Agreement between the European Community and the Russian Federation on readmission - Joint Declarations
Date: 2006-05-25
Institutions: European Community, Russia
Subjects: Russia, agreement (EU), illegal migration, removal, residence permit

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between the European Community and the Russian Federation on readmission

AGREEMENT

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 No 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 the
provisions of this agreement do not apply to the Kingdom of Denmark,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

(c)

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

(a)

‘Readmission’ shall mean the transfer by the requesting
State and admission by the requested State of persons
third-country
(own nationals of
requested State,
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;

the

(d)

‘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;

(b)

‘Member State’
the
European Union with the exception of the Kingdom of
Denmark;

shall mean any Member State of

(e)

‘Third-country national’ shall mean any person holding a
nationality other than that of the Russian Federation or one
of the Member States;

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‘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;

(n)

‘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.

(f)

(g)

(h)

(i)

(j)

(k)

(l)

‘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
include the specific
the Member States. This shall not
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
to which a readmission
application pursuant to section III or a transit application
pursuant to section IV of this Agreement is addressed;

the Member States)

‘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
Protocol
concluded between the Russian Federation and individual
Member States in accordance with Article 20(1) lit. a) of
this Agreement;

implementing

bilateral

the

in

‘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 Interna-
tional airports of
the Member States and the Russian
Federation;

(m) ‘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;

READMISSION OBLIGATIONS BY THE RUSSIAN FEDERATION

SECTION I

Article 2

Readmission of Russian nationals

1.
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
the requesting Member State
residence on the territory of
provided it is established, in accordance with Article 9 of this
Agreement,
the Russian
that such person is a national of
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 subse-
quently renounced the nationality of the Russian Federation in
accordance with the national
the latter, without
acquiring the nationality or a residence authorisation of that
Member State or any other State.

laws of

2.
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
travel
the competent diplomatic mission or consular
document,
issue a new travel
the Russian Federation shall
office of
document with a period of validity of
the same duration
without delay.

that

Article 3

Readmission of

third-country nationals

and stateless

persons

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
can be
furnished,
in accordance with Article 10 of this Agreement,
that such person:

evidence

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

(b) holds, at the time of submission of the readmission appli-
cation, a valid residence authorisation issued by the Russian
Federation; or

(c) unlawfully entered the territory of

the Member States

directly from the territory of the Russian Federation.

The readmission obligation provided for in paragraph 1 of

2.
this Article shall not apply if:

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

the Member State at

laws of

2.
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
travel
be transferred within the period of validity of
issue a new
document,
travel document with a period of validity of
the same
duration without delay.

the Member State concerned shall

that

(a)

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

(b) 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
issued by
possession of a visa or residence authorisation,
the Russian Federation, which has a longer period of
validity;

Article 5

Readmission of

third-country nationals

and stateless

persons

1.
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,
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:

fulfil

(c)

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

3.
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 recognised by the
Russian Federation (EU standard travel document for expulsion
purposes in line with the form set out in EU Council recom-
mendation of 30 November 1994).

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of nationals of the Member States

1.
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
this
Agreement, that such person is a national of that Member State.

in accordance with Article 9 of

is established,

it

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

(b) holds, at the time of submission of the readmission appli-
cation, a valid residence authorisation issued by the
requested Member State; or

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

The readmission obligation provided for in paragraph 1 of

2.
this Article shall not apply if:

(a)

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

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(b) 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;

(a)

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);

(c)

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

(b) 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.

3.
The readmission obligation in paragraph 1 of this Article
is for the Member State that issued a visa or residence author-
isation. 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 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
recognised by the Member State concerned.

SECTION III

READMISSION PROCEDURE

Article 6

Readmission application

Subject to paragraph 2, any transfer of a person to be
1.
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.

To the extent possible, the readmission application should

2.
also contain the following information:

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

(b) any other protection or security measure which may be

necessary in the individual transfer case.

A common form to be used for readmission applications

3.
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

2.
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.

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
If such documents are
presented, the Member States and the Russian Federation shall
mutually recognise the nationality without further verification
being required.

its period of validity has expired.

3.
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 two working
days
(accelerated
procedure).

apprehension

following

persons

this

If none of

2.
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

Article 7

Content of readmission applications

Any readmission application is to contain the following

1.
information:

— 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,

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— 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

3.
documents.

false

The unlawfulness of entry, presence or residence shall be
4.
established by means of the travel documents of the person
concerned in which the necessary visa or residence authori-
sation for the territory of the requesting State is missing. A
the
duly motivated statement by the requesting State that
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.

State

4.
If none of the documents listed in Annexes 2 or 3 to this
Agreement can be presented, the competent diplomatic repre-
sentation or consular post of the Russian Federation or the
Member
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.

concerned

upon

shall,

Article 11

Time limits

1.
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.

Article 10

Evidence regarding third-country nationals and stateless
persons

1.
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.

2.
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.

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

3.
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 two working days
(defined in accordance with the legislation of the requested
State)
from the confirmed receipt of the readmission appli-
cation.

— 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,

4.
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.

— 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.

3.
Proof of the grounds for readmission of third-country
nationals and stateless persons cannot be furnished through
false documents.

5.
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 two working
days. Upon duly motivated request, this time limit may be
extended by the time taken to deal 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.

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Article 12

Refusal of a readmission application

(c) on grounds of public health, domestic security, public order

or other national interests of the requested State.

Reasons shall be given for refusal of a readmission application.

Article 13

Transfer modalities and modes of transportation

1.
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.

2.
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

1.
The Member States and the Russian Federation shall
stateless
restrict
persons to cases where such persons cannot be returned to
the State of destination directly.

third-country nationals or

the transit of

2.
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
the Russian
third-country nationals or
Federation so requests,
if the onward journey through other
States of transit and the admission by the State of destination
is assured.

stateless persons

if

Transit can be refused by the Russian Federation or a

3.
Member State:

(a)

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

circumstances

The Russian Federation or a Member State may revoke
4.
referred to in
any authorisation issued if
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 read-
mission by the State of destination is no longer assured. In this
case,
take back the third-country
national or the stateless person, as necessary and without delay.

the requesting State shall

Article 15

Transit procedure

An application for transit operations must be submitted to
1.
the competent authorities in writing and is to 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, date of birth and — where possible — place of
birth, nationality, type and number of travel document);

(c) envisaged border crossing point,

time of

transfer and

possible use of escorts;

(d) 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.

The

requested State

2.
inform the
shall,
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.

in writing,

3.
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.

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

4.
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.

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SECTION V

COSTS

Article 16

— other information needed to identify the person to be
readmitted or to examine the readmission requirements
pursuant to this Agreement;

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.

SECTION VI

DATA PROTECTION

Article 17

Data protection

competent authorities of

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

legislation of
authorities of

the competent authorities of

legislation of

and the

(a) personal data must be processed fairly and lawfully;

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

up to date;

(e) personal data must be kept in a form which permits iden-
tification 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;

(f) 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;

(g) 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;

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

(h) personal data may only be communicated to the competent
this
authorities entrusted with the implementation of
bodies
Further
Agreement.
requires the prior consent of
the competent authority
communicating personal data;

communication to other

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

further processed;

— 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,

(i)

the competent authority communicating personal data and
the competent authority receiving personal data are under
the obligation to make a written record of the communi-
cation 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:

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(a)

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

The decisions of the Committee shall be binding on the

2.
Parties.

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

(c)

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

or Degrading Treatment

Inhuman

(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.

The Committee shall be composed by representatives of
3.
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

4.
of one of the Parties.

5.

The Committee shall establish its rules of procedures.

Article 20

Implementing Protocols

The Russian Federation and Member States shall conclude

1.
implementing Protocols which shall cover rules on:

(a)

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

information on contact points

Nothing in this Agreement shall prevent the return of a

3.
person under other formal or informal arrangements.

(b) the modalities
procedure;

for

readmission under

the

accelerated

Article 19

Joint readmission committee

(c)

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

The Parties shall set up a joint readmission committee
in

the Committee) which will,

referred to as

1.
(hereinafter
particular, have the task:

(d) proofs and evidence additional

to those listed in the

Annexes 2 to 5 to this Agreement;

(a)

to monitor the application of this Agreement;

(e)

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

(b) to decide on arrangements necessary for

the uniform

execution of this Agreement;

(c)

to have a regular exchange of information on the imple-
menting 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)

to propose amendments to this Agreement;

(f)

to examine and, if deemed necessary, propose amendments
to this Agreement
to the
European Union.

in case of new accessions

(f) where necessary, specific arrangements concerning time
in

limits
accordance with Article 11(2) of this Agreement.

readmission applications

the handling of

for

2.
The implementing Protocols referred to in paragraph 1 of
this Article shall enter into force only after the Committee has
been notified.

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 appli-
cation to the Russian Federation. The Member States shall agree
to apply any provision of an implementing Protocol concluded
relations with the Russian
by one of
Federation, upon request of
to the
practical feasibility of its application to other Member States.

the latter and subject

them also in their

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shall not

specific
This
arrangements referred to in paragraph 1 lit. (f) of this Article.

to provisions

containing

apply

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.

This Agreement shall not apply to the territory of the

2.
Kingdom of Denmark.

Article 22

Annexes

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

Subject to paragraph 3 of this Article, this Agreement
2.
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

3.
this
Agreement shall only become applicable three 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
or
Federation
arrangements on readmission.

concluded

bilateral

treaties

has

4.

This Agreement is concluded for an unlimited period.

Each Contracting Party may denounce this Agreement by
5.
officially notifying the other Contracting Party. This Agreement
shall cease to be in force six months after the date of receipt of
such notification.

Article 23

Entry into force, duration and termination

This Agreement shall be ratified or approved by the

1.
Parties in accordance with their internal procedures.

Done at Sochi on the twenty-fifth day of May in the year two
thousand and six 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.

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Hecho en Sochi, el veinticinco de mayo del dos mil seis.
V Soči dne dvacátého pátého května dva tisíce šest.
Udfærdiget i Sotji den femogtyvende maj to tusind og seks.
Geschehen zu Sotschi am fünfundzwanzigsten Mai zweitausendsechs.
Kahe tuhande kuuenda aasta maikuu kahekümne viiendal päeval Sotšis.
'Εγινε στο Σότσι, στις είκοσι πέντε Μαΐου δύο χιλιάδες έξι.
Done at Sochi on the twenty fifth day of May in the year two thousand and six.
Fait à Sotchi, le vingt cinq mai deux mille six.
Fatto a Soci, addì venticinque maggio duemilasei.
Sočos, divtūkstoš sestā gada divdesmit piektajā maijā.
Priimta du tūkstančiai šeštų metų gegužės dvidešimt penktą dieną Sočyje.
Kelt Szocsiban, a kettőezer hatodik év május huszonötödik napján.
Magħmul f'Sochi, fil-ħamsa u għoxrin jum ta' Mejju tas-sena elfejn u sitta.
Gedaan te Sotsji, de vijfentwintigste mei tweeduizend zes.
Sporządzono w Soczi dnia dwudziestego piątego maja roku dwutysięcznego szóstego.
Feito em Sotchi, em vinte e cinco de Maio de dois mil e seis.
V Soči dňa dvadsiateho piateho mája dvetisícšesť.
V Soči, petindvajsetega maja leta dva tisoč šest.
Tehty Sotšissa kahdentenakymmenentenäviidentenä päivänä toukokuuta vuonna kaksituhattakuusi.
Som skedde i Sotji den tjugofemte maj tjugohundrasex.
Adoptată la Sochi, la douăzeci și cinci mai două mii șase.
Совершено в г. Сочи двадцать пятого мая две тысячи шестого года.

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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
Pentru Comunitatea Europeană
За Европейское сообщество

Por la Federación de Rusia
Za Ruskou federaci
For Den Russiske Føderation
Für die Russische Föderation
Venemaa Föderatsiooni nimel
Για τη Ρωσική Ομοσπονδία

For the Russian Federation
Pour la Fédération de Russie
Per la Federazione russa
Krievijas Federācijas vārdā
Rusijos Federacijos vardu
Az Orosz Föderáció részéről
Għall-Federazzjoni Russa
Voor de Russische Federatie
W imieniu Federacji Rosyjskiej
Pela Federação da Rússia
Za Ruskú federáciu
Za Rusko federacijo
Venäjän federaation puolesta
På ryska federationen vägnar
Pentru Federația Rusă
За Российскую Федерацию

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ANNEX 1 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON
READMISSION

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ANNEX 2 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON
READMISSION

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.

ANNEX 3 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON
READMISSION

List of documents for indirect evidence of nationality

ANNEX 3 A

— 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.

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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).

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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

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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.’

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.’

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.’

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.
the Russian Federation concludes a readmission
agreement with the Republic of Iceland and the Kingdom of Norway in the same terms as this Agreement.’

In such circumstances it

is appropriate that