Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation
Date: 2007-09-05
Institutions: European Commission
Subjects: EU visa policy, European Community, Moldova, judicial cooperation, ratification of an agreement, return migration

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.9.2007 
COM(2007) 504 final 

2007/0182 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Republic of Moldova  
on the readmission of persons residing without authorisation 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Republic of Moldova  
on the readmission of persons residing without authorisation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The  legal  basis  for  the  EU-Moldova  relationship  is  the  Partnership  and  Cooperation 
Agreement, which was signed on 28 November 1994 and entered into force on 1 July 1998. 
The  PCA  sets  out  the  structure  for  a  regular  political  dialogue  between  the  parties,  and 
provides  for  EU-Moldova  cooperation  in  the  fight  against  illegal  immigration,  money 
laundering and drugs.  

Following  the  adoption  of  the  EU-Moldova  European  Neighbourhood  Policy  (ENP)  Action 
Plan in February 2005, Moldova is an ENP partner country. The objective of the ENP is to 
avoid  the  emergence  of  new  dividing  lines  between  the  EU  and  its  neighbours  and  to 
strengthen  stability,  security  and  well-being  for  all  concerned.  With  the  EU  membership  of 
Romania, Moldova shares borders with the Union. The ENP Action Plan provides the basis 
for  substantially  intensified  cooperation  between  the  EU  and  Moldova  on  justice  and  home 
affairs.  

The  JHA  Council  of  24  July  2006  invited  the  Commission  to  undertake  consultations  with 
Member States within the relevant Council preparatory bodies on the possibility of initiating 
negotiations on visa facilitation and readmission agreements with the Republic of Moldova. 

On  19  December  2006  the  General  Affairs  and  External  Relations  Council  formally 
authorised the Commission to negotiate readmission and visa facilitation agreements with the 
Republic  of  Moldova.  In  January  2007  the  Commission  transmitted  a  draft  agreement 
between  the  European  Community  and  the  Republic  of  Moldova  to  the  authorities  of  the 
latter.  The  negotiations  were  launched  on  9  February  2007  and  the  first  formal  round  took 
place in Brussels on the same day. The negotiating rounds were held in Brussels in parallel 
("back-to-back")  with  the  negotiations  on  an  EC-  Moldova  visa  facilitation  agreement.  The 
last  formal  round  of  negotiations  took  place  on  17  April  2007  during  which  all  outstanding 
issues  were  agreed.  The  final  text  of  the  agreement  was  initialled  in  Chisinau  on  25  April 
2007.  

Member  States  have  been  informed  at  the  appropriate  Council  Working  Group  about  the 
outcome 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 

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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 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 
6 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 (Articles 3 and 5).  

The  obligation  to  readmit  own  nationals  includes  also  former  own  nationals  who 
have  been  deprived  or  have  renounced  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.  

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

Section III of the Agreement (Articles 6 to 12 in conjunction with Annexes 1 to 5) 
contains the necessary technical provisions regarding the readmission procedure (the 
form  and  content  of  the  readmission  application,  means  of  evidence,  time  limits, 
transfer  modalities  and  modes  of  transportation).  Some  procedural  flexibility  is 
provided by the fact that no readmission will be needed in cases where the person to 
be readmitted is in possession of a valid national passport and, if he or she is a third-
country national, also holds a valid visa or residence authorisation of the State which 
has to readmit him or her (Article 6(2)). In its paragraph 3, Article 6 contains another 
important  procedural  element,  the  so-called  accelerated  procedure,  which  has  been 
agreed  upon  for  persons  apprehended  in  the  “border  region”,  i.e.  within  an  area 

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which extends up to 30 kilometres from the common land border between a Member 
State and the Republic of Moldova or within the territories of International airports 
of  Member  States  or  the  Republic  of  Moldova.  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  11 
working days.  

The  agreement  contains  also  a  section  on  transit  operations  (Articles  13  and  14  in 
conjunction with Annex 6). 

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 
the  Republic  of  Moldova  and  individual  Member  States  to  conclude  bilateral 
implementing  Protocols.  The  relation  between  the  bilateral  implementing  Protocols 
as  well  as  other  existing  bilateral  readmission  agreements  between  the  Republic  of 
Moldova  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 

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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 the Republic of Moldova on the readmission 
of persons residing without authorisation. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and the Republic of Moldova  
on the readmission of persons residing without authorisation 

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) 

By  its  decision  of  19  December  2006,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  the  Republic  of 
Moldova on the readmission of persons residing without authorisation. 

Negotiations  for  the  Agreement  took  place  between  9  February  2007  and  17  April 
2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Chisinau 
on 25 April 2007 should be signed. 

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: 

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 Moldova 
on the readmission of persons residing without authorisation. 

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

For the Council 
The President 

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2007/0182 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and the Republic of Moldova  
on the readmission of persons residing without authorisation 

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 Moldova on the readmission of persons residing 
without authorisation; 

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) 

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 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: 

Article 1 

The Agreement between the European Community and the Republic of Moldova on the 
readmission of persons residing without authorisation is hereby approved on behalf of the 
Community. 

The text of the agreement is attached to this Decision. 

Article 2 

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  22 
paragraph 2 of the Agreement4. 

Article 3 

The  Commission  shall  represent  the  Community  in  the  Joint  Readmission  Committee 
established by Article 18 of the Agreement. 

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 

DRAFT AGREEMENT  

BETWEEN 

THE EUROPEAN COMMUNITY 

AND 

THE REPUBLIC OF MOLDOVA 

ON THE READMISSION OF PERSONS RESIDING  

WITHOUT AUTHORIZATION 

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AGREEMENT 

between the European Community and the Republic of Moldova 

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 MOLDOVA, hereinafter referred to as “Moldova”, 

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 
Moldova 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  Moldova 
arising  from  International  Law,  and,  in  particular,  from  the  European  Convention  of  4 
November  1950  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms,  the 
Convention of  28  July  1951  on  the Status  of  Refugees  and  the  Convention  of  10  December 
1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; 

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) 

“Contracting Parties” shall mean Moldova and the Community; 

“National  of  Moldova”  shall  mean  any  person  who  holds  the  citizenship  of  the 

(b) 
Republic of Moldova; 

“National  of  a  Member  State”  shall  mean  any  person  who  holds  the  nationality,  as 

(c) 
defined for Community purposes, of a Member State; 

“Member  State”  shall  mean  any  Member  State  of  the  European  Union,  with  the 

(d) 
exception of the Kingdom of Denmark; 

“Third-country  national”  shall  mean  any  person  who  holds  a  nationality  other  than 

(e) 
that of Moldova or one of the Member States; 

(f) 

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

(g) 
“Residence permit” shall mean a permit of any type issued by Moldova 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; 

(h) 
„Border  crossing  point”  shall  mean  any  crossing  point  authorised  by  the  competent 
authorities  of  the  Republic  of  Moldova  or  Member  States  for  the  purpose  of  crossing  their 
respective borders, including at International airports; 

(i) 
“Visa” shall mean an authorisation issued or a decision taken by Moldova 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; 

(j) 
“Requesting  State”  shall  mean  the  State  (Moldova  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; 

(k) 
“Requested  State”  shall  mean  the  State  (Moldova  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; 

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

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

(n) 
“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 MOLDOVA 

Article 2 

Readmission of own nationals 

(1)  Moldova  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, in accordance with Article 8, it is proved, or may 
be validly assumed on the basis of prima facie evidence furnished, that they are nationals of 
Moldova. 

(2)  Moldova 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 
Moldova, unless they have an independent right of residence in the Requesting Member State. 

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

(4) 
After Moldova has given a positive reply to the readmission application, the competent 
Diplomatic  Mission  or  Consular  Office  of  Moldova  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  Moldova  shall, 
within  14  calendar  days,  issue  a  new  travel  document  with  a  period  of  validity  of  the  same 
duration. If Moldova has not, within 14 calendar days, issued the new travel document, it shall 
be deemed to accept the use of the EU standard travel document for expulsion purposes5. 

(5) In case the person to be readmitted possesses the nationality of a third state in addition to 
Moldavian 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 

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

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(1)  Moldova  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,  in 
accordance with Article 9, 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 Moldova; 

a) 

or 

illegally  and  directly  entered  the  territory  of  the  Member  States  from  Moldova  after 

b) 
having stayed on, or transited through, the territory of latter.  

(2) 

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 

a) 
International Airport of Moldova; or 

the  Requesting  Member  State  has  issued  to  the  third  country  national  or  stateless 

b) 
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  Moldova,  which 

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has a longer period of validity; or 

the visa or residence permit issued by the Requesting Member State has been obtained 

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by using forged or falsified documents, or by making false statements, or  

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

(3) 
After  Moldova  has  given  a  positive  reply  to  the  readmission  application,  the 
Requesting  Member  State  issues  the  person  whose  readmission  has  been  accepted  the  EU 
standard travel document for expulsion purposes6. 

SECTION II. 

READMISSION OBLIGATIONS BY THE COMMUNITY 

Article 4 

Readmission of own nationals 

(1) 
A  Member  State  shall  readmit,  upon  application  by  Moldova  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 

6 

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

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Moldova provided that, in accordance with Article 8, 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: 

- 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 Moldova; 

- 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 Moldova; 

(3)  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 Moldova, unless 
such persons have at least been promised naturalisation by Moldova. 

(4) 
After  the  Requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application, the competent Diplomatic Mission or Consular Office of that Member State shall 
immediately and not later than within 3 working days, issue the travel document required for 
the return of the person to be readmitted, with a validity of at least 3 months. If, for legal or 
factual reasons, the person concerned cannot be transferred within the period of validity of the 
travel  document  that  was  initially  issued,  the  competent  Diplomatic  Mission  or  Consular 
Office of that Member State shall, within 14 calendar days, issue a new travel document with 
a period of validity of the same duration. 

(5) 
In case the person to be readmitted possesses the nationality of a third state in addition 
to that of the Requested Member State, Moldova 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  Moldova  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 Moldova provided that, in accordance with Article 
9, 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 

a) 
Requested Member State;  

or 

illegally  and  directly  entered  the  territory  of  Moldova  after  having  stayed  on,  or 

b) 
transited through, the territory of the Requested Member State.  

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(2) 

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 

a) 
International Airport of the requested Member State; or 

Moldova has issued to the third country national or stateless person a visa or residence 

b) 
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 Moldova has been obtained by using forged or 

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falsified documents or by making false statements, or  

- 

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

(3) 
The readmission obligation in paragraph 1 is for the Member State that issued a visa or 
residence  permit.  If  two  or  more  Member  States  issued  a  visa  or  residence  permit,  the 
readmission obligation in paragraph 1 is for the Member State that issued the document with a 
longer period of validity or, if one or several of them have already expired, the document that 
is  still  valid.  If  all  of  the  documents  have  already  expired,  the  readmission  obligation  in 
paragraph 1 is for the Member State that issued the document with the most recent expiry date. 
If  no  such  documents  can  be  presented,  the  readmission  obligation  in  paragraph  1 is  for  the 
Member State of last exit. 

(4) 
After  the  Member  State  has  given  a  positive  reply  to  the  readmission  application, 
Moldova issues the person whose readmission has been accepted the travel document required 
for his or her return. 

SECTION III. READMISSION PROCEDURE 

Article 6 

Principles 

(1) 
Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of 
the  obligations  contained  in  Articles  2  to  5  shall  require  the  submission  of  a  readmission 
application to the competent authority of the Requested State. 

(2) 
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,  where  applicable,  a  valid  visa  or  residence  permit  of  the 
Requested State. 

If  a  person  has  been  apprehended  in  the  border  region  (including  airports)  of  the 
(3) 
Requesting  State  after  illegally  crossing  the  border  coming  directly  from  the  territory  of  the 

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Requested  State,  the  Requesting  State  may  submit  a  readmission  application  within  2  days 
following this persons apprehension (accelerated procedure). 

Article 7 

Content of the Readmission application 

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

(1) 
information: 

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

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

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

(2) 
information: 

a statement indicating that the person to be transferred may need help or care, provided 

a) 
the person concerned has explicitly consented to the statement; 

any  other  protection,  security  measure  or  information  concerning  the  health  of  the 

b) 
person, which may be necessary in the individual transfer case. 

A common form to be used for readmission applications is attached as Annex 5 to this 

(3) 
Agreement. 

Article 8 

Means of evidence regarding nationality 

(1) 
Nationality pursuant to Article 2 (1) and Article 4 (1) can be proved by means of 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 Moldova 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 
(2) 
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 
Moldova shall deem the nationality to be established, unless they can prove otherwise. Prima 
facie evidence of nationality cannot be furnished through false documents. 

(3) 
If  none  of  the  documents  listed  in  Annexes  1  or  2  can  be  presented,  the  competent 
Diplomatic Mission or Consular Office of the Requested State concerned shall, upon request, 

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make  arrangements  with  the  competent  authority  of  the  Requesting  State  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  grounds  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 Moldova 
without any further investigation being required. 

(2) 
Prima facie evidence of the grounds 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 Moldova shall deem the grounds to be established, unless they can prove otherwise. 

The unlawfulness of entry, presence or residence shall be established by means of the 
(3) 
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. 

Article 10 

Time limits  

(1) 
The  application  for  readmission  must  be  submitted  to  the  competent  authority  of  the 
Requested  State  within  a  maximum  of  6  months  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 11 working 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 this time limit, the transfer shall be deemed to have been agreed to. 

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(3)  Where there are legal or factual obstacles to the application being replied to within 11 
working days, this time limit may, upon duly motivated request, be extended with a maximum 
of 2 working days. If there was no reply within the extended time limit, the transfer shall be 
deemed to have been agreed to. 

(4) 

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

(5) 
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 

(1) 
Before returning a person, the competent authorities of Moldova and the Member State 
concerned  shall  make  arrangements  in  writing  in  advance  regarding  the  transfer  date,  the 
border crossing point, possible escorts and other information relevant to the transfer.  

(2) 
Transportation may take place by air or land. Return by air shall not be restricted to the 
use  of  the  national  carriers  of  Moldova  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 Moldova 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 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 

The Member States and Moldova should restrict the transit of third-country nationals 
(1) 
or stateless persons to cases where such persons cannot be returned to the State of destination 
directly. 

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(2)  Moldova  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 Moldova 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 Moldova or a Member State  

a) 

b) 

c) 

if  the  third-country  national  or  the  stateless  person  runs  the  real  risk  of  being 
subjected to torture or to inhuman or degrading treatment or punishment or the death 
penalty or of persecution because of his race, religion, nationality, membership of a 
particular  social  group  or  political  conviction  in  the  State  of  destination  or  another 
State of transit; or  

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

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

(4)  Moldova  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  

An application for transit operations must be submitted to the competent authority of 

(1) 
the Requested State in writing and is to contain the following information: 

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

a) 
destination; 

b) 
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); 

c) 

envisaged border crossing point, time of transfer and possible use of escorts;  

a declaration that in the view of the Requesting State the conditions pursuant to Article 

d) 
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 6 to this Agreement. 

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(2) 
The  Requested  State  shall,  within  4  working  days  and  in  writing,  inform  the 
Requesting  State  of  the  admission,  confirming  the  border  crossing  point  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 

(3) 
escorts shall be exempted from having to obtain an airport transit visa.  

(4) 
The competent authorities of the Requested State shall, subject to mutual consultations, 
assist in the transit operations, in particular through the surveillance of the persons in question 
and the provision of suitable amenities for that purpose. 

SECTION V. COSTS 

Article 15 

Transport and transit costs 

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

SECTION VI. DATA PROTECTION AND NON-AFFECTION CLAUSE 

Article 16 

Data Protection 

The communication of personal data shall only take place if such communication is necessary 
for  the  implementation  of  this  Agreement  by  the  competent  authorities  of  Moldova  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 Moldova and, where the controller is a 
competent authority of a Member State, to the provisions of Directive 95/46/EC7 and of the 
national legislation of that Member State adopted pursuant to this Directive. Additionally the 
following principles shall apply: 

a) 

b) 

7 

personal data must be processed fairly and lawfully; 

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

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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c) 

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) 

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

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–  the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 

January 1967 on the Status of Refugees; 

–  the international conventions determining the State responsible for examining applications 

for asylum lodged; 

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

Fundamental Freedoms; 

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

Degrading Treatment or Punishment; 

–  international conventions on extradition and transit; 

–  multilateral  international  conventions  and  agreements  on  the  readmission  of  foreign 

nationals. 

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

(2) 
informal arrangements. 

SECTION VII. IMPLEMENTATION AND APPLICATION 

Article 18 

Joint readmission committee 

(1) 
The  Contracting  Parties  shall  provide  each  other  with  mutual  assistance  in  the 
application  and  interpretation  of  this  Agreement.  To  this  end,  they  shall  set  up  a  joint 
readmission committee (hereinafter referred to as “the committee”) which will, in particular, 
have the task 

a) 

b) 

c) 

d) 

(2) 

(3) 

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 Moldavia 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 
Moldova; the Community shall be represented by the Commission. 

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The  committee  shall  meet  where  necessary  at  the  request  of  one  of  the  Contracting 

(4) 
Parties. 

(5) 

The committee shall establish its rules of procedures. 

Article 19 

Implementing Protocols 

Upon request of a Member State or Moldova, Moldova and a Member State shall draw 

(1) 
up an implementing Protocol which shall cover rules on 

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

a) 
contact points; 

b) 

the modalities for returns under the accelerated procedure; 

conditions  for  escorted  returns,  including  the  transit  of  third-country  nationals  and 

c) 
stateless persons under escort; 

means  and  documents  additional  to  those  listed  in  the  Annexes  1  to  4  to  this 

d) 
agreement. 

The implementing Protocols referred to in paragraph 1 shall enter into force only after 

(2) 
the readmission committee, referred to in Article 18, has been notified. 

(3)  Moldova  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 
Moldova,  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 of Moldova and to 
the territory in which the Treaty establishing the European Community is applicable. 

(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) 

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  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 6 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,  Moldovan,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian, 
Spanish and Swedish languages, each of these texts being equally authentic.  

For the European Community 

For the Republic of Moldova 

(…) 

(…) 

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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  of  any  kind  (national  passports,  diplomatic  passports,  service  passports  and, 
where  applicable,  collective  passports  and  surrogate  passports  including  children’s 
passports); 

–  identity cards of any kind; 

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

–  citizenship  certificates  and  other  official  documents  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; 

–  military service books and military identity cards; 

–  official statements  made for the  purpose of the accelerated procedure by border authority 

staff or witnesses who can testify that the person concerned has crossed the border; 

–  driving licenses or photocopies thereof; 

–  birth certificates or photocopies thereof; 

–  company identity cards or photocopies thereof; 

–  written statements by witnesses; 

–  written  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 GROUNDS FOR THE  

READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS 

(ARTICLES 3 (1), 5 (1) AND 9 (1)) 

–  visa or residence permit issued by the Requested State; 

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

concerned or other evidence of entry/departure (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;  

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

crossing the border; 

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Annex 4 

COMMON LIST OF DOCUMENTS  

WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE GROUNDS 

FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS 

(ARTICLES 3 (1), 5 (1) AND 9 (2)) 

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

travel agency;  

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

family members or travelling companions; 

–  official statements made by witnesses who can testify to the person concerned crossing 

the border; 

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

International organisation (e.g. UNHCR); 

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Annex 5 

[Emblem of Republic of Moldova] 

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

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

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

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

………… 

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

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

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

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

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

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

(cid:0)ACCELERATED PROCEDURE

To 

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

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

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

(Designation of requested authority) 

READMISSION APPLICATION 

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

the European Community and the Republic of Moldova 

on the readmission of persons residing without authorisation 

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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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(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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Annex 6 

[Emblem of Republic of Moldova] 

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

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

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

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

………… 

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

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

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

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

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

TRANSIT APPLICATION 

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

the European Community and the Republic of Moldova 

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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.IF NECESSARY, 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): 

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............................................................................................................................................………………………] 

C. TRANSIT OPERATION 

1. 

Type of transit 

(cid:137)  by air 

(cid:137)  by land 

2. 

State of final destination 

………………………………………………………………………………………

………………. 

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 

D.OBSERVATIONS 

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

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

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

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

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

(Signature) (Seal/stamp) 

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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 Moldova and Denmark conclude a readmission agreement 
in the same terms as this Agreement.”  

Joint Declaration concerning Iceland  

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

Joint Declaration concerning Norway  

“The  Contracting  Parties  take  note  of  the  close  relationship  between  the  European 
Community and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning 
the association of  this country with the implementation, application and development of the 
Schengen acquis. In such circumstances it is appropriate that the Republic of Moldova brings 
into conformity the readmission agreement with Norway signed on 31 March 2005 with the 
terms of the present Agreement. 

Joint Declaration concerning Switzerland  

The  Contracting  Parties  take  note  that  the  European  Union,  the  European  Community  and 
Switzerland  signed  an  agreement  on  Switzerland's  association  with  the  implementation, 
application and development of the Schengen acquis. It is appropriate, once this association 
agreement  enters  into  force,  that  the  Republic  of  Moldova  brings  into  conformity  the 
readmission  agreement  with  Switzerland  signed  on  6  November  2003  with  the  terms  of  the 
present Agreement. 

Joint Declaration concerning Articles 3(1) and 5(1) 

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

Joint Declaration on Technical and Financial Support 

Both  Parties  agree  to  implement  this  Agreement  based  on  the  principles  of  joint 
responsibility,  solidarity  and  an  equal  partnership  to  manage  the  migratory  flows  between 
Moldova and the EU. 

In this context, the EC is committed to make available financial resources in order to support 
Moldova  in  the  implementation  of  this  Agreement.  In  doing  so,  special  attention  will  be 
devoted  to  capacity  building.  Such  support  is  to  be  provided  in  the  context  of  the  overall 
priorities  for  assistance  in  favour  of  Moldova,  as  part  of  the  overall  funding  available  for 

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Moldova  and  in  full  respect  of  the  relevant  implementation  rules  and  procedures  of  EC 
external assistance. 

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