Proposal for a Council Decision concerning the signing of the Agreement between the European Community and the Russian Federation on readmission
Date: 2006-04-27
Institutions: European Commission
Subjects: Russia, agreement (EU), illegal migration, removal, residence permit, return migration, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.04.2006 
COM(2006) 191 final 

2006/0064(CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Russian Federation on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Russian Federation on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

In  the  common  EU  strategy  of  4  June  1999  on  Russia,  the  conclusion  of  a  readmission 
agreement with this country was one of the measures proposed. On 18 September 2000, the 
General  Affairs  Council  formally  authorised  the  Commission  to  negotiate  a  readmission 
agreement between the European Community and the Russian Federation. In April 2001, the 
Commission  transmitted  a  draft  text  to  the  Russian  authorities  and,  following  the  political 
agreement  reached  on  the  Kaliningrad  transit  issue  at  the  EU-Russia  summit  in  November 
2002,  Russia  stated  its  willingness  to  enter  into  formal  negotiations.  The  first  negotiating 
round took place in Moscow on 23 January 2003 and nine further sessions were held on 27/28 
February  2003,  13/14  October  2003,  24/25  February  2004,  21  October  2004,  7  December 
2004,  15  March  2005,  3  May  2005,  12  July  2005  and  8  September  2005,  alternately  in 
Moscow and Brussels and, since October 2004, in parallel (“back-to-back”) with negotiations 
on a EC-Russia visa facilitation agreement. Moreover formal negotiations were occasionally 
prepared by informal expert meetings.  

At  a  meeting  with  Presidential  aide  Victor  Ivanov  in  the  Kremlin  on  16  September  2005,  a 
high  level  delegation  of  the  European  Commission  led  by  Vice-President  Franco  Frattini 
managed to strike a “package deal” and reach political agreement on the final texts of the visa 
facilitation  and  readmission  agreements.  This  final  compromise  was  subject  of  in-depth 
discussions  in  COREPER  on  21  and  29  September  2006  and,  following  some  last  minute 
negotiations with the Russian side on, in particular, the time limits for replies to readmission 
applications, the final texts of the two agreements were eventually approved by the General 
Affairs Council on 3 October 2005 and, one day later, by the EU-Russia summit. The texts of 
the  readmission  and  visa  facilitation  agreements  were  initialled  (first  and  last  page)  at  the 
occasion of the PPC JHA Troika meeting between the Russian Federation and the EU on 13 
October  2005  in  Luxembourg.  The  formal  initialling  of  the  complete  texts  of  the  two 
agreements took place in Moscow on 4 April 2006. 

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

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

The attached proposals constitute the legal instrument for the signature and conclusion of the 
readmission  agreement.  The  Council  will  decide  by  qualified  majority.  The  European 
Parliament  will  have  to  be  formally  consulted  on  the  conclusion  of  the  Agreement,  in 
accordance with Art. 300 para. 3 EC Treaty. 

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for the practical application of the Agreement. In particular, it specifies that the Commission, 
assisted  by  experts  from  Member  States,  represents  the  Community  within  the  Joint 
Readmission  Committee  set  up  by  Article  19  of  the  Agreement.  Under  Article  19  (5),  the 
readmission  committee  may  adopt  its  own  rules  of  procedure.  As  in  the  case  for  the  other 
readmission agreements so far concluded by the Community, the Commission position in this 

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regard  shall  be  established  by  the  Commission  in  consultation  with  a  special  committee 
designated  by  the  Council.1  As  regards  other  decisions  to  be  taken  by  the  Joint  Committee, 
the Community position shall be established in accordance with the applicable provisions of 
the Treaty. 

II. 

OUTCOME OF THE NEGOTIATIONS  

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

The final content of it can be summarised as follows: 

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1 

The Agreement is divided into 8 sections with 23 articles altogether. It also contains 
6 annexes, which form an integral part of it, and 4 joint declarations.  

The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up 
in a fully reciprocal way, comprising own nationals (Articles 2 and 4) as well as third 
country nationals and stateless persons (Articles 3 and 5).  

The obligation to readmit own nationals (Articles 2 and 4) includes also former own 
nationals who have renounced their nationality without acquiring the nationality or a 
residence  authorisation  of  another  State.  In  addition,  Articles  2  and  4  are 
supplemented by a joint declaration concerning the deprivation of nationality. 

The  obligation  to  readmit  third  country  nationals  and  stateless  persons  (Articles  3 
and 5) is linked to the following prerequisites: (a) the person concerned holds at the 
time  of  submission  of  the  readmission  application  a  valid  visa  issued  by  the 
requested State and has entered directly from this State’s territory, or (b) the person 
concerned  holds  at  the  time  of  submission  of  the  readmission  application  a  valid 
residence  authorisation  issued  by  the  requested  State,  or  (c)  the  person  concerned 
entered  the  territory  of  the  requesting  State  directly  from  the  territory  of  the 
requested State. Exempted from these obligations are persons in airside transit and all 
persons to whom the requesting State has either granted visa-free access or issued a 
visa or residence authorisation with a longer period of validity. The interpretation of 
the term “entering directly” has been clarified in a joint declaration.  

In  return  for  the  Russian  Federation  agreeing  to  the  aforementioned  obligation 
regarding the readmission of third-country nationals and stateless persons (Articles 3 
and 5), the European Community accepted the Russian request to delay for 3 years 
after  the  entry  into  force  of  the  Agreement  the  applicability  of  these  obligations 
(Article 23 para. 3). During that three-year transitional period, Articles 3 and 5 of the 
Agreement  shall  only  become  applicable  to  stateless  persons  and  nationals  from 
third-countries with which the Russian Federation has concluded bilateral treaties or 
arrangements on readmission. 

By Decision of 19 December 2002, the Council appointed the Migration and Expulsion Working Party 
as the responsible body for assistance and consultations to the Commission in relation to the negotiation 
of readmission agreements (Council doc. 15649/02 MIGR 143). 

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With regard to third-country nationals and stateless persons for whom it has given a 
positive reply to the readmission application, the Russian Federation accepts the use 
of the EU's standard travel document for expulsion purposes (Article 3 para. 3); 

The Agreement contains a section on transit operations (Articles 14 and 15 in conj. 
with annex 6); 

Section III of the Agreement (Articles 6 to 13 in conj. with annexes 1 to 5) contains 
the necessary technical provisions regarding the readmission procedure (readmission 
application,  means  of  evidence,  time  limits,  transfer  modalities  and  modes  of 
transportation).  Some  procedural  flexibility  is  provided  by  the  fact  that  no 
readmission  will  be  needed  in  cases  where  the  person  to  be  readmitted  is  in 
possession of a valid national passport and, if he or she is a third-country national, 
also holds a valid visa or  residence authorisation of  the State which has to readmit 
him or her (Article 6 para. 2). In its paragraph 3, Article 6 contains another important 
procedural element, the so-called accelerated procedure, which has been agreed upon 
for persons apprehended in the “border region”, i.e. within an area which extends up 
to  30  kilometres  from  the  common  land  border  between  a  Member  State  and  the 
Russian Federation or within the territories of seaports and International airports of 
Member  States  or  the  Russian  Federation.  Under  the  accelerated  procedure, 
readmission applications have to be submitted, and replies have to be given, within 2 
working  days  whereas  under  the  normal  procedure,  the  time  limit  for  replies  is25 
calendar  days  with  the  right  to  an  extension  of  up  to  60  calendar  days  in  duly 
motivated cases.  

Articles 16 to 18 contain the necessary rules on costs, data protection and the relation 
to other International obligations; 

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

In  order  to  execute  this  Agreement  in  practice,  Article  20  obliges  the  Russian 
Federation to conclude bilateral implementing Protocols with all Member States. In 
deviation  from  previous  Community  readmission  agreements,  this  provision  also 
foresees  a  possibility  to  agree  on  specific  bilateral  time  limits  for  the  handling  of 
readmission  applications  (Article  20  para.  1  lit.  f  in  conj.  with  Article  11  para.  2). 
This  possibility  has  been  inserted  as  a  last  minute  compromise  in  order  to  satisfy 
those  Member  States  whose  maximum  detention  period  under  their  national 
immigration laws is equal or inferior to 60 calendar days. The relation between the 
bilateral implementing Protocols and this Agreement is clarified by Article 18 para. 
2; 

The final provisions (Art. 21 to 23) contain the necessary rules on entry into force, 
duration, termination and the legal status of the annexes to the agreement. Article 23 
para. 2, which is mirrored by  a similar provision in the visa facilitation agreement, 
ensures that the readmission agreement and the visa facilitation agreement can only 
enter  into  force  jointly,  i.e.  at  the  same  date.  However,  the  obligations  set  out  in 
Articles  3  and  5  relating  to  the  readmission  of  third  country  nationals  and  stateless 
persons  will  only  become  applicable  three  years  after  the  entry  into  force  of  the 
Agreement (see above). 

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- 

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

III. 

CONCLUSIONS 

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

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

approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement 
between the European Community and the Russian Federation on readmission. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Russian Federation on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

By  its  decision  of  18  September  2000,  the  Council  authorised  the  Commission  to 
negotiate an agreement between the European Community and the Russian Federation 
on readmission. 

Negotiations  for  the  Agreement  took  place  between  23  January  2003  and  16 
September 2005. 

Subject to its possible conclusion at a later date, the Agreement initialled in Moscow 
on 4 April 2006 should be signed. 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland, annexed to the Treaty on European Union and to the Treaty establishing 
the European Community, the United Kingdom has notified its wish to take part in the 
adoption and application of this Decision.  

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland, annexed to the Treaty on European Union and to the Treaty establishing 
the European Community, Ireland has notified its wish to take part in the adoption and 
application of this Decision.  

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

2 

OJ C […] […], p. […] 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community, the Agreement between the European Community and the Russian Federation on 
readmission. 

Done in Brussels, the………..of…………2006. 

For the Council 
The President 

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2006/0064(CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Russian Federation on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4 

Whereas:  

(1) 

(2) 

The Commission has negotiated on behalf of the European Community an Agreement 
with the Russian Federation on readmission; 

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2006  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with 
Decision……../……/EC of the Council of [………….] 

(3) 

This Agreement should be approved. 

(4) 

(5) 

(6) 

The Agreement establishes a Joint Readmission Committee which may adopt its rules 
of  procedure.  It  is  appropriate  to  provide  for  a  simplified  procedure  for  the 
establishment of the Community position in this case.  

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland, annexed to the Treaty on European Union and to the Treaty establishing 
the European Community, the United Kingdom has notified its wish to take part in the 
adoption and application of this Decision.  

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland, annexed to the Treaty on European Union and to the Treaty establishing 
the European Community, Ireland has notified its wish to take part in the adoption and 
application of this Decision.  

3 
4 

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

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(7) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Russian  Federation  on 
readmission is hereby approved on behalf of the Community. 

The text of the agreement is attached to this Decision. 

The President of the Council shall give the notification provided for in Article 23 paragraph 2 
of the Agreement5. 

Article 2 

The Commission, assisted by experts from Member States, shall represent the Community in 
the Joint Readmission Committee established by Article 19 of the Agreement. 

Article 3 

Article 4 

The position of the Community within the Joint Readmission Committee with regard to the 
adoption of its rules of procedure as required under Article 19 (5) of the Agreement shall be 
taken by the Commission after consultation with a special committee designated by the 
Council. 

Done in Brussels, the………of…………2006 

For the Council 
The President 

5 

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

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Annex 

DRAFT AGREEMENT 

between the European Community and the Russian Federation  

on readmission 

THE PARTIES, 

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

and 

THE RUSSIAN FEDERATION 

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

Referring to the Agreement on Partnership and Co-operation between the Community and its 
Member States, on the one part, and the Russian Federation, on the other part, concluded in 
Corfu  on  24  June  1994,  and  in  particular  Article  84  and  the  joint  declaration  in  relation  to 
Articles 26, 32 and 37 in the Final Act thereof,  

Having  regard  to  the  Joint  Statement  agreed  on  the  occasion  of  the  St.  Petersburg  Summit 
held  on  31  May  2003  stating  that  the  European  Union  and  the  Russian  Federation  agree  to 
conclude timely the negotiations on a readmission agreement; 

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

Emphasizing  that  this  Agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 
responsibilities of the Community, the Member States of the European Union and the Russian 
Federation arising from International Law including International Human Rights law rules, as 
confirmed,  in  particular,  by  the  Universal  Declaration  of  Human  Rights  of  10  December 
1948,  the  International  Covenant  on  Civil  and  Political  Rights  of  16  December  1966,  the 
Convention relating to the Status of Refugees of 28 July 1951 and the Protocol relating to the 
Status of Refugees of 31 January 1967, the European Convention for the Protection of Human 
Rights  and  Fundamental  Freedoms  of  4  November  1950  and  Protocol  N°  4  thereto  of  16 
September 1963, and the Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment of 10 December 1984, 

Taking  account  of  the  Protocol  on  the  position  of  Denmark  annexed  to  the  Treaty  on  the 
European Union of 7 February 1992 and the Treaty establishing the European Community of 
25 March 1957 and confirming that that the provisions of this agreement do not apply to the 
Kingdom of Denmark, 

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HAVE AGREED AS FOLLOWS: 

For the purpose of this Agreement: 

Article 1  

Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

“Readmission” shall mean the transfer by the requesting State and admission by the 
requested  State  of  persons  (own  nationals  of  the  requested  State,  third-country 
nationals  or  stateless  persons)  who  have  been  found  illegally  entering  to,  being 
present  in  or  residing  in  the  requesting  State,  in  accordance  with  the  provisions  of 
this Agreement. 

“Member  State”  shall  mean  any  Member  State  of  the  European  Union  with  the 
exception of the Kingdom of Denmark. 

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

“National of the Russian Federation” or “Russian National” shall mean any person 
who  holds  the  nationality  of  the  Russian  Federation  in  accordance  with  its 
legislation. 

“Third-country national” shall mean any person holding a nationality other than that 
of the Russian Federation or one of the Member States. 

“Stateless  person”  shall  mean  any  person  who  does  not  hold  the  nationality  of  the 
Russian Federation or one of the Member States, and who has no evidence of holding 
the nationality of any other State.  

“Residence  authorisation”  shall  mean  an  official  permit  of  any  type  issued  by  the 
Russian Federation  or one  of the  Member States entitling a person  to reside on  the 
territory  of  the  Russian  Federation  or  one  of  the  Member  States.  This  shall  not 
include  temporary  permissions  to  remain  on  the  territory  of  the  said  States  in 
connection  with  the  processing  of  an  asylum  application  or  an  application  for  a 
residence authorisation.  

“Visa”  shall  mean  an  authorisation  issued  or  a  decision  taken  by  the  Russian 
Federation or one of the Member States, which is required with a view to entry in, or 
transit through, the territory of the Russian Federation or one of the Member States. 
This shall not include the specific category of airport transit visa. 

“Requesting State” shall mean the State (Russian Federation or one of the Member 
States)  submitting  a  readmission  application  pursuant  to  section  III  or  a  transit 
application pursuant to section IV of this Agreement. 

“Requested  State”  shall  mean  the  State  (Russian  Federation  or  one  of  the  Member 
States)  to  which  a  readmission  application  pursuant  to  section  III  or  a  transit 
application pursuant to section IV of this Agreement is addressed; 

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(k) 

(l) 

(m) 

(n) 

(1) 

(2) 

“Competent Authority” shall mean any national authority of the Russian Federation 
or one of the Member States entrusted with the implementation of this Agreement, as 
designated  in  the  bilateral  implementing  Protocol  concluded  between  the  Russian 
Federation and individual Member States in accordance with Article 20 (1) lit. a) of 
this Agreement.  

“Border  region”  shall  mean  an  area  which  extends  up  to  30  kilometres  from  the 
common land border between a Member State and the Russian Federation, as well as 
the  territories  of  seaports  including  custom  zones,  and  International  airports  of  the 
Member States and the Russian Federation.  

“Border  crossing  point”  shall  mean  any  crossing-point  authorised  by  the  Member 
States  or  the  Russian  Federation  for  the  crossing  of  their  respective  land  and  sea 
borders, including at International airports and seaports. 

“Transit”  shall  mean  the  passage  of  a  third  country  national  or  a  stateless  person 
through the territory of the requested State while travelling from the requesting State 
to the country of destination. 

SECTION I. READMISSION OBLIGATIONS BY THE RUSSIAN FEDERATION 

Article 2 

Readmission of Russian nationals 

The  Russian  Federation  shall  admit,  upon  application  by  a  Member  State  and  in 
accordance with the procedure provided for in this Agreement, any person who does 
not, or no longer, fulfil the conditions in force for entry to, presence in, or residence 
on  the  territory  of  the  requesting  Member  State  provided  it  is  established,  in 
accordance  with  Article  9  of  this  Agreement,  that  such  person  is  a  national  of  the 
Russian Federation.  

The  same  shall  apply  to  illegally  present  or  residing  persons  who  possessed  the 
nationality  of  the  Russian  Federation  at  the  time  of  entering  the  territory  of  a 
Member State but subsequently renounced the nationality of the Russian Federation 
in accordance with the national laws of the latter, without acquiring the nationality or 
a residence authorisation of that Member State or any other State. 

After  the  Russian  Federation  has  given  a  positive  reply  to  the  readmission 
application,  the  competent  diplomatic  mission  or  consular  office  of  the  Russian 
Federation shall irrespective of the will of the person to be readmitted, as necessary 
and without delay, issue a travel document required for the return of the person to be 
readmitted  with  a  period  of  validity  of  30  calendar  days.  If,  for  any  reason,  the 
person  concerned  cannot  be  transferred  within  the  period  of  validity  of  that  travel 
document,  the  competent  diplomatic  mission  or  consular  office  of  the  Russian 
Federation  shall  issue  a  new  travel  document  with  a  period  of  validity  of  the  same 
duration without delay.  

Article 3 

Readmission of third-country nationals and stateless persons 

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(1) 

The  Russian  Federation  shall  admit,  upon  application  by  a  Member  State  and  in 
accordance  with  the  procedure  provided  for  in  this  Agreement,  any  third-country 
national or stateless person who does not, or no longer, fulfil the conditions in force 
for entry to, presence in, or residence on the territory of the requesting Member State 
provided  that  evidence  can  be  furnished,  in  accordance  with  Article  10  of  this 
Agreement, that such person  

a) 

b) 

c) 

holds,  at  the  time  of  submission  of  the  readmission  application,  a  valid  visa 
issued  by  the  Russian  Federation  entering  the  territory  of  a  Member  State 
directly from the territory of the former; or 

holds,  at  the  time  of  submission  of  the  readmission  application,  a  valid 
residence authorisation issued by the Russian Federation ; or 

unlawfully entered the territory of the Member States directly from the territory 
of the Russian Federation. 

(2) 

The readmission obligation provided for in paragraph 1 of this Article shall not apply 
if : 

a) 

b) 

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

the requesting Member State or another Member State has issued to the third 
country national or stateless person a visa or residence authorisation unless that 
person  is  in  possession  of  a  visa  or  residence  authorisation,  issued  by  the 
Russian Federation, which has a longer period of validity. 

c) 

the  third-country  national  or  stateless  person  enjoyed  visa-free  access  to  the 
territory of the requesting Member State. 

After  the  Russian  Federation  has  given  a  positive  reply  to  the  readmission 
application,  the  requesting  Member  State  issues  to  the  person  concerned  a  travel 
document  recognized  by  the  Russian  Federation  (EU  standard  travel  document  for 
expulsion purposes in line with the form set out in EU Council recommendation of 
30 November 1994). 

SECTION II. READMISSION OBLIGATIONS BY THE COMMUNITY 

Article 4 

Readmission of nationals of the Member States 

A  Member  State  shall  admit,  upon  application  by  the  Russian  Federation  and  in 
accordance with the procedure provided for in this Agreement, any person who does 
not, or no longer, fulfil the conditions in force for entry to, presence in, or residence 
on,  the  territory  of  the  Russian  Federation  provided  that  it  is  established,  in 
accordance  with  Article  9  of  this  Agreement,  that  such  person  is  a  national  of  that 
Member State. 

The  same  shall  apply  to  illegally  present  or  residing  persons  who  possessed  the 
nationality  of  the  Member  State  at  the  time  of  entering  the  territory  of  the  Russian 

(3) 

(1) 

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(2) 

(1) 

Federation  but  subsequently  renounced  the  nationality  of  the  Member  State  in 
accordance with the national laws of the latter, without acquiring the nationality or a 
residence authorisation of the Russian Federation or any other State. 

After a Member State has given a positive reply to the readmission application, the 
competent  diplomatic  mission  or  consular  office  of  the  Member  State  concerned 
shall irrespective of the will of the person to be readmitted, as necessary and without 
delay, issue a travel document required for the return of the person to be readmitted 
with a period of validity of 30 calendar days. If, for any reason, the person concerned 
cannot  be  transferred  within  the  period  of  validity  of  that  travel  document,  the 
Member State concerned shall issue a new travel document with a period of validity 
of the same duration without delay. 

Article 5 

Readmission of third-country nationals and stateless persons 

A  Member  State  shall  admit,  upon  application  by  the  Russian  Federation  and  in 
accordance  with  the  procedure  provided  for  in  this  Agreement,  any  third-country 
national or stateless persons who does not, or no longer, fulfil the conditions in force 
for  entry  to,  presence  in,  or  residence  on  the  territory  of  the  Russian  Federation 
provided  that  evidence  can  be  furnished  in  accordance  with  Article  10  of  this 
Agreement that such person  

a) 

b) 

c) 

holds,  at  the  time  of  submission  of  the  readmission  application,  a  valid  visa 
issued  by  the  requested  Member  State  entering  the  territory  of  the  Russian 
Federation directly from the territory of the former; or 

holds,  at  the  time  of  submission  of  the  readmission  application,  a  valid 
residence authorisation issued by the requested Member State; or 

unlawfully  entered  the  territory  of  the  Russian  Federation  directly  from  the 
territory of the requested Member State.  

(2) 

The readmission obligation provided for in paragraph 1 of this Article shall not apply 
if  

(a) 

(b) 

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

the  Russian  Federation  has  issued  to  the  third  country  national  or  stateless 
person a visa or residence authorisation 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. 

(c) 

the  third-country  national  or  stateless  person  enjoyed  visa-free  access  to  the 
territory of the Russian Federation. 

(3) 

The readmission obligation in paragraph 1 of this Article 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 of this Article is 
for the Member State that issued the document with a longer period of validity or, if 

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one or several of them have already expired, the document that is still valid. If all of 
the  documents  have  already  expired,  the  readmission  obligation  in  paragraph  1  of 
this  Article  is  for  the  Member  State  that  issued  the  document  with  the  most  recent 
expiry date. 

(4) 

After  the  requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application,  the  Russian  Federation  issues  to  the  person  to  be  readmitted  a  travel 
document recognized by the Member State concerned. 

SECTION III. READMISSION PROCEDURE 

Article 6 

Readmission application 

(1) 

(2) 

(3) 

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  of  this  Agreement  shall  require  the 
submission of a readmission application to the competent authority of the requested 
State.  

By derogation of Articles 2 to 5 of this Agreement, no readmission application shall 
be  needed  where  the  person  to  be  readmitted  is  in  possession  of  a  valid  national 
passport and, in case such person is a third-country national or stateless person, also 
holds  a  valid  visa  or  residence  authorisation  of  the  State  which  has  to  admit  this 
person. 

If a person has been apprehended in the border region of the requesting  State after 
illegally crossing the border coming directly from the territory of the requested State, 
the  requesting  State  may  submit  a  readmission  application  within  2  working  days 
following this persons apprehension (accelerated procedure). 

Article 7 

Content of readmission applications 

(1) 

Any readmission application is to contain the following information: 

a) 

b) 

the  particulars  of  the  person  concerned  (e.g.  given  names,  surnames,  date  of 
birth, and – where possible – place of birth, and the last place of residence); 

indication of the evidence regarding nationality, unlawful entry and residence, 
and  the  grounds  for  the  readmission  of  third-country  nationals  and  stateless 
persons as set forth in Articles 3 (1) and 5 (1) of this Agreement. 

(2) 

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

a) 

b) 

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

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

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(3) 

A  common  form  to  be  used for readmission applications is attached as Annex 1 to 
this Agreement. 

Article 8 

Reply to the readmission application 

A reply to the readmission application shall be given in writing. 

Article 9 

Evidence regarding nationality 

(1) 

(2) 

(3) 

(4) 

(1) 

Nationality  pursuant  to  Article  2  (1)  and  Article  4  (1)  of  this  Agreement  can  be 
established  by  means  of  at  least  one  of  the  documents  listed  in  Annex  2  to  this 
Agreement,  even  if  its  period  of  validity  has  expired.  If  such  documents  are 
presented,  the  Member  States  and  the  Russian  Federation  shall  mutually  recognise 
the nationality without further verification being required. 

If  none  of  the  documents  listed  in  Annex  2  to  this  Agreement  can  be  presented, 
nationality  pursuant  to  Article  2  (1)  and  Article  4  (1)  of  this  Agreement  can  be 
established  by  means  of  at  least  one  of  the  documents  listed  in  Annex  3  to  this 
Agreement, even if its period of validity has expired. 

–  If  documents  listed  in  Annex  3  A  to  this  Agreement  are  presented,  the  Member 
States  and  the  Russian  Federation  shall  mutually  deem  the  nationality  to  be 
established unless they can prove otherwise; 

–  If  documents  listed  in  Annex  3  B  to  this  Agreement  are  presented,  the  Member 
States and the Russian Federation shall mutually deem it as a ground to start an 
appropriate verification. 

Nationality cannot be established by means of false documents. 

If  none  of  the  documents  listed  in  Annexes  2  or  3  to  this  Agreement  can  be 
presented,  the  competent  diplomatic  representation  or  consular  post  of  the  Russian 
Federation  or  the  Member  State  concerned  shall,  upon  request,  make  arrangements 
with  the  competent  authority  of  the  requesting  State  to  interview  the  person  to  be 
readmitted  without  undue  delay  in  order  to  establish  his  or  her  nationality.  The 
procedure  for  such  interviews  is  to  be  established  in  the  implementing  Protocols 
provided for in Article 20 of this Agreement. 

Article 10 

Evidence regarding third-country nationals and stateless persons  

Proof  of  the  grounds  for  the  readmission  of  third-country  nationals  and  stateless 
persons  laid  down  in  Article  3  (1)  and  Article  5  (1)  of  this  Agreement  can  be 
furnished through at least one of the documents listed in Annex 4 to this Agreement. 
Any such proof shall be mutually recognised by the Member States and the Russian 
Federation without any further verification being required. 

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(2) 

Indirect  evidence  of  the  grounds  for  the  readmission  of  third-country  nationals  and 
stateless persons pursuant to Article 3 (1) and Article 5 (1) of this Agreement can be 
furnished through at least one of the documents listed in Annex 5 to this Agreement. 

– 

– 

If means of evidence listed in Annex 5 A to this Agreement are presented, the 
Member  States  and  the  Russian  Federation  shall  deem  the  conditions  to  be 
established unless they can prove otherwise; 

If means of evidence listed in Annex 5 B to this Agreement are presented, the 
Member States and the Russian Federation shall deem it as a ground to start an 
appropriate verification. 

Proof of the grounds for readmission of third-country nationals and stateless persons 
cannot be furnished through false documents. 

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  residence 
authorisation  for  the  territory  of  the  requesting  State  is  missing.  A  duly  motivated 
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 11 

Time limits  

The application for readmission must be submitted to the competent authority of the 
requested  State  within  a  maximum  of  180  calendar  days  from  the  date  when  the 
requesting  State’s  competent  authority  has  gained  knowledge  that  a  third-country 
national or a stateless person does not, or no longer, fulfil the conditions in force for 
entry, presence or residence.  

A readmission application must be replied to within a maximum of 25 calendar days 
from the date of confirmed receipt of the readmission application. Without prejudice 
to  specific  arrangements  to  be  agreed  upon  in  the  framework  of  implementing 
protocols concluded in accordance with Article 20, where there are legal or factual 
obstacles to the application being replied to in time, the time limit shall, upon duly 
motivated request, be extended up to 60 calendar days.  

In the case of a readmission application submitted under the accelerated procedure in 
accordance  with  Article  6  (3)  of  this  Agreement,  a  reply  has  to  be  given  within  2 
working days (defined in accordance with the legislation of the requested State) from 
the confirmed receipt of the readmission application.  

Upon expiry of the time limits referred to in paragraphs 2 and 3 of this Article, the 
readmission shall be deemed to have been agreed to.  

The person concerned shall be transferred within 90 calendar days. In the case of a 
transfer  under  the  accelerated  procedure  in  accordance  with  Article  6  (3)  of  this 
Agreement, the person concerned shall be transferred within 2 working days. Upon 
duly  motivated  request,  this  time  limit  may  be  extended  by  the  time  taken  to  deal 

(3) 

(4) 

(1) 

(2) 

(3) 

(4) 

(5) 

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with legal or practical obstacles. The time limits provided for in this paragraph begin 
to run with the date of receipt of a positive reply to the readmission application. 

Article 12 

Refusal of a readmission application 

Reasons shall be given for refusal of a readmission application. 

Article 13 

Transfer modalities and modes of transportation 

(1) 

(2) 

(1) 

(2) 

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

All  means  of  transportation,  whether  by  air,  land  or  sea,  shall  be  allowed  for  the 
purpose of transfer. Return by air is not restricted to the use of the national carrier or 
the staff of the requesting State and may take place by using scheduled flights as well 
as charter flights.  

SECTION IV. TRANSIT OPERATIONS  

Article 14 

General principles 

The  Member  States  and  the  Russian  Federation  shall  restrict  the  transit  of  third-
country nationals or stateless persons to cases where such persons cannot be returned 
to the State of destination directly. 

The Russian Federation 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 the Russian Federation so requests, if 
the onward journey through other States of transit and the admission by the State of 
destination is assured. 

(3) 

Transit can be refused by the Russian Federation or a Member State  

a) 

b) 

c) 

if  the  third-country  national  or  the  stateless  person  runs  the  risk  of  being 
subjected to torture or to inhuman or degrading treatment or punishment or the 
death  penalty  or  of  persecution  because  of  his  race,  religion,  nationality, 
membership of a particular social group or political conviction in the State of 
destination or another State of transit; or 

if the third-country national or the stateless person shall be subject to criminal 
prosecution or sanctions in the requested State or in another State of transit; or 

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

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(4) 

The  Russian  Federation  or  a  Member  State  may  revoke  any  authorisation  issued  if 
circumstances referred to in paragraph 3 of this Article subsequently arise or come to 
light  which  stand  in  the  way  of  the  transit  operation,  or  if  the  onward  journey  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 15 

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) 

b) 

c) 

d) 

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

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

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

a  declaration  that  from  the  viewpoint  of  the  requesting  State  the  conditions 
pursuant to Article 14 (2) of this Agreement are met, and that no reasons for a 
refusal pursuant to Article 14 (3) of this Agreement are known of. 

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

(2) 

(3) 

(4) 

The  requested  State  shall,  in  writing,  inform  the  competent  authorities  of  the 
requesting  State  of  the  consent  to  admission,  confirming  the  border  crossing  point 
and the envisaged time of admission, or inform it of the admission refusal and of the 
reasons for such refusal.  

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

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

Section V. Costs 

Article 16 

Transport and transit costs 

Without prejudice to 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 as far as the border-crossing point of the requested 
State shall be borne by the requesting State. 

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Section VI. Data protection 

Article 17 

Data Protection 

The communication of personal data shall only take place if such communication is necessary 
for  the  implementation  of  this  Agreement  by  the  competent  authorities  of  the  Russian 
Federation  or  a  Member  State  as  the  case  may  be.  When  communicating,  processing  or 
treating personal data in a particular case, the competent authorities of the Russian Federation 
shall abide by the relevant legislation of the Russian Federation, and the competent authorities 
of  a  Member  State  shall  abide  by  the  provisions  of  Directive  95/46/EC  and  by  the  national 
legislation of that Member State adopted pursuant to this directive. Additionally the following 
principles shall apply: 

a) 

b) 

c) 

d) 

e) 

f) 

personal data must be processed fairly and lawfully; 

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

personal data must be adequate, relevant and not excessive in relation to the purpose 
for  which  they  are  collected  and/or  further  processed;  in  particular,  personal  data 
communicated may concern only the following: 

–  the  particulars  of  the  person  to  be  readmitted  (e.g.  surname,  given  name,  any 
previous names, other names used/by which known or aliases, date and place of 
birth, sex, current and any previous nationality), 

–  identity  card  or  passport  (type,  number,  period  of  validity,  date  of  issue,  issuing 

authority, place of issue), 

–  stop-overs and itineraries. 

–  other information needed to identify the person to be readmitted or to examine the 

readmission requirements pursuant to this Agreement. 

personal data must be accurate and, where necessary, kept up to date.  

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

Both  the  competent  authority  communicating  personal  data  and  the  competent 
authority  receiving  personal  data  shall  take  every  reasonable  step  to  ensure  as 
appropriate  the  rectification,  erasure  or  blocking  of  personal  data  where  its 
processing  does  not  comply  with  the  provisions  of  lit.  c)  and  d)  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 of such data to the other Party. 

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g) 

h) 

i) 

Upon  request,  the  competent  authority  receiving  personal  data  shall  inform  the 
competent  authority  communicating  personal  data  of  the  use  of  the  communicated 
data and of the results obtained therefrom. 

Personal data may only be communicated to the competent authorities entrusted with 
the  implementation  of  this  Agreement.  Further  communication  to  other  bodies 
requires the prior consent of the competent authority communicating personal data. 

The  competent  authority  communicating  personal  data  and  the  competent  authority 
receiving  personal  data  are  under  the  obligation  to  make  a  written  record  of  the 
communication and receipt of personal data. 

Section VII. Implementation and application 

Article 18 

Relation to other International obligations 

(1) 

This  Agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 
responsibilities  of  the  Community,  the  Member  States  and  the  Russian  Federation 
arising from International Law, and in particular from 

a) 

b) 

c) 

the Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to 
the Status of Refugees; 

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

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

d) 

International treaties on extradition and transit; 

e)  Multilateral international treaties containing rules on the readmission of foreign 
nationals,  such  as  the  Convention  on  International  Civil  Aviation  of  7 
December 1944. 

(2) 

The  provisions  of  this  Agreement  shall  take  precedence  over  the  provisions  of  any 
bilateral  treaties  or  arrangements  on  readmission  which  have  been  or  may,  under 
Article 20 of this  Agreement,  be  concluded between individual Member States  and 
the Russian Federation insofar as the provisions of the latter treaties or arrangements 
cover issues that are dealt with by the present Agreement. 

(3) 

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

Article 19 

Joint readmission committee 

(1) 

The Parties shall set up a joint readmission committee (hereinafter referred to as “the 
Committee”) which will, in particular, have the task 

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a) 

b) 

c) 

to monitor the application of this Agreement; 

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

to  have  a  regular  exchange  of  information  on  the  implementing  Protocols 
concluded by individual Member States and the Russian Federation pursuant to 
Article 20 of this Agreement;  

d) 

to decide on amendments to the Annexes to this Agreement; 

e) 

f) 

to propose amendments to this Agreement; 

to examine and, if deemed necessary, propose amendments to this Agreement 
in case of new accessions to the European Union. 

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

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

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

The Committee shall establish its rules of procedures. 

(2) 

(3) 

(4) 

(5) 

Article 20 

Implementing Protocols 

(1) 

The  Russian  Federation  and  Member  States  shall  conclude  implementing  Protocols 
which shall cover rules on 

a) 

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

b) 

the modalities for readmission under the accelerated procedure; 

c) 

d) 

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

proofs  and  evidence  additional  to  those  listed  in  the  Annexes  2  to  5  to  this 
Agreement. 

(e) 

the procedure for interviews provided for in Article 9 of this Agreement. 

(f)  where necessary, specific arrangements concerning time limits for the handling 
of  readmission  applications  in  accordance  with  Article  11  (2)  of  this 
Agreement. 

(2) 

The implementing Protocols referred to in paragraph 1 of this Article shall enter into 
force only after the Committee has been notified. 

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(3) 

The  Russian  Federation  shall  agree  to  apply  any  provision  of  an  implementing 
Protocol  concluded  with  one  Member  State  also  in  its  relations  with  any  other 
Member State, upon request of the latter and subject to the practical feasibility of its 
application  to  the  Russian  Federation.  The  Member  States  shall  agree  to  apply  any 
provision  of  an  implementing  Protocol  concluded  by  one  of  them  also  in  their 
relations  with  the  Russian  Federation,  upon  request  of  the  latter  and  subject  to  the 
practical feasibility of its application to other Member States. 

This  shall  not  apply  to  provisions  containing  specific  arrangements  referred  to  in 
paragraph 1 lit. (f) of this Article. 

Section VIII. Final provisions 

Article 21 

Territorial application 

(1) 

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

(2) 

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

Article 22 

Annexes  

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

Article 23 

Entry into force, duration and termination  

(1) 

(2) 

(3) 

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

Subject  to  paragraph  3  of  this  Article,  this  Agreement  shall  enter  into  force  on  the 
first  day  of  the  second  month  following  the  date  on  which  the  Parties  notify  each 
other  that  the  procedures  referred  to  in  paragraph  1  of  this  Article  have  been 
completed.  If  this  date  is  before  the  date  of  the  entry  into  force  of  the  agreement 
between the Russian Federation and the European Community on the facilitation of 
the  issuance  of  visas  to  the  citizens  of  the  Russian  Federation  and  the  European 
Union, this Agreement shall only enter into force on the same date as the latter. 

The  obligations  set  out  in  Articles  3  and  5  of  this  Agreement  shall  only  become 
applicable 3 years after the date referred to in paragraph 2 of this Article. During that 
3-year  period,  they  shall  only  be  applicable  to  stateless  persons  and  nationals  from 
third-countries with which the Russian Federation has concluded bilateral treaties or 
arrangements on readmission. 

(4) 

This Agreement is concluded for an unlimited period. 

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(5) 

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

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

For the European Community  
(...) 
For the Russian Federation 
(...) 

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Annex 1 to the Agreement between the European Community and the 
Russian Federation on readmission 

[Emblem of the Russian Federation] 

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

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

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

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

.………

… 

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

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

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

.........…….. 

(Place and date) 

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

(Designati

on of the 

competent 

authority 

of the 

requesting 

State) 

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

(cid:137)  ACCELERATED 
PROCEDURE 

To 

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

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

(Designation of the competent authority of 
the requested State) 

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1. 

READMISSION APPLICATION 

pursuant to Article 7 of the Agreement of ........... between the  

European Community and the Russian Federation on readmission  

A.  PERSONAL DETAILS 

1.  Full name (underline surname): 

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

2.Maiden name: 

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

3.Date and place of birth: 

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

Photograph 

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

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

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

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

6.Nationality and language: 

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

7.Civil status (where possible) 

(cid:0)married (cid:0) single (cid:0) divorced (cid:0) widowed 

If married: 

name of spouse................................................................................................................................ 

Names and age of children (if any)........................................................................................... 

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

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

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

8.Last address in the requesting State: 

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

9.Last place of residence in the requested State 

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

B.SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1.State of health  

(E.g. possible reference to special medical care; latin name of contagious disease): 

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

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26 

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2.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 official document No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

D. OBSERVATIONS 
.......................................................................................................................................................
.............…………… 
....................................................................................................................................................................…………… 
……………………………………………………………………………………………………………………………... 
................................................... 
(Signature of the competent authority of the requesting State) (Seal/stamp) 

EN 

27 

   EN 

 
the European Community and the Russian Federation on readmission  

Annex 2 to the Agreement between 

LIST OF DOCUMENTS 

FOR PROOF OF NATIONALITY 

–  passports  of  any  kind  of  the  Russian  Federation  or  the  Member  States  (e.g.  domestic 
passports,  citizens’  foreign  passports,  national  passports,  diplomatic  passports,  service 
passports and surrogate passports including children’s passports); 

–  certificate for return to the Russian Federation;  

–  national identity cards of EU Member States; 

–  citizenship certificates or other official documents that mention or indicate citizenship (e.g. 

birth certificate); 

–  service books and military identity cards; 

–  seaman’s registration books, skippers’ service cards and seamen’s passports; 

EN 

28 

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the European Community and the Russian Federation on readmission 

Annex 3 to the Agreement between 

LIST OF DOCUMENTS 

ANNEX 3 A 

FOR INDIRECT EVIDENCE OF NATIONALITY 

–  official photocopies of any of the documents listed in annex 2 to this Agreement; 

–  official  statements  made  for  the  purpose  of  the  accelerated  procedure,  in  particular,  by 
border authority staff and witnesses who can testify to the person concerned crossing the 
border. 

ANNEX 3 B 

–  driving licenses or photocopies thereof; 

–  any other official document issued by the authorities of the requested State; 

–  company identity cards or photocopies thereof; 

–  written statements by witnesses; 

–  written  statements  made  by  the  person  concerned  and  language  spoken  by  him  or  her, 

including by means of an official test result. 

EN 

29 

   EN 

 
Annex 4 to the Agreement between 

the European Community and the Russian Federation on readmission 

LIST OF DOCUMENTS FOR PROOF OF THE GROUNDS FOR THE 

READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS 

valid visa and/or residence authorisation issued by the requested State; 

–  entry/departure  stamps  or  similar  endorsement  in  the  travel  document  of  the  person 
concerned or other evidence of entry/departure (e.g. photographic, electronic or biometric). 

EN 

30 

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Annex 5 to the Agreement between 

the European Community and the Russian Federation on readmission 

List of documents for indirect evidence of the conditions 

FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS 

ANNEX 5 A 

–  official  statements  made  for  the  purpose  of  the  accelerated  procedure,  in  particular,  by 
border authority staff and witnesses who can testify to the person concerned crossing the 
border; 

ANNEX 5 B 

–  name tickets of air, train, coach or boat passages which show the presence and the itinerary 
of  the  person  concerned  from  the  territory  of  the  requested  state  to  the  territory  of  the 
requesting State; 

–  passenger  lists  of  air,  train,  coach  or  boat  passages  which  show  the  presence  and  the 
itinerary of the person concerned from the territory of the requested state to the territory of 
the requesting State; 

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

–  official  statements  made,  in  particular,  by  border  authority  staff  and  witnesses  who  can 

testify to the person concerned crossing the border;  

–  official statement by the person concerned in judicial or administrative proceedings; 

–  description  of  place  and  circumstances  under  which  the  person  concerned  has  been 

intercepted after entering the territory of the requesting state;  

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

agency;  

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

International Organisation; 

–  reports/confirmation of information by family members, travelling companions, etc; 

–  statement by the person concerned; 

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Annex 6 to the Agreement between 

The European Community and the Russian Federation on readmission 

[Emblem of the Russian Federation] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of the 

competent 

authority of 

the 

requesting 

State) 

Reference 

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

To 

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

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

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

(Designation of the competent authority of the requested State) 

EN 

32 

   EN 

 
 
 
 
 
 
TRANSIT APPLICATION 

pursuant to Article 15 of the Agreement of ........... between  

the European Community and the Russian Federation on readmission  

A. PERSONAL DETAILS 

1. Full name (underline surname): 

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

2.Maiden name: 

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

3.Date and place of birth: 

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

Photograph 

4.Sex and physical description (height, color of eyes, distinguishing marks etc.): 
…………………………………………………………………………………………………
……. 
5.Also known as (earlier names, other names used/by which known, or aliases): 
...........................................................................................................................……………….
…… 
6.Nationality and language: 
.............................................................................................................................………………
….. 
7.Type and number of travel document: 

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

B.SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1.State of health  
(E.g. possible reference to special medical care; latin name of contagious disease): 

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

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C.  TRANSIT OPERATION 

1.  Type of transit 

(cid:137)  by air 

(cid:137)  by sea 

(cid:137)  by land 

State of final destination 

2. 
…………………………………………………………………………………………………
……. 
3.Possible other States of transit 
…………………………………………………………………………………………………
……… 

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

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

5.Admission assured in any other transit State and in the State of final destination (Article 14 
(2) 
the  
of 
Agreement between the Russian Federation and the European Community on readmission) 

(cid:137)  yes 

(cid:137)  no 

6.Knowledge of any reason for a refusal of transit (Article 14 (3) of the Agreement between 
Russian  
the 
Federation and the European Community on readmission) 

(cid:137)  yes 

(cid:137)  no 

D.OBSERVATIONS 

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

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

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

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

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

(Signature of the competent authority of the requesting State) (Seal/stamp) 

EN 

34 

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Joint Declaration concerning Articles 2 (1) and 4 (1) 

“The  Contracting  Parties  take  note  that,  according  to  the  nationality  laws  of  the  Russian 
Federation and the Member States, it is not possible for a citizen of the European Union or the 
Russian Federation to be deprived of his or her nationality.  

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

EN 

35 

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Joint Declaration concerning Articles 3 (1) and 5 (1) 

“The Parties agree that a person is “entering directly” from the territory of the requested State 
within  the  meaning  of  these  provisions  if  such  person  arrived  by  air,  land  or  sea  on  the 
territory  of  the  requesting  State  without  having  entered  a  third-country  in-between.  Airside 
transit stays in a third-country shall not be considered as entry.” 

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Joint Declaration concerning the Kingdom of Denmark 

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

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37 

   EN 

 
Joint Declaration concerning the Republic of Iceland and the Kingdom of Norway 

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

EN 

38 

   EN