Agreement between the European Community and Ukraine on the readmission of persons - Annexes - Declaration - Joint Declarations
Date: 2007-06-18
Institutions: European Community, Ukraine
Subjects: Ukraine, admission of aliens, agreement (EU), foreign national, illegal migration, residence permit, return migration, stateless person

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between the European Community and Ukraine on the readmission of persons

AGREEMENT

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

and

UKRAINE,

hereinafter referred to as ‘the Contracting Parties,’,

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

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

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 cooperation,

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 emphasising 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,

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)

‘Contracting
Community;

Parties’

shall mean Ukraine

and

the

(d)

‘national of Ukraine’ shall mean any person who holds the
nationality of Ukraine;

(b) ‘Member State’

the
European Union, with the exception of the Kingdom of
Denmark and the Republic of Ireland;

shall mean any Member State of

(e)

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

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(f)

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

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.

(g)

‘residence authorisation’ 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 autho-
risation;

(h) ‘visa’ shall mean an authorisation 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)

(j)

‘requesting State’ shall mean the State (Ukraine or one of the
submitting the readmission application
Member States)
pursuant to Article 5 or a transit application pursuant to
Article 11 of this Agreement;

‘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
in accordance with
this Agreement
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
international
and
custom zones,
seaports
airports of the Member States and Ukraine.

including

SECTION I

READMISSION OBLIGATIONS

Article 2

Readmission of own nationals

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 six 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
travel
document that was initially issued, the requested State shall,
within 14 calendar days, extend the validity of
the travel
issue a new travel document
document or, where necessary,
If the requested State has
with the same period of validity.
issued the travel document,
not, within 14 calendar days,
the
extended its validity or, where necessary,
requested State shall be deemed to accept the expired document.

renewed it,

validity of

the

Article 3

Readmission of

third-country nationals

and stateless

persons

The requested State, upon application by the requesting
1.
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;

(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.

The requested State shall, upon application by the
1.
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 readmission obligation in paragraph 1 shall not

2.
apply if:

(a)

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

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(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:

(i) that person is in possession of a visa or residence
authorisation, issued by the requested State, which has
a longer period of validity; or

(ii) the visa or

residence authorisation issued by the
requesting State has been obtained by 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.

As far as Member States are concerned, the readmission
3.
obligation in paragraph 1(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(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(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
recognised 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.

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.

If the person to be readmitted is in possession of a valid
2.
third
travel document or identity card and,
country nationals or
a valid visa or
residence authorisation 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.

stateless persons,

in the case of

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

the requested State,

The readmission application shall contain the following

4.
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
third-country nationals and stateless

the readmission of
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;

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.

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

necessary in the individual transfer case.

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A common form to be used for readmission applications

6.
is attached as Annex 5 to this Agreement.

Article 6

Means of evidence regarding nationality

Nationality of the requested State pursuant to Article 2(1)

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
the requested State shall
such documents are presented,
recognise
investigation
being required. Proof of nationality cannot be furnished
through forged or falsified documents;

the nationality without

further

(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.

If none of the documents listed in Annexes 1 or 2 can be
2.
the
the competent diplomatic representation of
presented,
interview the person to be readmitted
requested State shall
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

The conditions

1.
third-country
nationals and stateless persons pursuant to Article 3(1)(a) of
this Agreement may be:

the readmission of

for

gation and shall give an answer within a maximum of 20
calendar days. In the event of a positive answer, or if no
answer
the
requested State shall recognise the illegal entrance on the
territory of the requesting State (or Member States if the
requested State is Ukraine) from its territory.

is given when the time limit has expired,

The unlawfulness of

the entry to the territory of

2.
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
the requesting State are
authorisation for
missing. A duly motivated statement by the requesting State
the person concerned has been found not having the
that
residence authorisation
necessary travel documents, visa or
shall
the unlawful
entry, presence or residence.

likewise provide prima facie evidence of

the territory of

The conditions

3.
third-country
nationals and stateless persons pursuant to Article 3(1)(b) and
(c) of this Agreement may be:

the readmission of

for

(a) proven by any of the documents listed in Annex 4a to this
Agreement. If such documents are presented, the requested
State shall recognise 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 investi-
gation 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 recognise 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.

(a) proven by any of the documents listed in Annex 3a to this
Agreement. If such documents are presented, the requested
State shall recognise 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 this Agreement.
such documents are
presented, the requested State shall carry out an investi-

If

Article 8

Time limits

The application for readmission must be submitted to the
1.
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.

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

the mentioned term. Where there are legal or

escorts shall not be restricted to authorised persons of
requesting State, provided that
from Ukraine or any Member State.

the
they are authorised persons

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 two working days after the date of receipt of such appli-
cation.
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
one working day.

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.

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

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.

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.

Reasons for refusal of a readmission request shall be given

5.
to the requesting State.

4.

Transit can be refused by the requested State:

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.

(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;

Article 9

Transfer modalities and modes of transportation

Before the transfer of a person, the competent authorities
1.
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.

(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.

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 requesting State or the
requested State and may take place by using scheduled flights
In case of need for escorts, such
as well as charter flights.

the national carriers of

The requested State may revoke any authorisation issued if
5.
circumstances referred to in paragraph 4 of this Article subse-
quently arise or come to light which stand in the way of the
transit operation, or if the onward journey in possible States of
transit or the readmission by the State of destination is no
longer guaranteed.

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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:

the requested State relating to the return of persons in
of
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.

(a)

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

SECTION V

DATA PROTECTION AND NON-AFFECTION CLAUSE

(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;

Article 13

Data protection

1.
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
that Member
95/46/EC and by the national
State adopted pursuant to this Directive.

legislation of

(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.

2.

Additionally the following principles shall apply:

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

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

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.

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

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

further processed;

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.

(i) 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);

SECTION IV

COSTS

Article 12

(ii) passport, identity card or driving license and other iden-
(number, period of
tification or
validity, date of issue, issuing authority, place of issue);

travel documents

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

(iii) stop-overs and itineraries;

(iv) other information needed to identify the person to be
transferred or to examine the readmission requirements
pursuant to this Agreement;

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

up to date;

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:

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

(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;

(f) both the

the

rectification,

communicating authority and the

receiving
take every reasonable step to ensure as
authority shall
erasure or blocking of
appropriate
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 Contracting Party;

(g) upon request,

the receiving authority shall

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

(b) to prepare proposals and make recommendations

for

amendments to this Agreement;

(c)

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

The decisions of the Committee shall be binding on the

2.
Contracting Parties.

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

The Committee shall be composed by representatives of
3.
the Community and Ukraine; the Community shall be repre-
sented by the Commission, assisted by experts from Member
States.

(i)

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

The Committee shall meet where necessary at the request

4.
of one of the Contracting Parties.

Article 14

Non-affection clause

5.

The Committee shall establish its rules of procedures.

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
from any applicable International Convention or
particular,
agreement to which they are Parties,
including those referred
to in the Preamble.

Article 16

Implementing Protocols

Ukraine and a Member State may draw up implementing

1.
Protocols which shall cover rules on:

Nothing in this Agreement shall prevent the return of a

2.
person under other formal or informal arrangements.

(a) designation of the competent authorities;

SECTION VI

IMPLEMENTATION AND APPLICATION

Article 15

Joint Readmission committee

(b) border crossing points for the transfer of persons;

(c) mechanism of communication between the competent

authorities;

1.
The Contracting Parties shall provide each other with
mutual assistance in the application and interpretation of this

(d) modalities for returns under the accelerated procedure;

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(e) conditions for escorted returns of persons,

including the
third-country nationals and stateless persons

transit of
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 Committee, referred to in
Article 15, has been notified.

Ukraine

agrees
(e),

to apply any provision relating to
3.
(f) or (g) of an implementing Protocol
paragraph 1(d),
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

Subject to paragraph 2 of this Article, the provisions of
1.
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
in so far as the provisions of the latter are incom-
Ukraine,
patible 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 two-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.

This Agreement shall not apply to the territory of the

2.
Kingdom of Denmark.

Article 19

Amendments to the Agreement

the Contracting
shall be drawn up in the form of

This Agreement may be amended and supplemented by mutual
and
of
consent
separate
supplements
protocols, which shall
this
Agreement, and enter
into force in accordance with the
procedure laid down in Article 20 of this Agreement.

form an integral part of

Parties. Amendments

Article 20

Entry into force, duration and termination

This Agreement shall be ratified or approved by the
respective

in accordance with their

Parties

1.
Contracting
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 two years after the date referred
to in paragraph 2 of this Article. During that two-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 two-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 Luxembourg on the eighteenth day of June in the year
two thousand and seven 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.

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За Европейската общност
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-Komunitá Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
3a Євролейське Спiвтовaриство

За Украйиа
Por Ucrania
Za Ukrajinu
For Ukraine
Für die Ukraine
Ukraina nimel
Για την Ουκρανία
For Ukraine
Pour l’Ukraine
Per l’Ucraina
Ukrainas vārdā
Ukrainos vardu
Ukrajna részéről
Għall-Ukrajna
Voor Oekraïne
W imieniu Ukrainy
Pela Ucrânia
Pentru Ucraina
Za Ukrajinu
Za Ukrajino
Ukrainan puolesta
På Ukrainas vägnar
За Υκραїиу

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Official Journal of the European Union

L 332/57

ANNEX 1

COMMON LIST OF DOCUMENTS REGARDING NATIONALITY

(Article 6(1)(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.

ANNEX 2

COMMON LIST OF DOCUMENTS REGARDING NATIONALITY

(Article 6(1)(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.

L 332/58

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Official Journal of the European Union

18.12.2007

ANNEX 3

COMMON LIST OF DOCUMENTS REGARDING THIRD COUNTRY NATIONALS AND STATELESS PERSONS

ANNEX 3A

(Article 7(1))

— official statements made for the purpose of the accelerated procedure, in particular, by authorised 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.

ANNEX 4

COMMON LIST OF DOCUMENTS REGARDING THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

(Article 7(2))

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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Official Journal of the European Union

L 332/59

ANNEX 5

L 332/60

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Official Journal of the European Union

L 332/61

L 332/62

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Official Journal of the European Union

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ANNEX 6

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Official Journal of the European Union

L 332/63

L 332/64

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Official Journal of the European Union

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ANNEX 7

EU STANDARD TRAVEL DOCUMENT FOR EXPULSION PURPOSES

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

ANNEX 8

UKRAINIAN RETURN CERTIFICATE

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.

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Official Journal of the European Union

L 332/65

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 circum-
stances 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.