3. 

Date and place of birth:

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

4. 

Father’s name, mother’s name:

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

5. 

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

Photograph

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

6. 

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

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

7. 

Nationality and language:

8. 

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

Civil status:  □  married □  single □ divorced □  widowed
married: name of spouse:   ..............................................................................................................................................................
Names and age of children (if any):

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

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

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

9. 

Last address in the requesting State:

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

17.5.2005

EN

Official Journal of the European Union

L 124/37

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)

D.  Observations

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

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

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

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

(Signature of the requesting authority) 

(Seal/stamp)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 124/38

EN

Official Journal of the European Union

17.5.2005

ANNEX 6

Emblem of Albania

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

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

(Place and date)

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

(Designation of requesting authority)

Reference:

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

To

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

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

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

(Designation of receiving authority)

pursuant to Article 14 of the Agreement of 14 April 2005 between the European Community and the Republic of Albania
on the readmission of persons residing without authorisation

TRANSIT APPLICATION

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:

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

 
 
 
 
 
 
 
 
 
 
17.5.2005

EN

Official Journal of the European Union

L 124/39

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 13 paragraph 2)

  □ yes 

□ no

6. 

Knowledge of any reason for a refusal of transit

(Article 13 paragraph 3)

  □ yes 

□ no

C. 

Observations

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

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

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

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

(Signature of the requesting authority) 

(Seal/stamp)

 
 
 
 
 
 
 
 
L 124/40

EN

Official Journal of the European Union

17.5.2005

JOINT DECLARATION ON THE RELATION TO THE FUTURE STABILISATION AND
ASSOCIATION AGREEMENT

The Parties take note that, on 31 January 2003, negotiations were launched on the conclusion of a
Stabilisation and Association Agreement (SAA) between Albania, of the one part, and the Community
and its Member States, of 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.

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.

JOINT DECLARATION ON ARTICLE 18

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

It shall keep that Subcommittee informed of its work.

The rules of procedure of the Joint Readmission Committee shall be compatible with the rules of
procedure of that Subcommittee.

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.

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 conclude a readmission agreement with Iceland and Norway
in the same terms as this Agreement.