Proposal for a Council Decision concerning the signing of the Agreement between the European Community and Ukraine on readmission
Date: 2007-04-18
Institutions: European Commission
Subjects: Ukraine, agreement (EU), return migration, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.4.2007 
COM(2007) 197 final 

2007/0071 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Ukraine on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Ukraine on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

In  the  common  EU  strategy  of  11  December  1999  on  Ukraine,  the  conclusion  of  a 
readmission agreement with this country was one of the measures proposed. On 13 June 2002, 
the General Affairs Council formally authorised the Commission to negotiate a readmission 
agreement between the European Community and Ukraine. In August 2002, the Commission 
transmitted a draft text to the Ukrainian authorities and the first formal negotiation round took 
place on 18 November  2002 in Kiev. Twelve further sessions  were held alternately in  Kiev 
and Brussels and, since November 2005, in parallel ("back-to-back") with negotiations on a 
EC-Ukraine  visa  facilitation  agreement.  Moreover,  formal  negotiations  were  occasionally 
prepared by informal expert meetings. 

At the last formal round on 10 October 2006, the Commission presented Ukrainian side with a 
"package deal" on both agreements, which included, as far as the readmission agreement was 
concerned, a proposal for a 2 year transitional period for the entry into force of the provisions 
in the agreement dealing with the readmission of third country nationals and stateless persons. 
On 25 October the Ukrainian Ambassador to the EU informed the Commission that Ukraine 
could accept the "package deal", including the transitional period of 2 years. The final texts of 
the  readmission  and  visa  facilitation  agreements  were  initialled  at  the  occasion  of  the  EU-
Ukraine Summit in Helsinki on 27 October 2006. 

Member States have been regularly 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  15  of  the  Agreement.  Under  Article  15  (5),  the 
readmission  committee  shall  adopt  its  own  rules  of  procedure.  As  in  the  case  for  the  other 
readmission agreements so far concluded by the Community, the Community position in this 
regard  shall  be  established  by  the  Commission  in  consultation  with  a  special  committee 
designated by the Council. 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. 

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The final content of it can be summarised as follows: 

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The Agreement is divided into 7 sections with 21 articles altogether. It also contains 
8  annexes,  which  form  an  integral  part  of  it,  4  joint  declarations  and  1  unilateral 
declaration by Ukraine.  

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

The  obligation  to  readmit  own  nationals  (Article  2)  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 is supplemented by a 
joint declaration concerning the deprivation of nationality. 

The obligation to readmit third country nationals and stateless persons (Article 3) is 
linked  to  the  following  prerequisites:  (a)  the  person  concerned  held  at  the  time  of 
entry  a  valid  visa  issued  by  the  requested  State  and  has  entered  directly  from  this 
State’s  territory,  or  (b)  the  person  concerned  held  at  the  time  of  entry  a  valid 
residence  authorisation  issued  by  the  requested  State,  or  (c)  the  person  concerned 
illegally 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.  

In  return  for  Ukraine  agreeing  to  the  aforementioned  obligation  regarding  the 
readmission of third-country nationals and stateless persons (Article 3), the European 
Community agreed to delay for 2 years after the entry into force of the Agreement 
the  applicability  of  these  obligations  (Article  20  para.  3  ).  During  that  two-year 
transitional  period,  Article  3  of  the  Agreement  shall  only  become  applicable  to 
stateless  persons  and  nationals  from  third-countries  with  which  Ukraine  has 
concluded  bilateral  treaties  or  arrangements  on  readmission.  Moreover,  during  that 
two-year  transitional  period,  the  provisions  in  existing  bilateral  agreements  or 
arrangements concluded between individual Member States and Ukraine concerning 
readmission of  stateless persons  and third  country nationals shall  continue  to apply 
(Article 17 para. 2). 

With regard to third-country nationals and stateless persons for whom it has given a 
positive  reply  to  the  readmission  application,  Ukraine  accepts  the  use  of  the  EU's 
standard travel document for expulsion purposes (Article 3 para. 4). 

The Agreement contains a section on transit operations (Articles 10 and 11 in conj. 
with annex 6). 

Section III of the Agreement (Articles 6 to 9 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, 

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also holds a valid visa or  residence authorisation  of the  State  which has to readmit 
him or her (Article 5 para. 2). In its paragraph 3, Article 5 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 Ukraine 
or  within  the  territories  of  seaports  and  International  airports  of  Member  States  or 
Ukraine.  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 is 14 calendar days with the right to an 
extension of up to 30 calendar days in duly motivated cases.  

Articles 12 to 14 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 15. 

In order to execute this Agreement in practice, Article 16 creates the possibility for 
Ukraine and individual Member States to conclude bilateral implementing Protocols. 
The  relation  between  the  bilateral  implementing  Protocols  and  this  Agreement  is 
clarified by Article 17 para. 1. 

The final provisions (Art. 18 to 21) contain the necessary rules on entry into force, 
duration, possible amendments, termination and the legal status of the annexes to the 
agreement.  

The  specific  situation  of  Denmark  is  reflected  in  the  preamble,  Article  1  lit.  b), 
Article  18  para.  2  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. 

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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 Ukraine on readmission. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Ukraine 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 Commission1, 

WHEREAS: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

By its decision of 13 June 2002, the Council authorised the Commission to negotiate 
an agreement between the European Community and Ukraine on readmission. 

Negotiations  for  the  Agreement  took  place  between  18  November  2002  and  10 
October 2006. 

Subject to its possible conclusion at a later date, the Agreement initialled in Helsinki 
on 27 October 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, 

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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 Ukraine on readmission. 

Done in Brussels, the………..of…………2007. 

For the Council 
The President 

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2007/0071 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Ukraine 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 Commission2, 

Having regard to the opinion of the European Parliament3 

WHEREAS:  

(1) 

(2) 

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

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2007  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) 

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. 

(6) 

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 

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establishing the European Community, Ireland has notified its wish to take part in 
the adoption and application of this Decision. 

(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 Ukraine 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 20 paragraph 
2 of the Agreement4. 

Article 2 

The Commission, assisted by experts from Member States, shall represent the Community 
in the Joint Readmission Committee established by Article 15 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 15 (5) of the Agreement shall be 
taken by the Commission after consultation with a special committee designated by the 
Council. 

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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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Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done in Brussels, the………of…………2007 

For the Council 
The President 

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Annex 

AGREEMENT 
BETWEEN THE EUROPEAN COMMUNITY AND UKRAINE ON THE 
READMISSION OF PERSONS 

THE HIGH CONTRACTING PARTIES, 

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

and 

UKRAINE, 

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

Concerned  at the significant increase in the activities  of  organized  criminal  groups  in  the 
smuggling of migrants, 

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

Considering  that,  in  appropriate  cases,  Ukraine  and  the  Member  States  of  the  European 
Union  should  make  best  efforts  to  send  third-country nationals and stateless persons who 
illegally  entered  their  respective  territories,  back  to  the  States  of  origin  or  permanent 
residence, 

Acknowledging  the  necessity  of  observing  human  rights  and  freedoms,  and  emphasizing 
that  this  Agreement  shall  be  without  prejudice  to  the  rights  and  obligations  of  the 
Community,  the  Member  States  of  the  European  Union  and  Ukraine  arising  from  the 
Universal Declaration of Human Rights of 10 December 1948 and from international law, 
in  particular,  from  the  European  Convention  of  4  November  1950  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms,  the  Convention  of  28  July  1951  and  the 
Protocol of 31 January 1967 on the Status of Refugees, the international Covenant on Civil 
and Political Rights of 19 December 1966 and international instruments on extradition, 

Taking into account that cooperation between Ukraine and the Community in the fields of 
readmission and facilitation of mutual travel is of common interest, 

Considering that the provisions of this Agreement, which falls within the scope of Title IV 
of  the  Treaty  establishing  the  European  Community,  do  not  apply  to  the  Kingdom  of 
Denmark,  in  accordance  with  the  Protocol  on  the  position  of  Denmark  annexed  to  the 
Treaty on European Union and the Treaty establishing the European Community,  

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HAVE AGREED AS FOLLOWS: 

Article 1  

Definitions 

For the purpose of this Agreement: 

(a)  “Contracting Parties” shall mean Ukraine and the Community. 

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

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

(d) “National of Ukraine” shall mean any person who holds the nationality of Ukraine. 

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

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

(g) “Residence authorization” shall mean a certificate of any type issued by Ukraine or one 
of  the  Member  States  entitling  a  person  to  reside  in  its  territory.  This  shall  not  include 
temporary  permissions  to  stay  in  its  territory  in  connection  with  the  processing  of  an 
asylum  application,  an  application  for  refugee  status  or  an  application  for  a  residence 
authorization. 

(h) “Visa” shall mean an authorization issued or a decision taken by Ukraine or one of the 
Member  States  which  is  required  with  a  view  to  entry  in,  or  transit  through,  its  territory. 
This shall not include airport transit visa. 

(i)  “Requesting  State”  shall  mean  the  State  (Ukraine  or  one  of  the  Member  States) 
submitting  the  readmission  application  pursuant  to  Article  5  or  a  transit  application 
pursuant to Article 11 of this Agreement. 

(j)  “Requested State” shall mean the State (Ukraine or one of the Member States) to which 
a readmission application pursuant to Article 5 or a transit application pursuant to Article 
11 of this Agreement is addressed. 

(k) “Competent  Authority”  shall  mean  any  national  authority  of  Ukraine  or  one  of  the 
Member  States  entrusted  with  the  implementation  of  this  agreement  in  accordance  with 
Article 16 thereof. 

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

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SECTION I. READMISSION OBLIGATIONS 

Article 2 

Readmission of own nationals 

(1) The Requested State shall, upon application by the Requesting State and without further 
formalities  other  than  those  provided  for  by  this  Agreement,  readmit  to  its  territory  all 
persons who do not, or who no longer, fulfil the conditions in force for entry to or stay on 
the territory of the Requesting State provided that evidence is furnished, in accordance with 
Article 6 of this Agreement, that they are nationals of the Requested State. 

The same shall apply to persons who, after entering the territory of the Requesting State, 
have renounced the nationality of the Requested State without acquiring the nationality of 
the Requesting State.  

(2) The  Requested  State  shall,  as  necessary  and  without  delay,  issue  the  person  whose 
readmission has been accepted with the travel document with a period of validity of at least 
6  months;  this  is  irrespective  of  the  will  of  the  person  to  be  readmitted.  If,  for  legal  or 
factual reasons, the person concerned cannot be transferred within the period of validity of 
the travel document that was initially issued, the Requested State shall, within 14 calendar 
days,  extend  the  validity  of  the  travel  document  or,  where  necessary,  issue  a  new  travel 
document  with  the  same  period  of  validity.  If  the  Requested  State  has  not,  within  14 
calendar  days,  issued  the  travel  document,  extended  its  validity  or,  where  necessary, 
renewed it, the Requested State shall be deemed to accept the expired document. 

Article 3 

Readmission of third-country nationals and stateless persons 

(1)  The  Requested  State,  upon  application  by  the  Requesting  State  and  without  further 
formalities  other  than  those  provided  for  by  this  Agreement,  shall  readmit  to  its  territory 
third-country nationals or stateless persons which do not, or no longer, fulfill the conditions 
in force for entry to or stay on the territory of the Requesting State provided that evidence 
is furnished, in accordance with Article 7 of this Agreement, that such persons  

(a)  illegally entered the territory of the Member States coming directly from the territory of 
Ukraine  or  illegally  entered  the  territory  of  Ukraine  coming  directly  from  the  territory  of 
the Member States;  

or 

(b) at the time of entry held a valid residence authorisation issued by the Requested State;  

or 

(c)  at  the  time  of  entry  held  a  valid  visa  issued  by  the  Requested  State  and  entered  the 
territory of the Requesting State coming directly from the territory of the Requested State.  

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(2) The readmission obligation in paragraph 1 shall not apply if  

a)  the  third  country  national  or  stateless  person  has  only  been  in  airside  transit  via  an 
International Airport of the Requested State; or 

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

that person is in possession of a visa or residence authorisation, issued by the Requested 

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State, which has a longer period of validity; or 

the visa or residence authorization issued by the Requesting State has been obtained by 

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using forged or falsified documents. 

c)  the  third  country  national  or  stateless  person  does  not  need  a  visa  for  entering  the 
territory of the Requesting State. 

(3) As far as Member States are concerned, the readmission obligation in paragraph 1 lit. b) 
and/or  c)  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 lit. b) and/or c) 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 lit. b) and/or c) is for the Member State that issued the document with the most 
recent  expiry  date.  If  no  such  documents  can  be  presented,  the  readmission  obligation  in 
paragraph 1 is for the Member State of last exit. 

(4) After the Requested State has given a positive reply to the readmission application, the 
Requesting State issues the person whose readmission has been accepted a travel document 
recognized  by  the  Requested  State.  If  the  Requesting  State  is  an  EU  Member  State  this 
travel document is the EU standard travel document for expulsion purposes in line with the 
form  set  out  in  EU  Council  recommendation  of  30  November  1994  (Annex  7).  If  the 
Requesting State is Ukraine this travel document is the Ukrainian return certificate (Annex 
8). 

Article 4 

Readmission in error 

The Requesting State shall take back any person readmitted by the Requested State if it is 
established, within a period of 3 months after the transfer of the person concerned, that the 
requirements laid down in articles 2 or 3 of this Agreement are not met. 

In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and 
the Requested State shall also communicate all available information relating to the actual 
identity and nationality of the person to be taken back. 

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SECTION II. READMISSION PROCEDURE 

Article 5 

Readmission application 

(1) Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of 
the obligations contained in Articles 2 and 3 shall require the submission of a readmission 
application to the competent authority of the Requested State. 

(2) If the person to be readmitted is in possession of a valid travel document or identity card 
and,  in  the  case  of  third  country  nationals  or  stateless  persons,  a  valid  visa  or  residence 
authorization of the Requested State, the transfer of such person can take place without the 
Requesting State having to submit a readmission application or written communication to 
the competent authority of the Requested State. 

(3) Without prejudice to paragraph 2, if a person has been apprehended in the border region 
of  the  Requesting  State  within  48  hours  from  the  moment  of  illegal  crossing  of  the  state 
border of that person (including seaports and airports) coming directly from the territory of 
the  Requested  State,  the  Requesting  State  may  submit  a  readmission  application  within  2 
days following this persons apprehension (accelerated procedure). 

(4) The readmission application shall contain the following information: 

a)  all available particulars of the person to be readmitted (e.g. given names, surnames, date 
and place of birth, sex and the last place of residence); 

b)  means  of  evidence  regarding  nationality,  the  conditions  for  the  readmission  of  third-
country nationals and stateless persons.  

(5) Where  necessary,  the  readmission  application  should  also  contain  the  following 
information: 

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

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

(6) A common form to be used for readmission applications is attached as Annex 5 to this 
Agreement.  

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Article 6 

Means of evidence regarding nationality 

(1) Nationality of the Requested State pursuant to Article 2 (1) of this Agreement may be: 

a)  proven by any of the documents listed in Annex 1 to this Agreement even if their period 
of  validity  has  expired.  If  such  documents  are  presented,  the  Requested  State  shall 
recognize the nationality without further investigation being required. Proof of nationality 
cannot be furnished through forged or falsified documents. 

b)  established on the basis of any of the documents listed in Annex 2 to this Agreement 
even if their period of validity has expired. If such documents are presented, the Requested 
State shall deem the nationality to be established, unless it can prove otherwise on the basic 
of an investigation with participation of the competent authorities of the Requesting State. 
Nationality cannot be established through forged or falsified documents. 

(2) If  none  of  the  documents  listed  in  annexes  1  or  2  can  be  presented,  the  competent 
diplomatic representation of the Requested State shall interview the person to be readmitted 
within  a  maximum  of  10  calendar  days,  in  order  to  establish  his  or  her  nationality.  This 
time limit begins with the date of receipt of the readmission application. 

Article 7 

Means of evidence regarding third-country nationals and stateless persons 

(1) The  conditions  for  the  readmission  of  third-country  nationals  and  stateless  persons 
pursuant to Article 3 (1) (a) of this Agreement may be: 

a)  proven  by  any  of  the  documents  listed  in  Annex  3a  to  this  Agreement.  If  such 
documents  are  presented,  the  Requested  State  shall  recognize  the  illegal  entrance  on  the 
territory of the Requesting State (or Member States if the Requested State is Ukraine) from 
its territory.  

b)  established  on  the  basis  of  any  of  the  documents  listed  in  Annex  3b  to  the  present 
Agreement.  If  such  documents  are  presented,  the  Requested  State  shall  carry  out  an 
investigation and shall give an answer within a maximum of 20 calendar days. In the event 
of  a  positive  answer,  or  if  no  answer  is  given  when  the  time  limit  has  expired,  the 
Requested State shall recognize the illegal entrance on the territory of the Requesting State 
(or Member States if the Requested State is Ukraine) from its territory.  

(2) The unlawfulness of the entry to the territory of the Requesting State pursuant to Article 
3  (1)  (a)  of  this  Agreement  shall  be  established  by  means  of  the  travel  documents  of  the 
person  concerned  in  which  the  necessary  visa  or  other  residence  authorization  for  the 
territory of the Requesting State are 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 authorization shall likewise provide prima facie evidence of the unlawful 
entry, presence or residence. 

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(3) The  conditions  for  the  readmission  of  third-country  nationals  and  stateless  persons 
pursuant to Article 3 (1) (b) and (c) of this Agreement may be: 

a)  proven  by  any  of  the  documents  listed  in  Annex  4a  to  this  Agreement.  If  such 
documents are presented, the Requested State shall recognize the residence of such persons 
in its territory without further investigation being required.  

b)  established  on  the  basis  of  any  of  the  documents  listed  in  Annex  4b  to  the  present 
Agreement.  If  such  documents  are  presented,  the  Requested  State  shall  carry  out  an 
investigation and shall give an answer within a maximum of 20 calendar days. In the event 
of  a  positive  answer,  or  if  not  proven  otherwise,  or  if  no  answer  is  given  when  the  time 
limit  has  expired,  the  Requested  State  shall  recognize  the  stay  of  such  persons  in  its 
territory. 

(4) Proof of the conditions for readmission of third-country nationals and stateless persons 
cannot be furnished through forged or falsified documents. 

Article 8 

Time limits  

(1) The  application  for  readmission  must  be  submitted  to  the  competent  authority  of  the 
Requested  State  within  a  maximum  of  one  year  after  the  Requesting  State’s  competent 
authority has gained knowledge that a third-country national or a stateless person does not, 
or does no longer, fulfil the conditions in force for entry, presence or residence. 

Readmission obligation shall not arise in case if the readmission application regarding such 
persons is submitted after the expiry of the mentioned term. Where there are legal or factual 
obstacles to the application being submitted in time, the time limit shall, upon request, be 
extended up to 30 calendar days. 

(2) With  the  exception  of  the  time  limits  mentioned  in  Articles  7(1)  b)  and  7(3)  b)],  a 
readmission application shall be replied to by the Requested State without undue delay, and 
in  any  event  within  14  calendar  days  after  the  date  of  receipt  of  such  application.  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,  in  all  cases,  up  to  a  maximum  of  30 
calendar days. 

(3) In  the  case  of  a  readmission  application  submitted  under  the  accelerated  procedure 
(Article 5(3)), a reply has to be given within 2 working days after the date of receipt of such 
application.  If  necessary,  upon  duly  motivated  request  by  the  Requested  State  and  after 
approval  by  the  Requesting  State,  the  time  limit  for  a  reply  to  the  application  may  be 
extended by 1 working day.  

(4) If  there  was  no  reply  within  the  time  limits  referred  to  in  paragraphs  2  and  3  of  this 
Article, the transfer shall be deemed to have been agreed to. 

(5) Reasons for refusal of a readmission request shall be given to the Requesting State. 

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(6) After agreement has been given or, where applicable after expiry of the time limits laid 
down in paragraph 2, the person concerned shall be transferred without delay in the terms 
agreed  upon  by  the  competent  authorities  in  accordance  with  Article  9  (1)  of  this 
Agreement. Upon request of the Requesting State, this time limit may be extended by the 
time taken to deal with legal or practical obstacles to the transfer. 

Article 9 

Transfer modalities and modes of transportation 

(1) Before the transfer of a person, the competent authorities  of  the Requesting State and 
the Requested State  shall make arrangements in writing in advance regarding the transfer 
date, the point of entry, possible escorts and other information relevant to the transfer.  

(2) All means of transportation, whether by air, land or sea, shall be allowed. Transfer by 
air shall not be restricted to the use of the national carriers of the Requesting State or the 
Requested State and may take place by using scheduled flights as well as charter flights. In 
case  of  need  for  escorts,  such  escorts  shall  not  be  restricted  to  authorized  persons  of  the 
Requesting State, provided that they are authorized persons from Ukraine or any Member 
State. 

SECTION III.  

TRANSIT OPERATIONS 

Article 10  

Principles 

(1) The Member States and Ukraine should restrict the transit of third-country nationals or 
stateless persons to cases where such persons cannot be returned to the State of destination 
directly. 

(2) The  Requested  State  shall  allow  the  transit  of  third-country  nationals  or  stateless 
persons, if the further transportation of such persons in possible other States of transit and 
the readmission by the State of destination is guaranteed. 

(3) Transit of third-country nationals or stateless persons shall be carried out under escorts, 
if so requested by the Requested State. The procedural details for escorted transit operations 
shall be laid down in the implementing protocols in accordance with Article 16.  

(4) Transit can be refused by the Requested State 

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

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

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

(5) The Requested State may revoke any authorisation issued if circumstances referred to in 
paragraph 4 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 guaranteed. 

Article 11 

Transit procedure  

(1) An  application  for  transit  operations  must  be  submitted  to  the  competent  authority  of 
the Requested State in writing and is to contain the following information: 

a)  type of transit (by air, land or sea), route of transit, other States of transit, if any, and the 
State of final destination; 

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

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

d)  a declaration that in the view of the Requesting State the conditions pursuant to Article 
10 (2) are met, and that no reasons for a refusal pursuant to Article 10 (4) are known of. 

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

(2) The Requested State shall, within 10 calendar days after receiving the application and in 
writing, inform the Requesting State of its consent to the transit operation, confirming the 
point of entry and the envisaged time of admission, or inform it of the transit refusal and of 
the reasons for such refusal.  

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

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

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Section IV 

Costs 

Article 12 

Transport and transit costs 

All transport costs incurred in connection with readmission and transit operations pursuant 
to this Agreement as far as the border of the State of final destination shall be borne by the 
Requesting  State,  as  well  as  the  transport  and  maintenance  costs  of  the  Requested  State 
relating to the return of persons in accordance with Article 4 of this Agreement. This shall 
be  without  prejudice  to  the  right  of  the  competent  authorities  of  the  Member  States  and 
Ukraine to recover such costs from the person concerned or third parties.  

Section V 

Data protection and non-affection clause 

Article 13 

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 
Ukraine  or  a  Member  State  as  the  case  may  be.  When  communicating,  processing  or 
treating personal data in a particular case, the competent authorities of Ukraine shall abide 
by  the  relevant  legislation  of  Ukraine,  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) 

personal data must be processed fairly and lawfully; 

(b) 

(c) 

personal  data  must  be  collected  for  the  specified,  explicit  and 
legitimate purpose of implementing this Agreement and not further 
processed  by  the  communicating  authority  nor  by  the  receiving 
authority in a way incompatible with that purpose; 

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

–  the  particulars  of  the  person  to  be  transferred  (given  names,  surnames,  other 
names used/by which known or aliases, sex, civil status, date and place of birth, 
current and any previous nationality); 

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–  passport,  identity  card  or  driving  license  and  other  identification  or  travel 
documents (number, period of validity, date of issue, issuing authority, place of 
issue); 

–  stop-overs and itineraries; 

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

the readmission requirements pursuant to this Agreement; 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

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  is  necessary  for  the  purpose  for 
which  the  data  were  collected  or  for  which  they  are  further 
processed; 

both the communicating authority and the receiving authority shall 
take every reasonable step to ensure as appropriate the rectification, 
erasure or blocking of personal data where the processing does not 
comply with the provisions of this article, in particular because that 
data  are  not  adequate,  relevant,  accurate,  or  they  are  excessive  in 
relation to the purpose of processing. This includes the notification 
of any rectification, erasure or blocking to the other Party; 

request, 

upon 
the 
receiving  authority 
communicating authority of the use of the communicated data and 
of the results obtained there from; 

inform 

shall 

the 

personal  data  may  only  be  communicated  to  the  competent 
authorities.  Further  communication  to  other  bodies  requires  the 
prior consent of the communicating authority; 

the  communicating  and  the  receiving  authorities  are  under  an 
obligation  to  make  a  written  record  of  the  communication  and 
receipt of personal data. 

Article 14 

Non-affection clause 

(1) This Agreement shall be without prejudice to the rights, obligations and responsibilities 
of the Community, the Member States and Ukraine arising from International Law and, in 
particular,  from  any  applicable  International  Convention  or  agreement  to  which  they  are 
Parties, including those referred to in the Preamble. 

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

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Section VI 

Implementation and application 

Article 15 

Joint Readmission committee 

The  Contracting  Parties  shall  provide  each  other  with  mutual  assistance  in  the 
(1) 
application  and  interpretation  of  this  Agreement.  To  this  end,  they  shall  set  up  a  joint 
readmission committee (hereinafter referred to as “the Committee”), which shall have the 
following tasks and competencies:  

a)  to monitor the application of this Agreement and have regular exchanges of information 
on  the  implementing  Protocols  drawn  up  by  individual  Member  States  and  Ukraine 
pursuant to Article 16; 

b)  to prepare proposals and make recommendations for amendments to this Agreement; 

с)  to decide on implementing arrangements necessary for the uniform application of this 
agreement. 

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

(3) The Committee shall be composed by representatives of the Community and Ukraine; 
the Community shall be represented by the Commission, assisted by experts from Member 
States.  

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

(5) The Committee shall establish its rules of procedures. 

Article 16 

Implementing Protocols 

(1) Ukraine  and  a  Member  State  may  draw  up  implementing  Protocols  which  shall  cover 
rules on 

a)  designation of the competent authorities; 

b)  border crossing points for the transfer of persons; 

c)  mechanism of communication between the competent authorities; 

d)  modalities for returns under the accelerated procedure; 

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

f)  additional means and documents necessary to implement this agreement; 

g)  modes  and  procedures  for  recovering  costs  in  connection  with  implementation  of 
Article 12 of this Agreement. 

(2) The implementing Protocols referred to in paragraph 1 shall enter into force only after 
the readmission committee, referred to in Article 15, has been notified. 

(3) Ukraine agrees to apply any provision relating to paragraph 1 lit. d), e), f) or g) of an 
implementing Protocol drawn up with one Member State also in its relations with any other 
Member State upon request of the latter. 

Article 17 

Relation to bilateral readmission agreements of Member States 

(1) Subject  to  paragraph  2  of  this  article,  the  provisions  of  this  Agreement  shall  take 
precedence  over  the  provisions  of  any  bilateral  agreement  or  other  legally  binding 
instrument  on  the  readmission  of  persons  which  have  been  or  may,  under  Article  16,  be 
concluded between individual Member States and Ukraine, in so far as the provisions of the 
latter are incompatible with those of this Agreement.  

(2) The  provisions  on  readmission  of  stateless  persons  and  nationals  from  third  countries 
contained  in  bilateral  agreements  or  other  legally  binding  instruments  which  have  been 
concluded  between  individual  Member  States and  Ukraine  shall  continue  to  apply  during 
the 2 year period referred to in Article 20 (3).  

SECTION VII. FINAL PROVISIONS 

Article 18 

Territorial application 

(1) Subject  to  paragraph  2  of  this  Article,  this  Agreement  shall  apply  to  the  territory  in 
which the Treaty establishing the European Communities is applicable and to the territory 
of Ukraine. 

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

Article 19 

Amendments to the Agreement 

This Agreement may be amended and supplemented by mutual consent of the Contracting 
Parties. Amendments and supplements shall be drawn up in the form of separate protocols, 

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which shall form an integral part of this Agreement, and enter into force in accordance with 
the procedure laid down in Article 20 of this Agreement. 

Article 20 

Entry into force, duration and termination 

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

(2) 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 the first paragraph have been completed. 

(3) The obligations set out in Article 3 of this Agreement shall only become applicable 2 
years  after  the  date  referred  to  in  paragraph  2  of  this  article.  During  that  2  -  year period, 
they  shall  only  be  applicable  to  stateless  persons  and  nationals  from  third-countries  with 
which the Ukraine has concluded bilateral treaties or arrangements on readmission. As set 
out in Article 17 (2), the provisions on the readmission of stateless persons and nationals 
from third countries contained in bilateral agreements or other legally binding instruments 
which have been concluded between individual Member States and Ukraine shall continue 
to apply during this 2 - year period. 

(4) This Agreement is concluded for an unlimited period. 

(5) Each Party may denounce this Agreement by officially notifying the other Party. This 
Agreement shall be terminated six months after the date of such notification. 

Article 21 

Annexes  

Annexes 1 to 8 shall form an integral part of this Agreement. 

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

For the European Community 

For Ukraine 

(…) 

(…) 

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Annex 1 

Common list of documents  

REGARDING NATIONALITY 

(ARTICLE 6 (1) LIT. A)) 

–  passports  of  any  kind  (national  passports,  diplomatic  passports,  service  passports, 

collective passports and surrogate passports including children’s passports); 

–  national identity cards (including temporary and provisional ones); 

–  military service books and military identity cards; 

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

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

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Annex 2 

COMMON LIST OF DOCUMENTS 
REGARDING NATIONALITY  

(ARTICLE 6 (1) LIT. B) 

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

–  driving licenses or photocopies thereof; 

–  birth certificates or photocopies thereof; 

–  company identity cards or photocopies thereof;  

–  statements by witnesses; 

–  statements made by the person concerned and language spoken by him or her, including 
the  results  of  any  official  test  conducted  to  establish  the  person’s  nationality.  For  the 
purpose  of  this  Annex,  the  term  ‘official  test’  is  defined  as  a  test  commissioned  or 
conducted  by  the  authorities  of  the  Requesting  State  and  validated  by  the  Requested 
State; 

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

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Annex 3 

COMMON LIST OF DOCUMENTS 
REGARDING THIRD COUNTRY NATIONALS AND STATELESS PERSONS 

(ARTICLE 7 (1)) 

Annex 3a 

–  official statements made for the purpose of the accelerated procedure, in particular, by 
authorized  border  authority  staff  who  can  testify  to  the  person  concerned  crossing  the 
border from the Requested State directly to the territory of the Requesting State; 

–  named tickets of air, train, coach or boat passages, which testify to the presence and the 
itinerary of the person concerned from the territory of the Requested State directly to the 
territory of the Requesting State (or Member States if the Requested State is Ukraine); 

–  passenger lists of air, train, coach or boat passages which testify to the presence and the 
itinerary of the person concerned from the territory of the Requested State directly to the 
territory of the Requesting State (or Member States if the Requested State is Ukraine);  

Annex 3b 

–  official statements made, in particular, by border authority staff of the Requesting State 

and other witnesses who can testify to the person concerned crossing the border; 

–  documents,  certificates  and  bills  of  any  kind  (e.g.  hotel  bills,  appointment  cards  for 
doctors/dentists, entry cards for public/private institutions, car rental agreements, credit 
card receipts etc.) which clearly show that the person concerned stayed on the territory 
of the Requested State; 

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

travel agency;  

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

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Common list of documents 

regarding third-country nationals and stateless persons 

(ARTICLE 7 (2)) 

Annex 4 

Annex 4a 

–  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; 

Annex 4b 

Photocopies of any of the documents listed in Part A. 

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Annex 5 

[Emblem of Ukraine] 

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

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

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

(Place and date) 

(Designation of competent authority of the 

requesting state) 

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

To 

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

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

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

(Designation competent authority of the requested 
state)  

READMISSION APPLICATION 

(cid:137)  ACCELERATED PROCEDURE 

pursuant to Article 5 of the Agreement of .......... 

between the European Community and Ukraine  

on the readmission of persons authorization 

A.  PERSONAL DETAILS 

1.  Full name (underline surname): 

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

2. Maiden name: 

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

3. Date and place of birth: 

Photograph 

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

4. Address of residence in the state of origin or permanent residence (if known) 

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

5. Nationality and language: 

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

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

If married : 

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

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

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

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

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

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

If married : 

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

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

address in the requesting State: 

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

B. 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) 

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

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

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(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) 

C. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1. State of health  

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

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

2. Indication of particularly dangerous person  

(e.g. suspected of serious offence; aggressive behaviour): 

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

D. OBSERVATIONS 

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

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

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

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

(Signature of the competent authority of the requesting state) 

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Annex 6 

[Emblem of Ukraine] 

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

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

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

(Place and date) 

(Designation of competent authority of the 

requesting state)  

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

To 

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

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

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

(Designation of competent authority of the 
requested state) 

TRANSIT APPLICATION 

pursuant to Article 11 of the Agreement of .................. 

between the European Community and Ukraine  

on the readmission of persons  

A. PERSONAL DETAILS 

Photograph 

1. Full name (underline surname): 

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

2. Maiden name: 

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

3. Date and place of birth: 

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

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: 

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

B. TRANSIT OPERATION 

1.  Type of transit 

(cid:137)  by air 

(cid:137)  by sea 

(cid:137)  by land 

2.  State of final destination 

………………………………………………………………………………………… 

3. Possible other States of transit 

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

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

……………………………………………………………………………………………… 

……………………………………………………………………………………………… 

……………………………………………………………………………………………… 

5.  Admission  guaranteed  in  any  other  transit  State  and  in  the  State  of  final  destination  
(Article 10 paragraph 2) 

(cid:137)  yes 

(cid:137)  no 

6. 
Knowledge 
(Article 10 paragraph 4) 

of 

any 

reason 

for 

a 

refusal 

of 

transit  

(cid:137)  yes 

(cid:137)  no 

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C.OBSERVATIONS 

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

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

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

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

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

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

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EU standard travel document for expulsion purposes 

(In line with the form set out in EU Council recommendation of 30 November 1994) 

Annex 7 

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Ukrainian Return Certificate 

Annex 8 

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Declaration of Ukraine 

"Travel document” shall mean a document valid for going abroad issued by Ukraine, one of 
the  Member  States  or  the  state  of  citizenship  or  permanent  residence  of  the  person  to  be 
readmitted. 

Joint Declaration concerning Article 2 (1) 

The Contracting Parties take note  that, according to  the  nationality  laws of Ukraine and the 
Member States, it is not possible for a Ukrainian or EU citizen to be deprived of his or her 
nationality without acquiring another nationality. 

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

Joint Declaration concerning Denmark 

The  Contracting  Parties  take  note  that  this  Agreement  does  not  apply  to  the  territory  of  the 
Kingdom  of  Denmark,  nor  to  the  nationals  of  the  Kingdom  of  Denmark.  In  such 
circumstances it is appropriate that Ukraine and Denmark conclude a readmission agreement 
in the same terms as this Agreement.  

Joint Declaration concerning Iceland and Norway 

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

Joint Declaration on Technical and Financial Support 

Both parties agree to implement this Agreement based on the principles of joint responsibility, 
solidarity and an equal partnership to manage the migratory flows between Ukraine and the 
EU. 

In this context the EC is committed to make available financial resources in order to support 
Ukraine  in  the  implementation  of  this  Agreement. In  doing  so,  special  attention  will  be 
devoted  to  capacity  building.  Such  support  is  to  be provided  in  the context  of  the  overall 
priorities  for  assistance  in  favour  of  Ukraine,  as  part  of  the  overall  funding  available  for 
Ukraine  and  in  full  respect  of  the  relevant  implementation rules and  procedures  of  EC 
external assistance. 

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