Proposal for a Council Decision concerning the signing of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on readmission  - Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on readmission
Date: 2007-07-19
Institutions: Provisional data
Subjects: Macedonia, agreement (EU), return migration, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2007 
COM(2007) 432 final 

2007/0147 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the former Yugoslav Republic of Macedonia on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the former Yugoslav Republic of Macedonia on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The importance for the former Yugoslav Republic of Macedonia as well as for all the other 
Western  Balkan  countries  of  coping  with  illegal  migration  issues  was  reaffirmed  in  the 
conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003, which 
also confirmed the European perspective of the countries of the Western Balkans. According 
to  the  same  conclusions,  the  dialogue  on  visa  issues  will  be  dependent  on  combating,  inter 
alia,  illegal  immigration.  As  regards  readmission,  the  “Thessaloniki  agenda”  announced  the 
commitment of the EU to conduct and conclude readmission agreements with all the countries 
in  the  region.  It  further  invited  the  former  Yugoslav  Republic  of  Macedonia  and  the  other 
Western Balkan countries to take all the necessary measures to facilitate the conclusion, and 
ensure the implementation, of such agreements.  

The  importance  of  readmission  agreements  was  also  underlined  in  Stabilisation  and 
Association  Agreement  concluded  between  the  European  Communities  and  their  Member 
States,  on  the  one  part,  and  the  former  Yugoslav  Republic  of  Macedonia.1  According  to 
Article 76(2) thereof "[t]he Parties agree to conclude, upon request, an agreement between the 
former  Yugoslav  Republic  of  Macedonia  and  the  European  Community  regulating  the 
specific  obligations  for  the  former  Yugoslav  Republic  of  Macedonia  and  for  the  Member 
States of the European Union for readmission, including an obligation for the readmission of 
nationals of other countries and stateless persons." 

On  13  November  2006  the  General  Affairs  and  External  Relations  Council  formally 
authorised  the  Commission  to  negotiate  a  readmission  agreement  with  the  former  Yugoslav 
Republic  of  Macedonia.  Negotiating  directives  for  readmission  agreements  with  the  other 
Western Balkan countries were adopted by the Council on the same day. In November 2006 
the  Commission  transmitted  a  draft  agreement  between  the  European  Community  and  the 
former Yugoslav Republic of Macedonia to the authorities of the latter. The negotiations were 
launched  on  30  November  2006  and  the  first  formal  round  took  place  in  Brussels  on  1 
December 2006. Two further rounds were held in Brussels in parallel ("back-to-back") with 
the  negotiations  on  an  EC-the  former  Yugoslav  Republic  of  Macedonia  visa  facilitation 
agreement. The last formal round of negotiations took place on 12 April 2007 during which 
all  outstanding  issues  were  agreed  including  the  readmission  of  the  former  nationals  of  the 
Socialist  Federal  Republic  of  Yugoslavia  who  have  acquired  no  other  nationality.  The  final 
text of the agreement was initialled by chief negotiators of the two sides on the same day.  

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(3)(b),  in 
conjunction with Article 300 TEC.  

1 

O.J., L 84, of 20.3.2004. 

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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(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 
represents  the  Community  within  the  Joint  Readmission  Committee  set  up  by  Article  18  of 
the Agreement. Under Article 18(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. 

The draft Readmission Agreement with the former Yugoslav Republic of Macedonia has been 
to  the  extent  possible  harmonised  with  the  draft  Readmission  Agreements  with  the  other 
Western Balkan countries.  

The final content of it can be summarised as follows: 

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- 

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

The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up 
in a fully reciprocal way, comprising own nationals (Articles 2 and 4) as well as third 
country nationals and stateless persons including for the former Yugoslav Republic 
of Macedonia, former nationals of the Socialist Federal Republic of Yugoslavia who 
have acquired no other nationality (Articles 3 and 5).  

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

The readmission obligation with regard to own nationals covers also family members 
(i.e.  spouses  and  minor  unmarried  children)  who  hold  another  nationality  than  the 
person to be readmitted and who do not have an independent right of residence in the 
Requesting State.  

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- 

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The obligation to readmit third country nationals and stateless persons (Article 3) is 
linked to the following prerequisites: (a) the person concerned holds or at the time of 
entry held, a valid visa or residence permit issued by the Requested State, or (b) the 
person concerned illegally and directly entered the territory of the Requesting State 
after  having  stayed  on  or  transited  through  the  territory  of  the  Requested  State. 
Exempted  from  these  obligations  are  persons  in  airside  transit  and  all  persons  to 
whom  the  Requesting  State  has  issued  a  visa  or  residence  authorisation  before  or 
after entry to its territory.  

The  former  nationals  of  the  Socialist  Federal  Republic  of  Yugoslavia  who  have 
acquired no other nationality were treated as a separate category (Article 3(3)). Their 
readmission  shall  be  accepted  by  the  former  Yugoslav  Republic  of  Macedonia 
provided  two  conditions  are  met:  their  place  of  birth  was  on  the  former  Yugoslav 
Republic of Macedonia's territory and their place of permanent residence on the date 
of  independence  of  the  former  Yugoslav  Republic  of  Macedonia  (i.e.  8  September 
1991) was on the territory of that State. The specific conditions for the readmission 
of  this  category  of  persons  were  applied  horizontally  in  all  the  readmission 
agreements with the Western Balkans countries. 

Both  for  own  nationals,  in  case  of  expiry  of  specified  delay,  as  well  as  for  third 
country nationals or stateless persons, in all cases, the former Yugoslav Republic of 
Macedonia  accepts  the  use  of  the  EU's  standard  travel  document  for  expulsion 
purposes (Articles 2(4) and 3(4)). 

Section III of the Agreement (Articles 6 to 12 in conjunction with Annexes 1 to 6) 
contains the necessary technical provisions regarding the readmission procedure (the 
form  and  content  of  the  readmission  application,  means  of  evidence,  time  limits, 
transfer  modalities  and  modes  of  transportation).  Some  procedural  flexibility  is 
provided by the fact that no readmission will be needed in cases where the person to 
be readmitted is in possession of a valid national passport and, if he or she is a third-
country national, also holds a valid visa or residence authorisation of the State which 
has to readmit him or her (Article 6(2)). In its paragraph 3, Article 6 contains another 
important  procedural  element,  the  so-called  accelerated  procedure,  which  has  been 
agreed  upon  for  persons  apprehended  in  the  “border  region”,  i.e.  within  an  area 
which extends up to 30 kilometres from the common land border between a Member 
State  and  the  former  Yugoslav  Republic  of  Macedonia  or  within  the  territories  of 
International  airports  of  Member  States  or  the  former  Yugoslav  Republic  of 
Macedonia.  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.  

The  agreement  contains  also  a  section  on  transit  operations  (Articles  13  and  14  in 
conjunction with Annex 7). 

Articles 15 to 17 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 18. 

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- 

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In order to execute this Agreement in practice, Article 19 creates the possibility for 
the  former  Yugoslav  Republic  of  Macedonia  and  individual  Member  States  to 
conclude  bilateral  implementing  Protocols.  The  relation  between  the  bilateral 
implementing  Protocols  as  well  as  other  existing  bilateral  readmission  agreements 
between the former Yugoslav Republic of Macedonia and individual Member States 
with this Agreement is clarified by Article 20. 

The final provisions (Art. 21 to 23) contain the necessary rules on entry into force, 
duration,  possible  amendments,  suspension,  termination  and  the  legal  status  of  the 
Annexes to the agreement.  

The  specific  situation  of  Denmark  is  reflected  in  the  preamble,  Articles  1(e),  21(2) 
and  in  a  joint  declaration  attached  to  the  Agreement.  The  close  association  of 
Norway,  Iceland  and  Switzerland 
implementation,  application  and 
development of the Schengen Acquis is likewise reflected in joint declarations to the 
Agreement. 

the 

to 

III. 

CONCLUSIONS 

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

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

approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement 
between the European Community and the former Yugoslav Republic of Macedonia 
on readmission. 

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2007/0147 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the former Yugoslav Republic of Macedonia on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

WHEREAS: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

By  its  decision  of  13  November  2006,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  the  former  Yugoslav 
Republic of Macedonia on readmission. 

Negotiations for the Agreement took place between 30 November 2006 and 12 April 
2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 12 April 2007 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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OJ C 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

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

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

For the Council 
The President 

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2007/0147 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the former Yugoslav Republic of Macedonia on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4 

WHEREAS:  

(1) 

(2) 

The Commission has negotiated on behalf of the European Community an Agreement 
with the former Yugoslav Republic of Macedonia on readmission; 

This Agreement has been signed, on behalf of the European Community, on …….2007 
in  accordance  with 
subject 
Decision……../……/EC of the Council of [………….] 

its  possible  conclusion  at  a 

later  date, 

to 

(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. 

3 
4 

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OJ C 

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(6) 

(7) 

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, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  former  Yugoslav  Republic  of 
Macedonia 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 22 paragraph 2 
of the Agreement5. 

Article 2 

The Commission shall represent the Community in the Joint Readmission Committee 
established by Article 18 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 18 (5) of the Agreement shall be 
taken by the Commission after consultation with a special committee designated by the 
Council. 

5 

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

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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 the former Yugoslav Republic of Macedonia 

on the readmission of persons residing without authorization 

THE HIGH CONTRACTING PARTIES, 

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

and 

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,  

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

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

Emphasising  that  this  Agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 
responsibilities of the Community, the Member States of the European Union and the former 
Yugoslav Republic of Macedonia arising from International Law and, in particular, from the 
European  Convention  of  4  November  1950  for  the  Protection  of  Human  Rights  and 
Fundamental Freedoms and the Convention of 28 July 1951 on the Status of Refugees; 

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, 

Taking  account  of  Article  76.2  of  the  Stabilisation  and  Association  Agreement6,  which 
imposes an obligation on the Parties to conclude a readmission agreement upon request, 

HAVE AGREED AS FOLLOWS: 

6 

O.J., L 84, of 20.3.2004. 

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Article 1  

Definitions 

For the purpose of this Agreement  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

“Contracting Parties” shall mean the former Yugoslav Republic of Macedonia 
and the Community; 

"Readmission” shall mean the transfer by the Requesting State and admission 
by the Requested State of persons (own nationals of the Requested State, third 
country nationals or stateless person) who have been found illegally entering to, 
being  present  in  or  residing  in  the  Requesting  State,  in  accordance  with  the 
provisions of this Agreement; 

“National  of  the  former  Yugoslav  Republic  of  Macedonia”  shall  mean  any 
person  who  holds  the  nationality  of  the  former  Yugoslav  Republic  of 
Macedonia in accordance with its national legislation; 

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

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

 “Third-country national” shall mean any person who holds a nationality other 
than that of the former Yugoslav Republic of Macedonia or one of the Member 
States; 

“Stateless person” shall mean any person who does not hold a nationality;  

“Residence  permit”  shall  mean  a  permit  of  any  type  issued  by  the  former 
Yugoslav  Republic  of  Macedonia  or  one  of  the  Member  States  entitling  a 
person to reside on its territory. This shall not include temporary permissions to 
remain  on  its  territory  in  connection  with  the  processing  of  an  asylum 
application or an application for a residence permit; 

“Visa”  shall  mean  an  authorisation  issued  or  a  decision  taken  by  the  former 
Yugoslav  Republic  of  Macedonia  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; 

“Requesting  State”  shall  mean  the  State  (the  former  Yugoslav  Republic  of 
Macedonia or one of the Member States) submitting a readmission application 
pursuant  to  Article  7  or  a  transit  application  pursuant  to  Article  14  of  this 
Agreement; 

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(k) 

(l) 

(m) 

(n) 

“Requested  State”  shall  mean  the  State  (the  former  Yugoslav  Republic  of 
Macedonia  or  one  of  the  Member  States)  to  which  a  readmission  application 
pursuant  to  Article  7  or  a  transit  application  pursuant  to  Article  14  of  this 
Agreement is addressed; 

“Competent  Authority”  shall  mean  any  national  authority  of  the  former 
Yugoslav Republic of Macedonia or one of the Member States entrusted with 
the implementation of this Agreement in accordance with Article 19 (1) lit. a) 
thereof 

“Border  region”  shall  mean  an  area  which  extends  up  to  30  kilometres  from 
the  common  land  border  between  a  Member  State  and  the  former  Yugoslav 
Republic of Macedonia, as well as the territories of International airports of the 
Member States and the former Yugoslav Republic of Macedonia. 

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

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READMISSION OBLIGATIONS BY THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

SECTION I.  

Article 2 

Readmission of own nationals 

(1) 

The  former  Yugoslav  Republic  of  Macedonia  shall  readmit,  upon  application  by  a 
Member  State  and  without  further  formalities  other  than  those  provided  for  in  this 
agreement,  all  persons  who  do  not,  or  who  no  longer,  fulfil  the  legal  conditions  in 
force  for  entry  to,  presence  in,  or  residence  on,  the  territory  of  the  Requesting 
Member State provided that it is proved, or may be validly assumed on the basis of 
prima  facie  evidence  furnished,  that  they  are  nationals  of  the  former  Yugoslav 
Republic of Macedonia. 

(2) 

The  former  Yugoslav  Republic  of  Macedonia  shall  also  readmit,  where  possible,  at 
the same time: 

–  minor  unmarried  children  up  to  18  of  age  of  the  persons  mentioned  in  paragraph  1, 
regardless of their place of birth or their nationality, unless they have an independent right 
of residence on the territory of the Requesting Member State; 

–  spouses,  holding  another  nationality,  of  the  persons  mentioned  in  paragraph  1,  provided 
they have the right to enter and stay or receive the right to enter and stay in the territory of 
the  former  Yugoslav  Republic  of  Macedonia,  unless  they  have  an  independent  right  of 
residence in the Requesting Member State. 

(3) 

(4) 

The  former  Yugoslav  Republic  of  Macedonia  shall  also  readmit  persons  who  have 
renounced  the  nationality  of  the  former  Yugoslav  Republic  of  Macedonia  since 
entering  the  territory  of  a  Member  State,  unless  such  persons  have  at  least  been 
guaranteed naturalisation by that Member State. 

After the former Yugoslav Republic of Macedonia has given a positive reply to the 
readmission application, the competent Diplomatic Mission or Consular Office of the 
former Yugoslav Republic of Macedonia shall immediately and not later than within 
3 working days, issue the travel document required for the return of the person to be 
readmitted,  with  a  validity  of  30  days.  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 competent Diplomatic Mission or Consular Office of the 
former Yugoslav Republic of Macedonia shall, within 14 calendar days, issue a new 
travel  document  with  a  period  of  validity  of  the  same  duration.  If  the  former 
Yugoslav  Republic  of  Macedonia  has  not,  within  14  calendar  days,  issued  the  new 

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(5) 

(1) 

a) 

b) 

(2) 

a) 

b) 

travel  document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel 
document for expulsion purposes7. 

In  case  the  person  to  be  readmitted  possesses  the  nationality  of  a  third  state  in 
addition  to  nationality  of  the  Requested  State,  the  Requesting  Member  State  shall 
take into consideration the will of the person to be readmitted to the state of his/her 
choice. 

Article 3 

Readmission of third-country nationals and stateless persons 

The  former  Yugoslav  Republic  of  Macedonia  shall  readmit,  upon  application  by  a 
Member  State  and  without  further  formalities  other  than  those  provided  for  in  this 
Agreement,  all  third-country  nationals  or  stateless  persons  who  do  not,  or  who  no 
longer, fulfil the legal conditions in force for entry to, presence in, or residence on, 
the  territory  of  the  Requesting  Member  State  provided  that  it  is  proved,  or  may  be 
validly assumed on the basis of prima facie evidence furnished, that such persons  

hold, or at the time of entry held, a valid visa or residence permit issued by the former 
Yugoslav Republic of Macedonia; or 

illegally  and  directly  entered  the  territory  of  the  Member  States  after  having  stayed 
on, or transited through, the territory of the former Yugoslav Republic of Macedonia.  

The readmission obligation in paragraph 1 shall not apply if  

the  third  country  national  or  stateless  person  has  only  been  in  airside  transit  via  an 
International Airport of the former Yugoslav Republic of Macedonia; or 

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

–  that  person  is  in  possession  of  a  visa  or  residence  permit,  issued  by  the  former 

Yugoslav Republic of Macedonia, which expires later; or 

–  the  visa  or  residence  permit  issued  by  the  Requesting  Member  State  has  been 
obtained  by  using  forged  or  falsified  documents,  or  by  making  false  statements, 
and the person concerned has stayed on, or transited through, the territory of the 
former Yugoslav Republic of Macedonia or  

–  that person fails to observe any condition attached to the visa and that person has 
stayed  on,  or  transited  through,  the territory  of  the  former  Yugoslav  Republic  of 
Macedonia. 

7 

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

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(3) 

(4) 

(1) 

The former Yugoslav Republic of Macedonia shall also readmit, upon application by 
a  Member  State,  former  nationals  of  the  Socialist  Federal  Republic  of  Yugoslavia 
who  have  acquired  no  other  nationality  and  whose  place  of  birth,  and  place  of 
permanent  residence  on  8  September  1991,  was  in  the  territory  of  the  former 
Yugoslav Republic of Macedonia.  

After the former Yugoslav Republic of Macedonia has given a positive reply to the 
readmission  application,  the  Requesting  Member  State  where  necessary  issues  the 
person  whose  readmission  has  been  accepted  the  EU  standard  travel  document  for 
expulsion purposes8. 

SECTION II.  

READMISSION OBLIGATIONS BY THE COMMUNITY 

Article 4 

Readmission of own nationals 

A Member State shall readmit, upon application by the former Yugoslav Republic of 
Macedonia  and  without  further  formalities  other  than  those  provided  for  in  this 
agreement,  all  persons  who  do  not,  or  who  no  longer,  fulfil  the  legal  conditions  in 
force for entry to, presence in, or residence on, the territory of the former Yugoslav 
Republic of Macedonia provided that it is proved, or may be validly assumed on the 
basis of prima facie evidence furnished, that they are nationals of that Member State. 

(2) 

A Member State shall also readmit, where possible, at the same time: 

–  minor  unmarried  children  up  to  18  of  age  of  the  persons  mentioned  in  paragraph  1, 
regardless of their place of birth or their nationality, unless they have an independent right 
of residence on the territory of the former Yugoslav Republic of Macedonia; 

–  spouses,  holding  another  nationality,  of  the  persons  mentioned  in  paragraph  1,  provided 
they have the right to enter and stay or receive the right to enter and stay in the territory of 
the  Requested  Member  State,  unless  they  have  an  independent  right  of  residence  in  the 
former Yugoslav Republic of Macedonia. 

(3) 

A Member State shall also readmit persons who have renounced the nationality of a 
Member  State  since  entering  the  territory  of  the  former  Yugoslav  Republic  of 
Macedonia,  unless  such  persons  have  at  least  been  guaranteed  naturalisation  by  the 
former Yugoslav Republic of Macedonia. 

(4) 

After  the  Requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application, the competent Diplomatic Mission or Consular Office of the Requested 

8 

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

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(5) 

(1) 

a) 

b) 

(2) 

a) 

b) 

Member State shall immediately and not later than within 3 working days, issue the 
travel document required for the return of the person to be readmitted, with a validity 
of 30 days. 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 
competent  Diplomatic  Mission  or  Consular  Office  of  the  Requested  Member  State 
shall, within 14 calendar days, issue a new travel document with a period of validity 
of the same duration. 

In  case  the  person  to  be  readmitted  possesses  the  nationality  of  a  third  state  in 
addition  to  that  of  the  Requested  Member  State,  the  former  Yugoslav  Republic  of 
Macedonia shall take into consideration the will of the person to be readmitted to the 
state of his/her choice. 

Article 5 

Readmission of third-country nationals and stateless persons 

A Member State shall readmit, upon application by the former Yugoslav Republic of 
Macedonia  and  without  further  formalities  other  than  those  provided  for  in  this 
Agreement,  all  third-country  nationals  or  stateless  persons  who  do  not,  or  who  no 
longer, fulfil the legal conditions in force for entry to, presence in, or residence on, 
the  territory  of  the  former  Yugoslav  Republic  of  Macedonia  provided  that  it  is 
proved,  or  may  be  validly  assumed  on  the  basis  of  prima  facie  evidence  furnished, 
that such persons  

hold,  or  at  the  time  of  entry  held,  a  valid  visa  or  residence  permit  issued  by  the 
Requested Member State; or 

illegally  and  directly  entered  the  territory  of  the  former  Yugoslav  Republic  of 
Macedonia after having stayed on, or transited through, the territory of the Requested 
Member State.  

The readmission obligation in paragraph 1 shall not apply if  

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

the former Yugoslav Republic of Macedonia has issued to the third country national 
or  stateless  person  a  visa  or  residence  permit  before  or  after  entering  its  territory 
unless  

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

Member State, which expires later; or 

–  the visa or residence permit issued by the former Yugoslav Republic of Macedonia 
has  been  obtained  by  using  forged  or  falsified  documents,  or  by  making  false 

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statements  and  the  person  concerned  has  stayed  on,  or  transited  through,  the 
territory of the Requested Member State, or 

–  that  person  fails  to  observe  any  condition  attached  to  the  visa  and  that  person 

stayed on, or transited through, the territory of the Requested Member State. 

(3) 

The readmission obligation in paragraph 1 is for the Member State that issued a visa 
or residence permit. If two or more Member States issued a visa or residence permit, 
the  readmission  obligation  in  paragraph  1  is  for  the  Member  State  that  issued  the 
document with a longer period of validity or, if one or several of them have already 
expired, the document that is still valid. If all of the documents have already expired, 
the  readmission  obligation  in  paragraph  1  is  for  the  Member  State  that  issued  the 
document with the most recent expiry date. If no such documents can be presented, 
the readmission obligation in paragraph 1 is for the Member State of last exit. 

(4) 

After the Member State has given a positive reply to the readmission application, the 
former  Yugoslav  Republic  of  Macedonia  where  necessary  issues  the  person  whose 
readmission has been accepted the travel document required for his or her return. 

SECTION III. READMISSION PROCEDURE 

Article 6 

Principles 

(1) 

(2) 

(3) 

Subject to paragraph 2 of Article 6, any transfer of a person to be readmitted on the 
basis  of  one  of  the  obligations  contained  in  Articles  2  to  5  shall  require  the 
submission of a readmission application to the competent authority of the Requested 
State.  

No readmission application shall be needed where the person to be readmitted is in 
possession of a valid travel document and, where applicable, a valid visa or residence 
permit of the Requested State. 

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

Article 7 

Readmission application 

(1) 

To  the  extent  possible,  the  readmission  application  is  to  contain  the  following 
information: 

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a) 

b) 

c) 

(2) 

a) 

b) 

(3) 

(1) 

(2) 

(3) 

the  particulars  of  the  person  to  be  readmitted  (e.g.  given  names,  surnames,  date  of 
birth,  and  –  where  possible  –  place  of  birth,  and  the  last  place  of  residence  and 
particulars  of  their  parents)  and,  where  appropriate,  the  particulars  of  minor 
unmarried children and/or spouses; 

indication  of  the  means  with  which  proof  or  prima  facie  evidence  of  nationality, 
transit,  the  conditions  for  the  readmission  of  third-country  nationals  and  stateless 
persons and unlawful entry and residence will be provided; 

photograph of the person concerned. 

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

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

any  other  protection,  security  measure  or  information  concerning  the  health  of  the 
person, which may be necessary in the individual transfer case. 

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

Article 8 

Means of evidence regarding nationality 

Without  prejudice  to  respective  relevant  national  legislations,  proof  of  nationality 
pursuant  to  Article  2  (1)  and  Article  4  (1)  can  be  furnished  through  the  documents 
listed  in  Annex  1  to  this  Agreement.  If  such  documents  are  presented,  the  Member 
States and the former Yugoslav Republic of Macedonia shall mutually recognise the 
nationality  without  further  investigation  being  required.  Proof  of  nationality  cannot 
be furnished through false documents. 

Prima facie evidence of nationality pursuant to Article 2 (1) and Article 4 (1) can be 
particularly  furnished  through  the  documents  listed  in  Annex  2  to  this  Agreement, 
even  if  their  period  of  validity  has  expired.  If  such  documents  are  presented,  the 
Member  States  and  the  former  Yugoslav  Republic  of  Macedonia  shall  accept  a 
presumption of nationality to have been established unless they can prove otherwise. 
Prima facie evidence of nationality cannot be furnished through false documents. 

If  none  of  the  documents  listed  in  Annexes  1  or  2  can  be  presented,  the  competent 
diplomatic and consular representations of the Requested State concerned shall, upon 
request, make arrangements to interview the person to be readmitted without delay, at 
the latest within 3 working days from the requesting day, in order to establish his or 
her nationality. 

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(1) 

(2) 

(3) 

(4) 

(5) 

(1) 

Article 9 

Means of evidence regarding third-country nationals and stateless persons 

Proof  of  the  conditions  for  the  readmission  of  third-country  nationals  and  stateless 
persons  laid  down  in  Article  3  (1)  and  Article  5  (1)  shall  be  particularly  furnished 
through  the  means  of  evidence  listed  in  Annex  3  to  this  Agreement;  it  cannot  be 
furnished through false documents. Any such proof shall be mutually recognised by 
the  Member  States  and  the  former  Yugoslav  Republic  of  Macedonia  without  any 
further investigation being required. 

Prima facie evidence of the conditions for the readmission of third-country nationals 
and stateless persons laid down in Article 3 (1) and Article 5 (1) shall be particularly 
furnished  through  the  means  of  evidence  listed  in  Annex  4  to  this  Agreement;  it 
cannot  be  furnished  through  false  documents.  Where  such  prima  facie  evidence  is 
presented, the Member States and the former Yugoslav Republic of Macedonia shall 
accept  a  presumption  of  the  conditions  to  have  been  established,  unless  they  can 
prove otherwise. 

The unlawfulness of entry, presence or residence shall be established by means of the 
travel  documents  of  the  person  concerned  in  which  the  necessary  visa  or  other 
residence permit for the territory of the Requesting State are missing. A statement by 
the  Requesting  State  that  the  person  concerned  has  been  found  not  having  the 
necessary  travel  documents,  visa  or  residence  permit  shall  likewise  provide  prima 
facie evidence of the unlawful entry, presence or residence. 

Prima facie evidence of the conditions for the readmission of former nationals of the 
Socialist  Federal  Republic  of  Yugoslavia  laid  down  in  Article  3  (3)  shall  be 
particularly  furnished  through  the  means  of  evidence  listed  in  Annex  5  to  this 
Agreement; it cannot be furnished through false documents. Where such prima facie 
evidence  is  presented,  the  former  Yugoslav  Republic  of  Macedonia  shall  deem  the 
conditions to be established, unless they can prove otherwise. 

If  none  of  the  documents  listed  in  Annex  5  can  be  presented,  the  competent 
diplomatic  and  consular  representations  of  the  former  Yugoslav  Republic  of 
Macedonia  shall,  upon  request,  make  arrangements  to  interview  the  person  to  be 
readmitted  without  undue  delay  or  at  the  latest  within  3  working  days  from  the 
requesting day, in order to establish his or her nationality. 

Article 10 

Time limits  

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 

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residence.  Where  there  are  legal  or  factual  obstacles  to  the  application  being 
submitted  in  time,  the  time  limit  shall,  upon  request  by  the  Requesting  State,  be 
extended but only until the obstacles have ceased to exist. 

(2) 

A readmission application must be replied to in writing  

–  within  2  working  days,  if  the  application  has  been  made  under  the  accelerated 

procedure (Article 6(3));  

–  within 14 calendar days in all other cases. 

These time limits begin to run with the date of receipt of the readmission request. If 
there was no reply within these time limits, the transfer shall be deemed to have been 
agreed to. 

Reasons shall be given for the refusal of a readmission request. 

After agreement has been given or, where appropriate, after expiry of the time limits 
laid down in paragraph 2, the person concerned shall be transferred without delay and 
at the latest within three months. On request of the Requesting State, this time limit 
shall be extended by the time taken to deal with legal or practical obstacles. 

Article 11 

Transfer modalities and modes of transportation 

Before returning a person, the competent authorities of the former Yugoslav Republic 
of Macedonia and the Member State concerned shall make arrangements in writing in 
advance  regarding  the  transfer  date,  the  point  of  entry,  possible  escorts  and  other 
information relevant to the transfer. 

Transportation may take place by air or land. Return by air shall not be restricted to 
the use of the national carriers of the former Yugoslav Republic of Macedonia or the 
Member States and may take place by using scheduled or charter flights. In the event 
of  escorted  returns,  such  escorts  shall  not  be  restricted  to  authorised  persons  of  the 
Requesting State, provided that they are authorised persons from the former Yugoslav 
Republic of Macedonia or any Member State.  

(3) 

(4) 

(1) 

(2) 

Article 12 

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 to 5 of this Agreement are not met. 

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

SECTION IV. TRANSIT OPERATIONS 

Article 13 

Principles 

(1) 

(2) 

(3) 

a) 

b) 

c) 

(4) 

The Member States and the former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia shall allow the transit of third-country 
nationals or stateless persons if a Member State so requests, and a Member State shall 
authorise  the  transit  of  third-country  nationals  or  stateless  persons  if  the  former 
Yugoslav Republic of Macedonia so requests, if the onward journey in possible other 
States of transit and the readmission by the State of destination is assured. 

Transit can be refused by the former Yugoslav Republic of Macedonia or a Member 
State  

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  

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

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

The  former  Yugoslav  Republic  of  Macedonia  or  a  Member  State  may  revoke  any 
authorisation issued if circumstances referred to in paragraph 3 subsequently arise or 
come to light which stand in the way of the transit operation, or if the onward journey 
in possible States of transit or the readmission by the State of destination is no longer 
assured. In this case, the Requesting State  shall take back the third-country national 
or the stateless person, as necessary and without delay.  

Article 14 

Transit procedure  

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(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) 

b) 

c) 

d) 

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

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

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

a  declaration  that  in  the  view  of  the  Requesting  State  the  conditions  pursuant  to 
Article 13 (2) are met, and that no reasons for a refusal pursuant to Article 13 (3) are 
known of. 

A common form to be used for transit applications is attached as Annex 7 to this Agreement. 

(2) The Requested State shall, within 5 calendar days and  in writing, inform the Requesting 
State of the admission, confirming the point of entry and the envisaged time of admission, or 
inform it of the admission refusal and of the reasons for such refusal.  

(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. 

SECTION V. COSTS 

Article 15 

Transport and transit costs 

Without prejudice to the right of the competent authorities to recover the costs associated with 
the readmission from the person to be readmitted or third parties, all transport costs incurred in 
connection  with  readmission  and  transit  operations  pursuant  to  this  Agreement  as  far  as  the 
border of the State of final destination shall be borne by the Requesting State.  

SECTION VI. DATA PROTECTION AND NON-AFFECTION CLAUSE 

Article 16 

Data Protection 

The communication of personal data shall only take place if such communication is necessary 
for the implementation of this Agreement by the competent authorities of the former Yugoslav 

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Republic of Macedonia or a Member State as the case may be. The processing and treatment 
of  personal  data  in  a  particular  case  shall  be  subject  to  the  domestic  laws  of  the  former 
Yugoslav  Republic  of  Macedonia  and,  where  the  controller  is  a  competent  authority  of  a 
Member State, to the provisions of Directive 95/46/EC9 and of the national legislation of that 
Member State adopted pursuant to this Directive. Additionally the following principles shall 
apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

personal data must be processed fairly and lawfully; 

personal data must be collected for the  specified, explicit  and legitimate purpose of 
implementing  this  Agreement  and  not  further  processed  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  (e.g.  given  names,  surnames,  any 
previous  names,  other  names  used/by  which  known  or  aliases,  sex,  civil  status, 
date and place of birth, current and any previous nationality); 

–  passport, identity card or driving licence (number, period of validity, date of issue, 

issuing authority, place of issue); 

–  stop-overs and itineraries; 

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

readmission requirements pursuant to this Agreement. 

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

personal data must be kept in a form which permits identification of data subjects for 
no longer than 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 those  data are  not adequate,  relevant,  accurate,  or  they 
are excessive in relation to the purpose of processing. This includes the notification of 
any rectification, erasure or blocking to the other Party. 

9 

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection 
of individuals with regard to the processing of personal data and on the free movement of such data (OJ 
L 281 of 23.11.1995, p. 31). 

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(g) 

(h) 

(i) 

(1) 

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

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 17 

Non-affection clause 

This  agreement  shall  be  without  prejudice 
the  rights,  obligations  and 
responsibilities  of  the  Community,  the  Member  States  and  the  former  Yugoslav 
Republic of Macedonia arising from International Law and, in particular, from  

to 

–  the  Convention  of  28  July  1951  on  the  Status  of  Refugees  as  amended  by  the 

Protocol of 31 January 1967 on the Status of Refugees; 

–  the  international  conventions  determining  the  State  responsible  for  examining 

applications for asylum lodged; 

–  the European Convention of 4 November 1950 for the Protection of Human Rights 

and Fundamental Freedoms; 

–  the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or 

Degrading Treatment or Punishment; 

–  international conventions on extradition and transit; 

–  multilateral  international  conventions  and  agreements  on  the  readmission  of 

foreign nationals. 

(2) 

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

SECTION VII. IMPLEMENTATION AND APPLICATION  

Article 18 

Joint readmission committee 

(1) 

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

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a) 

b) 

c) 

d) 

(2) 

(3) 

(4) 

to monitor the application of this Agreement; 

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

to have regular exchanges of information on the implementing Protocols drawn up by 
individual Member States and the former Yugoslav Republic of Macedonia pursuant 
to Article 19;  

to recommend amendments to this Agreement and its Annexes. 

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

The  committee  shall  be  composed  by  representatives  of  the  Community  and  the 
former Yugoslav Republic of Macedonia; the Community shall be represented by the 
Commission. 

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 19 

Implementing Protocols 

(1) 

(a) 

(b) 

(c) 

(d) 

(2) 

(3) 

Upon request of a Member State or the former Yugoslav Republic of Macedonia, the 
former  Yugoslav  Republic  of  Macedonia  and  a  Member  State  shall  draw  up  an 
implementing Protocol which shall cover rules on 

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

the modalities for returns under the accelerated procedure; 

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

means  and  documents  additional  to  those  listed  in  the  Annexes  1  to  5  to  this 
agreement. 

The  implementing  Protocols  referred  to  in  paragraph  1  shall  enter  into  force  only 
after the readmission committee, referred to in Article 18, has been notified. 

the  former  Yugoslav  Republic  of  Macedonia  agrees  to  apply  any  provision  of  an 
implementing Protocol drawn up with one Member State also in its relations with any 
other Member State upon request of the latter. 

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Article 20 

Relation to bilateral readmission agreements  

or arrangements of Member States 

The  provisions  of  this  Agreement  shall  take  precedence  over  the  provisions  of  any  bilateral 
agreement or arrangement on the readmission of persons residing without authorisation which 
have been, or may under Article 19, be concluded between individual Member States and the 
former  Yugoslav  Republic  of  Macedonia,  in  so  far  as  the  provisions  of  the  latter  are 
incompatible with those of this Agreement. 

SECTION VIII. FINAL PROVISIONS 

Article 21 

Territorial application 

(1) 

Subject  to  paragraph  2  of  Article  21,  this  Agreement  shall  apply  to  the  territory  in 
which  the  Treaty  establishing  the  European  Community  is  applicable  and  to  the 
territory of the former Yugoslav Republic of Macedonia. 

(2) 

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

Article 22 

Entry into force, duration and termination  

(1) 

(2) 

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

This Agreement shall enter into force on the first day of the second month following 
the date on which the Contracting Parties notify each other that the procedures referred 
to in the first paragraph have been completed. 

(3) 

This Agreement is concluded for an unlimited period. 

(4) 

Each  Contracting  Party  may,  by  officially  notifying  the  other  Contracting  Party  and 
after prior consultation of the committee referred to in Article 18, completely or partly, 
temporarily suspend the implementation of this Agreement with regard to third country 
nationals  and  stateless  persons,  for  reasons  of  security,  protection  of  public  order  or 
public  health.  The  suspension  shall  enter  into  force  on  the  second  day  following  the 
day of such notification. 

(5) 

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

EN 

27 

   EN 

 
Article 23. 

Annexes  

Annexes 1 to 7 shall form an integral part of this Agreement.  

Done  at  ............  on  the  ........  day  of  ...........  in  the  year  ............  in  duplicate  in  each  of  the 
official languages of the Parties, each of these texts being equally authentic.  

For the European Community 

(…) 

For  the  former  Yugoslav  Republic  of 
Macedonia 

(…) 

EN 

28 

   EN 

 
Annex 1 

Common list of documents 

for proof of nationality 

(Articles 2 (1), 4 (1) and 8 (1)) 

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

passports and surrogate/emergency passports); 

–  identity cards (including temporary and provisional ones); 

–  military identity cards; 

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

–  citizenship  certificate  accompanied  by  another  identification  document  containing  a 

photograph of the person thereof. 

EN 

29 

   EN 

 
Annex 2 

Common list of documents 

the presentation of which is considered as 

prima facie evidence of nationality 

(Articles 2 (1), 4 (1) and 8 (2)) 

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

–  service books or photocopies thereof; 

–  driving licenses or photocopies thereof; 

–  birth certificates or photocopies thereof; 

–  official statements by credible witnesses; 

–  statements made by the person concerned and language spoken by him or her, including by 
means  of  an  official  test  result.  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 

–  documents listed in Annex 1 whose validity has expired. 

EN 

30 

   EN 

 
Annex 3 

Common list of documents 

which are considered as proof of the conditions for the 

readmission of third country nationals and stateless persons 

(Articles 3 (1), 5 (1) and 9 (1)) 

–  entry/departure  stamps  or  similar  endorsement  in  the  travel  document  of  the  person 

concerned or other evidence of entry/departure (e.g. photographic); 

–  valid  document,  e.g.  visa  and/or  residence  permit,  issued  by  the  Requested  State  for 

permitted stay on the territory of the Requested State 

–  named  tickets  and/or  passenger  lists  of  air,  train,  coach  or  boat  passages  which  show  the 
presence and the itinerary of the person concerned on the territory of the requested State;  

–  official statements made by border authority staff who can testify to the person concerned 

crossing the border; 

EN 

31 

   EN 

 
Annex 4 

Common list of documents 

which are considered as prima facie evidence of the conditions 

for the readmission of third country nationals and stateless persons 

(Articles 3 (1), 5 (1) and 9 (2)) 

–  statements  issued  by  the  relevant  authorities  of  the  Requesting  State,  of  place  and 
circumstances  under  which  the  person  concerned  has  been  intercepted  after  entering  the 
territory of that State;  

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

International organisation; 

–  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. 

EN 

32 

   EN 

 
Annex 5 

List of documents 

which are considered as prima facie evidence of the conditions 

for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia 

(Articles 3(3), 9(4)) 

–  birth certificates or photocopies thereof issued by the former Socialist Federal Republic 

of Yugoslavia; 

–  public  documents  or  photocopies  thereof  issued  by  the  former  Yugoslav  Republic  of 
Macedonia or the former Socialist Federal Republic of Yugoslavia, stating place of birth 
and/or place of permanent residence as required by Article 3(3). 

–  Other documents or certificates or photocopies thereof which point to the place of birth 
and/or place of permanent residence in the territory of the former Yugoslav Republic of 
Macedonia; 

–  Official statement by the person concerned in judicial or administrative proceedings. 

EN 

33 

   EN 

 
                                          [Emblem of former Yugoslav Republic of 
Macedonia]  

Annex 6 

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

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

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

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

………… 

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

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

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

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

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

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

To 

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

(Designation of requested authority) 

(cid:0)  ACCELERATED PROCEDURE 

READMISSION APPLICATION 

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

the European Community and the former Yugoslav Republic of Macedonia 

on the readmission of persons residing without authorisation 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
A.  PERSONAL DETAILS 

1.  Full name (underline surname): 

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

2.    Maiden name: 

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

3.    Date and place of birth: 

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

Photograph 

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

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

6.    Nationality and language: 
       ...........................................................................................................................………...................……………… 

7.    Civil status: 
(cid:0) 
(cid:0) 

(cid:0) 

married
single

divorced
(cid:0)  widowed

       If married : 

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

Names 

and 

age 

of 

any)
 ...........................................................................................

children 

(if 

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

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

8.    Last address in the requesting State: 
............................................................................................................................………....................………… 

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

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE) 

1.Full name (underline surname):...................................................................................................................................... 

2.Maiden name:……………………………………...........................................................……………………………… 

3.Date and place of birth:…………………………............................................................……………………………… 

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

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

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

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

6.Nationality and language: 

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

C. PERSONAL DETAILS OF CHILDREN (IF APPROPRIATE) 

1.Full name (underline surname):...................................................................................................................................... 

2.Date and place of birth:…………………………............................................................……………………………… 

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

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

4.Nationality and language: 

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

D.SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1.State of health  

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

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

2.ndication of particularly dangerous person  

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

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

EN 

36 

   EN 

 
E.    MEANS OF EVIDENCE ATTACHED 

1.   .................................................................………… 

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

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

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

(Passport No.) 

(date and place of issue) 

(issuing authority) 

(expiry date) 

2.   .................................................................………… 

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

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

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

(Identity card No.) 

(date and place of issue) 

(issuing authority) 

(expiry date) 

3.   .................................................................………… 

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

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

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

(Driving licence No.) 

(date and place of issue) 

(issuing authority) 

(expiry date) 

4.   .................................................................………… 

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

(Other official document No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

F.   OBSERVATIONS 

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

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

(Signature) (Seal/stamp) 

EN 

37 

   EN 

 
 
 
 
 
 
Annex 7 

[Emblem of former Yugoslav Republic of Macedonia ] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

TRANSIT APPLICATION 

pursuant to Article 14 of the Agreement of ........... between  

the European Community and the former Yugoslav Republic of Macedonia 

EN 

38 

   EN 

 
 
 
 
 
 
on the readmission of persons residing without authorisation 

A.  PERSONAL DETAILS 

1.Full name (underline surname): 

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

2.Maiden name: 

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

3.Date and place of birth: 

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

Photograph 

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

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

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

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

6.Nationality and language: 

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

7.Type and number of travel document: 

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

B. TRANSIT OPERATION 

1. Type of transit 

(cid:137)  by air 

(cid:137)  by land 

2. State of final destination 

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

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
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 13 paragraph 2) 

(cid:137)  yes 

(cid:137)  no 

6.Knowledge 
(Article 13 paragraph 3) 

of 

any 

reason 

for 

a 

refusal 

of 

transit  

(cid:137)  yes 

(cid:137)  no 

C.OBSERVATIONS 

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

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

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

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

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

(Signature) (Seal/stamp) 

EN 

40 

   EN 

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

In application of the provisions in question, the Parties should endeavour to take appropriate 
measures to maintain as far as possible the family unity and integrity. To this aim the Parties 
should make the best effort to readmit the family members in a reasonable time frame. 

The  application  of  the  principle  of  family  unity  and  integrity  should  be  in  particular  the 
subject of monitoring by the Committee referred to in Article 18.  

Joint Declaration concerning Articles 2(3) and 4(3)  

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

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

Joint Declaration concerning Articles 3 and 5 

The  parties  will  endeavour  to  return  any  third  country  national  who  does  not,  or  who  no 
longer,  fulfils  the  legal  conditions  in  force  for  entry  to,  presence  in  or  residence  on,  their 
respective territories, to his or her country of origin. 

Joint Declaration concerning Denmark 

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

Joint Declaration concerning Iceland and Norway 

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

Joint Declaration concerning Switzerland  

“The  Contracting  Parties  take  note  that  the  European  Union,  the  European  Community  and 
Switzerland  signed  an  agreement  on  Switzerland's  association  with  the  implementation, 
application and development of the Schengen acquis. It is appropriate, once this association 
agreement  enters  into  force,  that  the  former  Yugoslav  Republic  of  Macedonia  concludes  a 
readmission agreement with Switzerland in the same terms as this Agreement.” 

EN 

41 

   EN