Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on readmission
Date: 2007-07-27
Institutions: European Commission
Subjects: Bosnia and Herzegovina, agreement (EU), return migration, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.7.2007 
COM(2007) 425 final 

2007/0142 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Bosnia and Herzegovina on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Bosnia and Herzegovina on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The  importance  for  Bosnia  and  Herzegovina  as  well  as  for  all  the  other  Western  Balkan 
countries of coping with illegal migration issues was reaffirmed in the conclusions of the EU-
Western  Balkans  Summit  held  in  Thessaloniki  on  21  June  2003,  which  also  confirmed  the 
European  perspective  of  the  countries  of  the  Western  Balkans.  According  to  the  same 
conclusions,  the  dialogue  on  visa  issues  will  be  dependent  on  combating,  inter  alia,  illegal 
immigration. As regards readmission, the “Thessaloniki agenda” announced the commitment 
of  the  EU  to  conduct  and  conclude  readmission  agreements  with  all  the  countries  in  the 
region. It further invited Bosnia and Herzegovina 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  Bosnia  and 
Herzegovina.  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 Bosnia and 
Herzegovina  to  the  Bosnian  authorities.  The  negotiations  were  launched  on  30  November 
2006  and  the  first  formal  round  took  place  in  Brussels  on  20  December  2006.  Two  further 
rounds  were  held  in  Brussels  in  parallel  ("back-to-back")  with  the  negotiations  on  an  EC-
Bosnia  and  Herzegovina  visa  facilitation  agreement.  The  last  formal  round  of  negotiations 
took  place  on  10  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  Bosnia  and  Herzegovina  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 4 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 Bosnia and Herzegovina 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  Bosnia  and  Herzegovina  provided  two  conditions 
are  met:  their  place  of  birth  was  on  Bosnia  and  Herzegovina's  territory  and  their 
place  of  permanent  residence  on  the  date  of  independence  of  Bosnia  and 
Herzegovina  (i.e.  6  April  1992)  was  on  the  territory  of  that  State.  The  specific 
conditions for the readmission of this category of persons were applied horizontally 
in all the readmission agreements with the Western Balkans countries. 

Both  for  own  nationals,  in  case  of  expiry  of  specified  delay,  as  well  as  for  third 
country nationals or stateless persons, in all cases, Bosnia and Herzegovina 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 12 in conjunction with Annexes 1 to 6) 
contains the necessary technical provisions regarding the readmission procedure (the 
form  and  content  of  the  readmission  application,  means  of  evidence,  time  limits, 
transfer  modalities  and  modes  of  transportation).  Some  procedural  flexibility  is 
provided by the fact that no readmission will be needed in cases where the person to 
be readmitted is in possession of a valid national passport and, if he or she is a third-
country national, also holds a valid visa or residence authorisation of the State which 
has to readmit him or her (Article 6(2)). The time limit for replies for all readmission 
applications 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 
Bosnia  and  Herzegovina  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  Bosnia  and 
Herzegovina  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 Bosnia and Herzegovina on readmission. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Bosnia and Herzegovina 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  Bosnia  and 
Herzegovina on readmission. 

Negotiations for the Agreement took place between 30 November 2006 and 10 April 
2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 10 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 Bosnia and Herzegovina 
on readmission. 

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

For the Council 
The President 

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2007/0142 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Bosnia and Herzegovina 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 Commission1, 

Having regard to the opinion of the European Parliament2 

WHEREAS:  

(1) 

(2) 

The Commission has negotiated on behalf of the European Community an Agreement 
with Bosnia and Herzegovina on readmission; 

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

its  possible  conclusion  at  a 

later  date, 

to 

(3) 

This Agreement should be approved. 

(4) 

(5) 

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

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

(6) 

In accordance with Article 3 of the Protocol on the position of the United Kingdom and 
Ireland,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 

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

(7) 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  Bosnia  and  Herzegovina  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 Agreement1. 

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. 

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

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Article 5 

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

Done in Brussels, the………of…………2007 

For the Council 
The President 

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Annex 

AGREEMENT 

between the European Community and Bosnia and Herzegovina 

on the readmission of persons residing without authorization 

THE HIGH CONTRACTING PARTIES, 

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

and 

BOSNIA AND HERZEGOVINA,  

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 
Bosnia and Herzegovina 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 Bosnia and 
Herzegovina 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) 

“Contracting Parties” shall mean Bosnia and Herzegovina and the Community; 

“National  of  Bosnia  and  Herzegovina”  shall  mean  any  person  who  holds  the 
nationality of Bosnia and Herzegovina in accordance with its national legislation; 

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

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

“Third-country  national” shall  mean any person who  holds  a nationality other than 
that of Bosnia and Herzegovina 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  Bosnia  and 
Herzegovina 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  Bosnia  and 
Herzegovina 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  (Bosnia  and  Herzegovina  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  (Bosnia  and  Herzegovina  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 Bosnia and Herzegovina 
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. 

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SECTION I.  

READMISSION OBLIGATIONS BY BOSNIA AND HERZEGOVINA 

Article 2 

Readmission of own nationals  

(1) 

Bosnia  and  Herzegovina  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 Bosnia and Herzegovina. 

(2) 

Bosnia and Herzegovina 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 
Bosnia  and  Herzegovina,  unless  they  have  an  independent  right  of  residence  in  the 
Requesting Member State. 

(3) 

(4) 

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

After  Bosnia  and  Herzegovina  has  given  a  positive  reply  to  the  readmission 
application,  the  competent  Diplomatic  Mission  or  Consular  Office  of  Bosnia  and 
Herzegovina  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 20 days. If, for legal or factual reasons, the person concerned cannot be transferred 
within  the  period  of  validity  of  the  travel  document  that  was  initially  issued,  the 
competent Diplomatic Mission or Consular Office of Bosnia and Herzegovina shall, 
within 14 calendar days, issue a new travel document with a period of validity of the 
same  duration.  If  Bosnia  and  Herzegovina  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. 

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(5) 

(1) 

a) 

b) 

(2) 

a) 

b) 

In  case  the  person  to  be  readmitted  possesses  the  nationality  of  a  third  state  in 
addition  to  Bosnian  and  Herzegovinian  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 

Bosnia  and  Herzegovina  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  

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

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

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 Bosnia and Herzegovina; 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  Bosnia  and 

Herzegovina, which has a longer period of validity; 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) 

Bosnia  and  Herzegovina  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 6 
April 1992, was in the territory of Bosnia and Herzegovina.  

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(4) 

After  Bosnia  and  Herzegovina  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  Bosnia  and  Herzegovina  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 Bosnia and Herzegovina 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 Bosnia and Herzegovina; 

–  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 Bosnia and Herzegovina; 

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  Bosnia 
and Herzegovina, unless such persons have at least been promised naturalisation by 
Bosnia and Herzegovina. 

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. 

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(5) 

In  case  the  person  to  be  readmitted  possesses  the  nationality  of  a  third  state  in 
addition to that of the Requested Member State, Bosnia and Herzegovina 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 Bosnia and Herzegovina 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  Bosnia  and  Herzegovina  provided  that  it  is 
proved, or may be validly assumed on the basis of prima facie evidence furnished, that such 
persons  

a) 

b) 

(2) 

a) 

b) 

(3) 

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  Bosnia  and  Herzegovina  after  having 
stayed on, or transited through, the territory of the Requested Member State.  

The readmission obligation in paragraph 1 shall not apply if  

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

Bosnia and Herzegovina 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; or 

–  the visa or residence permit issued by Bosnia and Herzegovina 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. 

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. 

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(4) 

After  the  Member  State  has  given  a  positive  reply  to  the  readmission  application, 
Bosnia and Herzegovina 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) 

(1) 

a) 

b) 

c) 

(2) 

a) 

b) 

(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 or identity card and, where applicable, a valid 
visa or residence permit of the Requested State. 

Article 7 

Readmission application 

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

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

ication 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; 

tograph 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. 

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Article 8 

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Means of evidence regarding nationality 

(1) 

(2) 

(3) 

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 Bosnia and Herzegovina 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  Bosnia  and  Herzegovina  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 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 

(1) 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  Bosnia 
and Herzegovina without any further investigation being required. 

(2) 

(3) 

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 Bosnia and Herzegovina 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. 

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(4) 

(5) 

(6) 

(1) 

(2) 

(3) 

(4) 

(5) 

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  mutually 
recognised  by  Bosnia  and  Herzegovina  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,  Bosnia  and  Herzegovina  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 Bosnia and Herzegovina shall, 
upon  request,  make  arrangements  to  interview  the  person  to  be  readmitted  without 
undue delay or at the latest within 3 working days from the requesting day, in order to 
establish his or her nationality.  

Article 10 

Time limits  

The application for readmission must be submitted to the competent authority of the 
Requested  State  within  a  maximum  of  one  year  after  the  Requesting  State’s 
competent authority has gained knowledge that a third-country national or a stateless 
person does not, or does no longer, fulfil the conditions in force for entry, presence or 
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 10 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 10 
calendar days, this time limit may, upon duly motivated request, be extended up to 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 

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18 

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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 

(1) 

(2) 

Before returning a person, the competent authorities of Bosnia and Herzegovina 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 Bosnia and Herzegovina 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 Bosnia and Herzegovina 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. 

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

SECTION IV. TRANSIT OPERATIONS 

Article 13 

Principles 

(1) 

(2) 

The Member States and Bosnia and Herzegovina 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. 

Bosnia and Herzegovina 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 Bosnia and Herzegovina 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 Bosnia and Herzegovina or a Member State  

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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) Bosnia  and  Herzegovina  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) 

b) 

c) 

d) 

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

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

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

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

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

(2) 

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

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(3) 

(4) 

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  Bosnia  and 
Herzegovina 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 Bosnia and Herzegovina and, 
where the controller is a competent 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) 

1 

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: 

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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–  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) 

i) 

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

personal data must be kept in a form which permits identification of data subjects for 
no longer than is necessary for the purpose for which the data were collected or for 
which they are further processed. 

both  the  communicating  authority  and  the  receiving  authority  shall  take  every 
reasonable  step  to  ensure  as  appropriate  the  rectification,  erasure  or  blocking  of 
personal  data  where  the  processing  does  not  comply  with  the  provisions  of  this 
article,  in  particular  because  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. 

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  Bosnia  and  Herzegovina 
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; 

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–  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) 

a) 

b) 

c) 

d) 

(2) 

(3) 

(4) 

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 Bosnia and Herzegovina pursuant to Article 19;  

to recommend amendments to this Agreement and its Annexes. 

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

The committee shall be composed by representatives of the Community and Bosnia 
and Herzegovina; 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 

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(1) 

a) 

b) 

c) 

(2) 

(3) 

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

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

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

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

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

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

SECTION VIII. FINAL PROVISIONS 

Article 21 

Territorial application 

(1) 

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

(2) 

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

Article 22 

Entry into force, duration and termination  

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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 Bosnia and Herzegovina 

(…) 

(…) 

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Annex 1 

COMMON LIST OF DOCUMENTS  

THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY 

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

–  passports or travel documents 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 and military identity 

cards); 

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

–  citizenship certificates and other official documents supported by another official document 

which includes a photograph that mention or clearly indicate citizenship. 

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Annex 2 

COMMON LIST OF DOCUMENTS  

THE PRESENTATION OF WHICH IS CONSIDERED As  

PRIMA FACIE EVIDENCE OF NATIONALITY 

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

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

–  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. 

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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); 

–  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  and  other  witnesses  who 

can testify to the person concerned crossing the border; 

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

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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)) 

–  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 

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LIST OF DOCUMENTS  

Annex 5 

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  or  photocopies  thereof  issued  by  Bosnia  and  Herzegovina  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 

in the territory of Bosnia and Herzegovina; 

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

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Annex 6 

Emblem of Bosnia and Herzegovina] 

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

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

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

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

………… 

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

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

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

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

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

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

To 

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

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

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

(Designation of requested authority) 

EN 

31 

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READMISSION APPLICATION 

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

the European Community and Bosnia and Herzegovina 

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: 

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

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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) 

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

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

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33 

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(issuing authority) 

(expiry date) 

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

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

(Identity card No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

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

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

(Driving licence No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

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

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

(Other official document No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

F.OBSERVATIONS 

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

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

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

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

(Signature) (Seal/stamp) 

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1.1.1.1. Annex 7 

[Emblem of Bosnia and Herzegovina] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

TRANSIT APPLICATION 

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

the European Community and Bosnia and Herzegovina 

on the readmission of persons residing without authorisation 

EN 

35 

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A.  PERSONAL DETAILS 

1.  Full name (underline surname): 

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

2.Maiden name: 

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

Photograph 

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.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 

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

3. 

Possible other States of transit 

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

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 

any 
(Article 13 paragraph 3) 

of 

reason 

for 

a 

refusal 

of 

transit  

(cid:137)  yes 

(cid:137)  no 

C.OBSERVATIONS 

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

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

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

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

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

(Signature) (Seal/stamp) 

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Joint Declaration concerning Articles 3 and 5 

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

Joint Declaration concerning Denmark 

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

EN 

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