Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Republic of Serbia on readmission
Date: 2007-07-23
Institutions: European Commission
Subjects: Serbia, agreement (EU), return migration, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.7.2007 
COM(2007) 438 final 

2007/0153 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The  importance  for  the  Republic  of  Serbia,  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 
document,  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  Serbia  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 Serbia. 
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  Serbia  to  the  Serbian 
authorities. The negotiations were launched on 30 November 2006 and the first formal round 
took  place  in  Brussels  on  4  December  2006.  Two  further  rounds  were  held  in  Brussels  and 
Belgrade  respectively,  in  parallel  ("back-to-back")  with  the  negotiations  on  an  EC  -  Serbia 
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 but one of 
the outstanding issues were agreed, including the readmission of the former nationals of the 
Socialist Federal Republic of Yugoslavia who have acquired no other nationality. For the last 
remaining  outstanding  issue,  which  concerned  the  conditions  for  the  readmission  of  third 
country nationals and stateless persons, the Commission had to consult Member States, which 
it  did  on  25  April  in  the  framework  of  the  Council  Working  Group  on  Migration  and 
Expulsion.  On  the  basis  of  this  consultation,  the  Commission  found  agreement  with  the 
Serbian side on the outstanding issue in Brussels on 16 May. 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 

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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 Republic of Serbia 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 Serbia, 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 Serbia provided two conditions are met: their place 
of birth was on Serbia's territory and their place of permanent residence on the date 
of independence of Serbia (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. 

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- 

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Both  for  own  nationals,  in  case  of  expiry  of  specified  delay,  as  well  as  for  third 
country nationals or stateless persons, in all cases, Serbia 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  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)).  Article  6(3)  contains  another  important 
procedural element, the so-called accelerated procedure, which has been agreed upon 
for  persons  apprehended  in  the  border  region.  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  10 
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 
Serbia  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 Serbia 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. 

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; 

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

Negotiations for the  Agreement  took  place  between  30  November  2006  and  16  May 
2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 16 May 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 Serbia on 
readmission. 

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

For the Council 
The President 

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2007/0153 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Republic of Serbia 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 Serbia 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. 

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[…] 

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(7) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement between the European Community and the Republic of Serbia 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 in Brussels, the………of…………2007 

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 SERBIA 

ON THE READMISSION OF PERSONS RESIDING  

WITHOUT AUTHORIZATION 

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AGREEMENT 

between the European Community and the Republic of Serbia 

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 SERBIA, hereinafter referred to as “Serbia”, 

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 
Serbia 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  Serbia 
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: 

Article 1 

Definitions 

For the purpose of this Agreement: 

(a) 

(b) 

(c) 

(d) 

“Contracting Parties” shall mean Serbia and the Community; 

“National of Serbia” shall mean any person who holds the nationality of the Republic 
of Serbia 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; 

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(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

“Third-country  national”  shall  mean  any  person  who  holds  a  nationality  other  than 
that of Serbia 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 Serbia 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 Serbia 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  (Serbia  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  (Serbia  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  Serbia  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 Serbia, as well as the territories of 
International airports of the Member States and Serbia. 

(m) 

“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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SECTION I. READMISSION OBLIGATIONS BY SERBIA 

Article 2 

Readmission of own nationals 

(1) 

Serbia shall readmit, upon application by a Member State and without further 
formalities  other  than  those  provided  for  in  this  agreement,  any  person  who 
does not, or who no longer, fulfils 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 a person is a national of Serbia. 

(2) 

Serbia shall also readmit: 

–  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 
Serbia,  unless  they  have  an  independent  right  of  residence  in  the  Requesting  Member 
State. 

(3) 

(4) 

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

After  Serbia  has  given  a  positive  reply  to  the  readmission  application,  the 
competent  Diplomatic  Mission  or  Consular  Office  of  Serbia  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 Serbia 
shall,  within  14  calendar  days,  issue  a  new  travel  document  with  a  period  of 
validity of the same duration. If Serbia 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 purposes1. 

(5) 

In case the person to be readmitted possesses the nationality of a third state in 
addition  to  Serbian  nationality,  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 

1 

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

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(1) 

a) 

b) 

(2) 

a) 

b) 

Serbia 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 
Serbia; or 

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

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 Serbia; 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 Serbia, 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 Serbia; or  

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

on, or transited through, the territory of Serbia. 

(3) 

(4) 

Serbia  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 
27 April 1992, was in the territory of Serbia.  

After  Serbia  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 purposes1. 

SECTION II. READMISSION OBLIGATIONS BY THE COMMUNITY 

Article 4 

Readmission of own nationals 

(1) 

A Member State shall readmit, upon application by Serbia and without further 
formalities  other  than  those  provided  for  in  this  agreement,  any  person  who 

1 

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

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does not, or who no longer, fulfils the conditions in force for entry to, presence 
in, or residence on, the territory of Serbia provided that it is proved, or may be 
validly  assumed  on  the  basis  of  prima  facie  evidence  furnished,  that  such  a 
person is a national of that Member State. 

(2) 

A Member State shall also readmit: 

–  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 Serbia; 

–  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 Serbia; 

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

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.  

In case the person to be readmitted possesses the nationality of a third state in 
addition  to  the  nationality  of  the  Requested  Member  State,  Serbia  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 Serbia 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 
Serbia  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 Serbia  after having  stayed on,  or 
transited through, the territory of the Requested Member State.  

(3) 

(4) 

(5) 

(1) 

a) 

b) 

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(2) 

a) 

b) 

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 

Serbia 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 Serbia has been obtained by using forged or falsified 
documents,  or  by  making  false  statement,  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 the person concerned has 

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, Serbia  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, 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  in  case  such  a  person  is  a  third 
country national or stateless person, also holds 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). 

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Article 7 

Readmission application 

(1) 

a) 

b) 

c) 

(2) 

a) 

b) 

(3) 

(1) 

(2) 

(3) 

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

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

documents  on  the  basis  of  which  the  nationality  shall  be  proven  and  the 
indication of the means with which 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 to be readmitted. 

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 

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  and  Serbia  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  Serbia  shall  deem  the  nationality  to  be 
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 

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readmitted  without  undue  delay,  at  the  latest  within  3  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 Serbia 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 Serbia 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 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 Serbia without any further investigation being required.  

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 5b to this 
Agreement; it cannot be furnished through false documents. Where such prima 
facie  evidence  is  presented,  Serbia  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  Serbia  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) 

Article 10 

Time limits  

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(1) 

The application for readmission must be submitted to the competent authority 
of  the  Requested  State  within  a  maximum  of  one  year  after  the  Requesting 
State’s competent authority has gained knowledge that a third-country national 
or a stateless person does not, or does no longer, fulfil the conditions in force for 
entry,  presence  or  residence.  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 10 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 approved. 

(3) 

(4) 

(5) 

(1) 

(2) 

Where  there  are  legal  or  factual  obstacles  to  the  application  being  replied  to 
within  10  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 Serbia 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 Serbia 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 Serbia or any 
Member State.  

Article 12 

Readmission in error 

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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. 

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  Serbia  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. 

Serbia 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 Serbia 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 Serbia 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. 

Serbia 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: 

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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) 

(3) 

(4) 

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 Serbia 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  Serbia  and,  where  the  controller  is  a  competent 

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authority  of  a  Member  State,  to  the  provisions  of  Directive  95/46/EC1  and  of  the  national 
legislation  of  that  Member  State  adopted  pursuant  to  this  Directive.  Additionally  the 
following principles shall apply: 

(a) 

(b) 

(c) 

personal data must be processed fairly and lawfully; 

implementing 

personal data must be collected for the specified, explicit and legitimate purpose 
of 
the 
communicating authority nor by the receiving authority in a way incompatible 
with that purpose; 

this  Agreement  and  not 

further  processed  by 

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. 

(d) 

(e) 

(f) 

(g) 

(h) 

1 

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  to  the  rights,  obligations  and 
responsibilities of the Community, the Member States and Serbia arising from 
International Law and, in particular, from  

–  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; 

–  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) 

a) 

b) 

c) 

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 

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 Serbia pursuant to Article 19;  

d) 

to recommend amendments to this Agreement and its Annexes; 

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(2) 

(3) 

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

The  committee  shall  be  composed  by  representatives  of  the  Community  and 
Serbia; the Community shall be represented by the Commission. 

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

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

Article 19 

Implementing Protocols 

(1) Upon request of a Member State or Serbia, Serbia and a Member State shall draw up an 
implementing Protocol which shall cover rules on 

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

b)  the modalities for returns under the accelerated procedure; 

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

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

(2) 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. 

(3) Serbia  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. 

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

SECTION VIII. FINAL PROVISIONS 

Article 21 

Territorial application 

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(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 Serbia1. 

(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 the Bulgarian, 
Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian, 
Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian, 
Spanish, Swedish and Serbian languages, each of these texts being equally authentic.  

For the European Community 

For the Republic of Serbia 

(…) 

(…) 

1 

The  scope  of  territorial  applicability  concerning  Serbia  will  be  defined  in  the  negotiations  without 
prejudice to the UN Security Council Resolution 1244 of 10 June 1999. 

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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). 

Where the Requested State is Serbia: 

–  passports  of  any  kind  (national  passports,  diplomatic  passports,  service  passports, 
collective passports and surrogate passports including children’s passports) issued after 27 
July  1996  according  to  the  Law  on  Travel  Documents  of  Yugoslav  nationals  of  1996  as 
well  as  the  subsequent  legislative  amendments  following  adoption  of  the  new  Law  on 
Travel Documents of Serbia; 

–  identity  cards  of  any  kind  (including  temporary  and  provisional  ones)  issued  after  1 

January 2000. 

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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)) 

Where the Requested State is either one of the Member States or Serbia: 

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

–  nationality certificate and other documents issued by responsible authorities indicating the 

nationality; 

–  service books and military identity cards; 

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

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

citizenship. 

–  driving licenses or photocopies thereof; 

–  birth certificates or photocopies thereof; 

–  company identity cards or photocopies thereof; 

–  statements by witnesses; 

–  statements made by the person concerned and language spoken by him or her, including by 

means of an official test result; 

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

Where the Requested State is Serbia: 

–  passports  of  any  kind  (national  passports,  diplomatic  passports,  service  passports, 
collective passports and surrogate passports including children’s passports) issued between 
27 April 1992 and 27 July 1996 and photocopies thereof; 

–  identity  cards  of  any  kind  (including  temporary  and  provisional  ones)  issued  between  27 

April 1992 and 1 January 2000 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 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; 

–  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;  

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

agency;  

–  official  statements  made,  in  particular,  by  border  authority  staff  who  can  testify  to  the 

person concerned crossing the border. 

EN 

28 

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–  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)) 

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

–  witnesses who can testify to the person concerned crossing the border; 

–  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.; 

–  statement by the person concerned. 

EN 

29 

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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 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,  including  identity  cards,  or  photocopies  thereof  issued  by  Serbia,  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 Serbia; 

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

EN 

30 

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–  Annex 6 

[Emblem of Republic of Serbia] 

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

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

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

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

………… 

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

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

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

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

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

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

(cid:0)ACCELERATED PROCEDURE

To 

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

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

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

(Designation of requested authority) 

EN 

31 

   EN 

 
 
 
 
READMISSION APPLICATION 

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

the European Community and the Republic of Serbia 

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. If known, last address in the requesting and the Requested State: 

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

B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE) 

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

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

EN 

32 

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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: 

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

7. IF KNOWN, LAST ADDRESS OF RESIDENCE IN THE REQUESTED STATE 

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: 

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

5. Data on parents (date and place of birth), if different from the data supplied under A and B 

……………………………………………………………………………………………………………………………… 

D.SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1.State of health  

(e.g. possible reference to special medical care; Latin name of possible 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..................................................................………… 

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

(Identity card No.) 

(date and place of issue) 

EN 

33 

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

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

(issuing authority) 

(expiry date) 

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

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

(Driving licence No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

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

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

(Other official document No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

F.OBSERVATIONS 

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

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

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

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

(Signature) (Seal/stamp) 

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1.1.1.1.  Annex 7 

[Emblem of Republic of Serbia] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

EN 

35 

   EN 

 
 
 
 
 
 
TRANSIT APPLICATION 

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

the European Community and the Republic of Serbia 

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 

36 

   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 

37 

   EN 

 
Joint Declaration concerning reintegration 

The  Contracting  Parties  acknowledge  the  necessity  of  an  efficient,  effective  and  sustainable 
socio-economic reintegration of repatriated citizens of the Republic of Serbia. They confirm 
their intention to increase their efforts, also financially, to support such reintegration, taking 
into account Community financial assistance available to that end. 

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

The  Contracting  Parties  take  note  that,  according  to  the  nationality  laws  of  the  Republic  of 
Serbia and the Member States, it is not possible for a citizen of the Republic of Serbia 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. 

Declaration by the Republic of Serbia concerning citizenship 

The Republic of Serbia states that, in accordance with the Law on Citizenship of the Republic 
of  Serbia  (Official  Gazette  of  the  Republic  of  Serbia,  no  135/04),  the  citizenship  of  the 
Republic  of  Serbia  held  by  a  citizen  of  the  Republic  of  Serbia  may  not  be  terminated  by 
renunciation,  if  such  a  person  fails  to  provide  the  evidence  proving  that  he/she  will  be 
admitted to a foreign citizenship at the moment of submitting the request for renunciation of 
Republic of Serbia citizenship. 

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 Republic of Serbia 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  Republic  of  Serbia 
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 

EN 

38 

   EN 

 
agreement enters into  force, that the Republic of Serbia  concludes a  readmission  agreement 
with Switzerland in the same terms as this Agreement. 

EN 

39 

   EN