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

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2007 
COM(2007) 431 final 

2007/0146 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Republic of Montenegro on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Republic of Montenegro on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The importance for the Republic of Montenegro, 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 
samedocument, 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 Republic of Montenegro and the other Western Balkan countries 
to take all the necessary measures to facilitate the conclusion, and ensure the implementation, 
of such agreements. 

On  13  November  2006  the  General  Affairs  and  External  Relations  Council  formally 
authorised  the  Commission  to  negotiate  a  readmission  agreement  with  the  Republic  of 
Montenegro.  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 
Montenegro to the Montenegrin authorities. The negotiations were launched on 30 November 
2006  and  the  first  formal  round  took  place  in  Brussels  on  15  December  2006.  Two  further 
rounds  were  held  in  Brussels  in  parallel  ("back-to-back")  with  the  negotiations  on  an  EC-
Montenegro  visa  facilitation  agreement.  Moreover,  formal  negotiations  were  occasionally 
prepared by informal expert meetings. The last formal round of negotiations took place on 11 
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.  

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.  

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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  Republic  of  Montenegro  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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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 Montenegro, 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,  or  who  have  been  deprived  of,  their  nationality  without  acquiring 
the nationality of another State.  

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.  

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 Montenegro provided two conditions are met: their 
place of birth was on Montenegro's territory and their place of permanent residence 
on the date of independence of Montenegro (i.e. 27 April 1992) was on the territory 
of that State. The specific conditions for the readmission of this category of persons 
was applied horizontally in all the readmission agreements with the Western Balkan 
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, Montenegro accepts the use of the 
EU's standard travel document for expulsion purposes (Articles 2(4) and 3(4)). 

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Section  III  of  the  Agreement  (Articles  6  to  9  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)). The time limit for replies for all readmission 
applications is 12 calendar days with the right to an extension with up to 6 calendar 
days upon request and in duly motivated cases.  

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. 

In order to execute this Agreement in practice, Article 19 creates the possibility for 
Montenegro  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  Montenegro  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(d), 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. 

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III. 

CONCLUSIONS 

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

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

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

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Republic of Montenegro on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

Negotiations for the Agreement took place between 30 November 2006 and 11 April 
2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 11 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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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  Republic  of 
Montenegro on readmission. 

Done at Brussels,  

For the Council 
The President 

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2007/0146 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Republic of Montenegro on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3 

Whereas: 

(1) 

(2) 

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

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2007  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with 
Decision……../……/EC of the Council of [………….] 

(3) 

This Agreement should be approved. 

(4) 

(5) 

(6) 

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

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

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

(7) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 

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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  Republic  of  Montenegro  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 Agreement4. 

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. 

Article 5 

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

Done at Brussels,  

For the Council 
The President 

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

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Annex 

AGREEMENT 

between the European Community and the Republic of Montenegro 

on the readmission of persons residing without authorization 

THE HIGH CONTRACTING PARTIES, 

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

and 

THE REPUBLIC OF MONTENEGRO, hereinafter referred to as “Montenegro”,  

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 
Montenegro 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 
Montenegro 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, 

HAVE AGREED AS FOLLOWS: 

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Article 1  

Definitions 

For the purpose of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

“Contracting Parties” shall mean Montenegro and the Community; 

“National  of  Montenegro”  shall  mean  any  person  who  holds  the  nationality  of  the 
Republic of Montenegro, in accordance with its 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 Montenegro 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 Montenegro 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 Montenegro 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 (Montenegro 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; 

“Requested State” shall mean the State (Montenegro 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 Montenegro or one of 
the  Member  States  entrusted  with  the  implementation  of  this  Agreement  in 
accordance with Article 19 (1) lit. a) thereof; 

“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. 

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

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SECTION I.  

READMISSION OBLIGATIONS BY MONTENEGRO 

Article 2 

Readmission of own nationals 

(1) 

Montenegro 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 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 Montenegro. 

(2) 

Montenegro shall also readmit: 

(3) 

(4) 

–  minor unmarried children of the persons mentioned in paragraph 1, regardless of 
their place of birth or their nationality, unless they have an independent right of 
residence in 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 Montenegro, unless they have an independent right of residence 
in the Requesting Member State.  

Montenegro  shall  also  readmit  persons  who  have  been  deprived  of,  or  who  have 
renounced,  the  nationality  of  Montenegro  since  entering  the  territory  of  a  Member 
State,  unless  such  persons  have  at  least  been  promised  naturalisation  by  one  of  the 
Member States. 

After  Montenegro  has  given  a  positive  reply  to  the  readmission  application,  the 
competent Diplomatic Mission or Consular Office of Montenegro 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 at least 3 months. 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  Montenegro  shall,  within  14  calendar  days,  issue  a 
new travel document with a period of validity of the same duration. If Montenegro 
has not, within 14 calendar days, issued the new travel document, it shall be deemed 
to accept the use of the EU standard travel document for expulsion purposes5. 

(5) 

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

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

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Article 3 

Readmission of third-country nationals and stateless persons 

(1) 

Montenegro 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 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  

a) 

b) 

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

illegally  and  directly  entered  the  territory  of  the  Member  States  after  having 
stayed on, or transited through, the territory of Montenegro.  

(2) 

The readmission obligation in paragraph 1 shall not apply if  

a) 

b) 

the third country national or stateless person has only been in airside transit via 
an International Airport of Montenegro; 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 
Montenegro, which has a longer period of validity than the one issued 
by the Requesting Member State; 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; or  

– 

that person fails to observe any condition attached to the visa. 

(3) 

(4) 

Montenegro  shall  also  readmit,  upon  application  by  a  Member  State,  former 
nationals of the former Socialist Federal Republic of Yugoslavia who have acquired 
no other nationality and whose place of birth, and place of permanent residence on 
27  April  1992,  was  in  the  territory  of  Montenegro,  provided  that  the  latter  can  be 
confirmed  by  the  Montenegrin  authorities  at  the  date  of  the  submission  of  the 
readmission application.  

After  Montenegro  has  given  a  positive  reply  to  the  readmission  application,  the 
Requesting Member State issues the person whose readmission has been accepted the 
EU standard travel document for expulsion purposes6. 

6 

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

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SECTION II. 

READMISSION OBLIGATIONS BY THE COMMUNITY 

Article 4 

Readmission of own nationals 

(1) 

A Member State shall readmit, upon application by Montenegro and without further 
formalities other than those provided for in this agreement, all persons who do not, or 
who no longer, fulfil the conditions in force for entry to, presence in, or residence on, 
the territory of Montenegro 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: 

(3) 

(4) 

–  minor unmarried children of the persons mentioned in paragraph 1, regardless of 
their place of birth or their nationality, unless they have an independent right of 
residence in Montenegro; 

–  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 Montenegro; 

A Member State shall also readmit persons who have been deprived of, or who have 
renounced,  the  nationality  of  a  Member  State  since  entering  the  territory  of 
Montenegro,  unless  such  persons  have  at  least  been  promised  naturalisation  by 
Montenegro. 

After  the  Requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application,  the  competent  Diplomatic  Mission  or  Consular  Office  of  that  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 at 
least  3  months.  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 that Member State 
shall, within 14 calendar days, issue a new travel document with a period of validity 
of the same duration. 

(5) 

In  case  the  person  to  be  readmitted  possesses  the  nationality  of  a  third  state  in 
addition  to  that  of  the  Requested  Member  State,  Montenegro  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 

(1) 

A Member State shall readmit, upon application by Montenegro 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 conditions in 

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force for entry to, presence in, or residence on, the territory of Montenegro provided 
that  it  is  proved,  or  may  be  validly  assumed  on  the  basis  of  prima  facie  evidence 
furnished, that such persons  

a) 

b) 

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

(2) 

The readmission obligation in paragraph 1 shall not apply if  

a) 

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

b)  Montenegro 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 has a longer period of validity than the 
one issued by Montenegro; or 

the visa or residence permit issued by Montenegro has been obtained by 
using forged or falsified documents, or by making false statements; or 

that person fails to observe any condition attached to the visa. 

(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, 
Montenegro  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) 

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

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(2) 

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. 

Article 7 

Readmission application 

(1) 

Any readmission application is to contain the following information:  

a) 

b) 

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

c) 

photograph of the person to be readmitted. 

(2) 

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

a) 

b) 

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

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

(3) 

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

Article 8 

Means of evidence regarding nationality 

(1) 

(2) 

Proof  of  nationality  pursuant  to  Article  2  (1)  and  Article  4  (1)  can  be  particularly 
furnished  through  the  documents  listed  in  annex  1  to  this  Agreement,  even  if  their 
period of validity has expired. If such documents are presented, the Member States 
further 
recognise 
and  Montenegro  shall  mutually 
investigation  being  required.  Proof  of  nationality  cannot  be  furnished  through  false 
documents. 

the  nationality  without 

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 Montenegro shall deem the nationality to be established, unless 
they  can  prove  otherwise.  Prima  facie  evidence  of  nationality  cannot  be  furnished 
through false documents. 

(3) 

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 

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request, make arrangements to interview the person to be readmitted without undue 
delay,  at  the  latest  within  5  working  days  from  the  requesting  day,  in  order  to 
establish his or her nationality. 

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 Montenegro 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  Montenegro  shall  deem  the  conditions  to  be 
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. 

Proof  of  the  conditions  for  the  readmission  of  former  nationals  of  the  former 
Socialist  Federal  Republic  of  Yugoslavia  laid  down  in  Article  3  (3)  shall  be 
particularly  furnished  through  the  means  of  evidence  listed  in  annex  5a  to  this 
Agreement; it cannot be furnished through false documents. Any such proof shall be 
recognised by Montenegro without any further investigation being required, provided 
that the permanent residence on 27 April 1992 can be confirmed by the Montenegrin 
authorities at the date of the submission of the readmission application.  

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

If  none  of  the  documents  listed  in  annex  5a  and  annex  5b  can  be  presented,  the 
competent  diplomatic  and  consular  representations  of  Montenegro  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. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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Article 10 

Time limits  

(1) 

(2) 

(3) 

(4) 

(5) 

(1) 

(2) 

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

A readmission application must be replied to in writing within 12 calendar days in all 
cases.  This  time  limit  begins  to  run  with  the  date  of  receipt  of  the  readmission 
request. If there was no reply within this time limit, the transfer shall be deemed to 
have been agreed to. 

Where there are legal or factual obstacles to the application being replied to within 
12 calendar days, this time limit may, upon duly motivated request, be extended with 
a maximum of 6 calendar days. If there was no reply within the extended time limit, 
the transfer shall be deemed to have been approved. 

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

After agreement has been given or, where appropriate, after expiry of the time limit 
laid  down  in  paragraph  2,  the  person  concerned  shall  be  transferred  within  three 
months. On request of the Requesting State, this time limit may 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 Montenegro 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, sea or land. Return by air shall not be restricted 
to the use of the national carriers of Montenegro 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 Montenegro or any Member State.  

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) 

The  Member  States  and  Montenegro  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. 

Montenegro 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  Montenegro  so  requests,  if  the  onward 
journey  in  possible  other  States  of  transit  and  the  readmission  by  the  State  of 
destination is assured. 

(3) 

Transit can be refused by Montenegro or a Member State  

a) 

b) 

c) 

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. 

(4) 

Montenegro 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  

(1) 

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

a) 

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

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b) 

c) 

d) 

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. 

(2) 

(3) 

(4) 

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

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.  

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.  

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  Montenegro  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 Montenegro and, where the controller 

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is a competent authority of a Member State, to the provisions of Directive 95/46/EC7 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) 

g) 

h) 

7 

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. 

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. 

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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i) 

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 

(1) 

This  agreement  shall  be  without  prejudice 
the  rights,  obligations  and 
responsibilities of the Community, the Member States and Montenegro 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 

a) 

b) 

c) 

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 Montenegro pursuant to Article 19;  

d) 

to recommend amendments to this Agreement and its annexes. 

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(2) 

(3) 

(4) 

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

The  committee  shall  be  composed  by  representatives  of  the  Community  and 
Montenegro; 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) 

Upon  request  of  a  Member  State  or  Montenegro,  Montenegro  and  a  Member  State 
shall draw up an implementing Protocol which shall cover rules on 

a) 

b) 

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

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

c)  means  and  documents  additional  to  those  listed  in  the  annexes  1  to  5  to  this 

agreement  

(2) 

(3) 

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. 

Montenegro  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, subject to practical feasibility of its application. 

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 
Montenegro,  in  so  far  as  the  provisions  of  the  latter  are  incompatible  with  those  of  this 
Agreement. 

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SECTION VIII. FINAL PROVISIONS 

Article 21 

Territorial application 

(1) 

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

(2) 

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

Article 22 

Entry into force, duration and termination  

(1) 

(2) 

(3) 

(4) 

(5) 

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. 

This Agreement is concluded for an unlimited period. 

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. 

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. 

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 Republic of Montenegro  

(…) 

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(…) 

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Annex 1 

LIST OF DOCUMENTS 

THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY 

(ARTICLES 2 (1), 4 (1) AND 8 (1)) 

Where the Requested State is one of the Member States: 

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

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

–  identity cards of any kind (including temporary and provisional ones); 

–  service books and military identity cards;  

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

Where the Requested State is Montenegro: 

–  travel  documents  (national  passports  and  collective  passports)  issued  by  the  Ministry  of 
Interior  of  the  Republic  of  Montenegro  after  15  June  1997  (“blue  passports”)  and  travel 
documents (diplomatic passports and service passports) issued by the Ministry of Foreign 
Affairs  of  the  Republic  of  Montenegro,  as  well  as  the  travel  documents  which  will  be 
issued in accordance with the new Law on Travel Documents;  

–  identity cards issued by the Ministry of Interior of the Republic of Montenegro after 1 May 
1994, as well as the identity cards which will be issued in accordance with the new Law on 
Identity Cards.  

–  service books and military identity cards of the Army of Montenegro; 

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

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Annex 2 

LIST OF DOCUMENTS 

THE PRESENTATION OF WHICH IS CONSIDERED AS 

PRIMA FACIE EVIDENCE OF NATIONALITY 

(ARTICLES 2 (1), 4 (1) AND 8 (2)) 

When the Requested State is either one of the Member States or Montenegro: 

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

–  driving licenses or photocopies thereof; 

–  birth certificates or photocopies thereof; 

–  any  other  formal  document  issued  by  the  authorities  of  the  Requested  State  which  may 

help to establish the nationality of the person concerned; 

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

citizenship.  

Where the Requested State is Montenegro: 

- passports issued by the Ministry of Interior of the Republic of Montenegro before 15 June 
1997 (“red passports”) and photocopies thereof; 

–  - identity cards issued by the Ministry of Interior of the Republic of Montenegro before 1 

May 1994 and photocopies thereof. 

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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); 

–  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,  in  particular,  by  border authority  staff  and other witnesses who 

can testify to the person concerned crossing the border;  

–  official statement by the person concerned in judicial or administrative proceedings which 
indicates presence or the itinerary of the concerned person on the territory of the Requested 
State. 

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COMMON LIST OF DOCUMENTS 

Annex 4 

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)) 

–  description  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 (e.g. UNHCR); 

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

–  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;  

EN 

27 

   EN 

 
Annex 5 

LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OR AS PRIMA FACIE EVIDENCE OF 
THE CONDITIONS FOR THE READMISSION OF FORMER NATIONALS OF THE FORMER 
SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA 
(ARTICLES 3 (3), 9 (4) AND 9 (5)) 

Annex 5a (Documents considered as Proof) 

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

Yugoslavia; 

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

Annex 5b (Documents considered as prima facie evidence) 

–  Other  documents  or  certificates  or  photocopies  thereof  which  point  to  the  place  of  birth 

and/or place of permanent residence in the territory of Montenegro; 

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

EN 

28 

   EN 

 
Annex 6 

[Emblem of Montenegro] 

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

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

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

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

………… 

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

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

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

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

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

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

To 

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

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

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

(Designation of requested authority) 

EN 

29 

   EN 

 
 
 
 
READMISSION APPLICATION 

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

the European Community and Montenegro 

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, colour of eyes, distinguishing marks etc.): 

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

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

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

6. Nationality and language: 

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

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

If married : name of spouse.............................................................................................................................. 

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

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

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

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

8. Last address in the requesting State: 

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

EN 

30 

   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, colour 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, colour 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.Indication of particularly dangerous person  

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

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

E.MEANS OF EVIDENCE ATTACHED 

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

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

(Passport No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

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

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

EN 

31 

   EN 

 
(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 

32 

   EN 

 
Annex 7 

[Emblem of Montenegro] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

EN 

33 

   EN 

 
 
 
 
 
TRANSIT APPLICATION 

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

the European Community and Montenegro 

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, colour of eyes, distinguishing marks etc.): 

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

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

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

6.Nationality and language: 

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

7.Type and number of travel document: 

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

B.TRANSIT OPERATION 

1.Type of transit 

(cid:137)  by air 

(cid:137)  by sea 

(cid:137)  by land 

2.  State of final destination 

EN 

34 

   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 

35 

   EN 

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

Until  the  establishment  of  the  Diplomatic  Consular  Representations  of  the  Republic  of 
Montenegro on the territory of the EU Member States, travel documents from the Article 2(4) 
will  be  issued  by  the  Diplomatic  Mission  or  Consular  Office  of  the  Republic  of  Serbia,  in 
accordance with the Article 6 of the Memorandum of Understanding between the Republic of 
Montenegro and the Republic of Serbia, or Diplomatic Missions or Consular Offices of other 
States representing Montenegro. 

If the Requested Member State has no Diplomatic Mission or Consular Office in the Republic 
of Montenegro, the travel document to be issued pursuant to Article 4(4) will be issued by the 
Diplomatic  Mission  or  Consular  Office  of  the  Member  State  representing  that  Requested 
Member  State.  The  travel  document  is  issued  on  behalf  of  the  Requested  Member  State, 
subject to its prior authorisation. 

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 Article 3(1) 

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

Joint Declaration concerning Danmark 

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 Montenegro 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  Montenegro  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  Montenegro  concludes  a  readmission  agreement  with 
Switzerland in the same terms as this Agreement. 

EN 

36 

   EN