Agreement between the European Community and the Republic of Montenegro on the readmission of persons residing without authorisation - Joint Declarations
Date: 2007-09-18
Institutions: European Community, Montenegro
Subjects: EU visa policy, Montenegro, agreement (EU), illegal migration, residence permit, return migration

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between the European Community and the Republic of Montenegro on the readmission of persons
residing without authorisation

AGREEMENT

THE HIGH CONTRACTING PARTIES,

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

and

THE REPUBLIC OF MONTENEGRO, hereinafter referred to as ‘Montenegro’,

DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,

DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the
identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in,
or residence on the territories of Montenegro or one of the Member States of the European Union, and to facilitate the tran-
sit of such persons in a spirit of cooperation,

EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Commu-
nity, the Member States of the European Union and Montenegro arising from International Law and, in particular, from the
European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and the Con-
vention 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 Den-
mark annexed to the Treaty on European Union and the Treaty establishing the European Community,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

(a)

‘Contracting Parties’
Community;

shall mean Montenegro and the

(b)

(c)

‘National of Montenegro’ shall mean any person who holds
the nationality of the Republic of Montenegro, in accordance
with its legislation;

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

(d)

‘Member State’ shall mean any Member State of the European
Union, with the exception of the Kingdom of Denmark;

(e)

‘Third-country national’ shall mean any person who holds a
nationality other than that of Montenegro or one of the
Member States;

(f)

‘Stateless person’ shall mean any person who does not hold a
nationality;

(g)

(h)

(i)

(j)

(k)

(l)

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

‘Visa’ shall mean an authorisation issued or a decision taken
by Montenegro or one of the Member States which is required
with a view to entry in, or transit through, its territory. This
shall not include airport transit visa;

‘Requesting State’ shall mean the State (Montenegro or one of
the Member States) submitting a readmission application
pursuant to Article 7 or a transit application pursuant to
Article 14 of this Agreement;

‘Requested State’ shall mean the State (Montenegro or one
of the Member States) to which a readmission application
pursuant to Article 7 or a transit application pursuant to
Article 14 of this Agreement is addressed;

‘Competent Authority’ shall mean any national authority of
Montenegro or one of the Member States entrusted with the
implementation of
in accordance with
this Agreement
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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(m) ‘Readmission’ shall mean the transfer by the Requesting State
and admission by the Requested State of persons (own
nationals of the Requested State, third country nationals or
stateless persons) who have been found illegally entering,
being present in or residing in the Requesting State, in accor-
dance with the provisions of this Agreement.

In case the person to be readmitted possesses the national-
5.
ity of a third State in addition to Montenegrin nationality, the
Requesting Member State shall take into consideration the will of
the person to be readmitted to the State of his/her choice.

SECTION I

Readmission of third-country nationals and stateless
persons

Article 3

READMISSION OBLIGATIONS BY MONTENEGRO

Article 2

Readmission of own nationals

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

2. Montenegro shall also readmit:

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

(a) hold, or at the time of entry held, a valid visa or residence

permit issued by Montenegro; or

(b)

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

— minor unmarried children of the persons mentioned in para-
graph 1, regardless of their place of birth or their nationality,
unless they have an independent right of residence in the
Requesting Member State,

2.
if:

(a)

— spouses, holding another nationality, of the persons men-
tioned in paragraph 1, provided they have the right to enter
and stay or receive the right to enter and stay in the territory
of Montenegro, unless they have an independent right of resi-
dence in the Requesting Member State.

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

4.
After Montenegro has given a positive reply to the readmis-
sion application, the competent Diplomatic Mission or Consular
Office of Montenegro shall immediately and not later than within
three working days, issue the travel document required for the
return of the person to be readmitted, with a validity of at least
three months. If, for legal or factual reasons, the person concerned
cannot be transferred within the period of validity of the travel
document that was initially issued, the competent Diplomatic
Mission or Consular Office of Montenegro shall, within 14 calen-
dar days, issue a new travel document with a period of validity of
the same duration. If Montenegro has not, within 14 calendar
days, issued the new travel document, it shall be deemed to accept
the use of the EU standard travel document for expulsion
purposes (1).

(1) In line with the form set out in EU Council Recommendation of

30 November 1994.

The readmission obligation in paragraph 1 shall not apply

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

(b)

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 per-
mit, issued by Montenegro, which has a longer period of
validity than the one issued by the Requesting Member
State; or

— the visa or residence permit issued by the Requesting
Member State has been obtained by using forged or fal-
sified documents, or by making false statements; or

— that person fails to observe any condition attached to the

visa.

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

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After Montenegro has given a positive reply to the readmis-
4.
sion application, the Requesting Member State issues the person
whose readmission has been accepted the EU standard travel
document for expulsion purposes (1).

Article 5

Readmission of third-country nationals and stateless
persons

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of own nationals

1.
A Member State shall readmit, upon application by Mon-
tenegro and without further formalities other than those provided
for in this Agreement, all third-country nationals or stateless per-
sons who do not, or who no longer, fulfil the conditions in force
for entry to, presence in, or residence on, the territory of Mon-
tenegro provided that it is proved, or may be validly assumed on
the basis of prima facie evidence furnished, that such persons:

(a) hold, or at the time of entry held, a valid visa or residence

permit issued by the Requested Member State; or

1.
A Member State shall readmit, upon application by Mon-
tenegro and without further formalities other than those provided
for in this agreement, all persons who do not, or who no longer,
fulfil the conditions in force for entry to, presence in, or residence
on, the territory of Montenegro provided that it is proved, or may
be validly assumed on the basis of prima facie evidence furnished,
that they are nationals of that Member State.

2.

A Member State shall also readmit:

(b)

2.
if:

(a)

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

— spouses, holding another nationality, of the persons
mentioned in paragraph 1, provided they have the right
to enter and stay or receive the right to enter and stay
in the territory of the Requested Member State, unless
they have an independent right of residence in Mon-
tenegro.

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

The readmission obligation in paragraph 1 shall not apply

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

(b) Montenegro has issued to the third country national or state-
less person a visa or residence permit before or after entering
its territory unless:

— that person is in possession of a visa or residence per-
mit, issued by the Requested Member State, which has a
longer period of validity than the one issued by Mon-
tenegro, or

A Member State shall also readmit persons who have been
3.
deprived of, or who have renounced, the nationality of a Member
State since entering the territory of Montenegro, unless such per-
sons have at least been promised naturalisation by Montenegro.

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

4.
After the Requested Member State has given a positive reply
to the readmission application, the competent Diplomatic Mis-
sion or Consular Office of that Member State shall immediately
and not later than within three working days, issue the travel
document required for the return of the person to be readmitted,
with a validity of at least three months. If, for legal or factual rea-
sons, 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 national-
ity of a third State in addition to that of the Requested Member
State, Montenegro shall take into consideration the will of the per-
son to be readmitted to the State of his/her choice.

(1) In line with the form set out in EU Council Recommendation of

30 November 1994.

— that person fails to observe any condition attached to the

visa.

3.
The readmission obligation in paragraph 1 is for the Mem-
ber 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 obliga-
tion in paragraph 1 is for the Member State that issued the docu-
ment with the most recent expiry date. If no such documents can
be presented, the readmission obligation in paragraph 1 is for the
Member State of last exit.

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

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SECTION III

READMISSION PROCEDURE

Article 6

Principles

Subject to paragraph 2, any transfer of a person to be read-
1.
mitted on the basis of one of the obligations contained in
Articles 2 to 5 shall require the submission of a readmission appli-
cation to the competent authority of the Requested State.

No readmission application shall be needed where the per-
2.
son to be readmitted is in possession of a valid travel document
and, where applicable, a valid visa or residence permit of the
Requested State.

Prima facie evidence of nationality pursuant to Article 2(1)
2.
and Article 4(1) can be particularly furnished through the docu-
ments listed in Annex 2 to this Agreement, even if their period of
validity has expired. If such documents are presented, the Mem-
ber States and Montenegro shall deem the nationality to be estab-
lished, unless they can prove otherwise. Prima facie evidence of
nationality cannot be furnished through false documents.

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

Article 7

Readmission application

Article 9

Means of evidence regarding third-country nationals and
stateless persons

Any readmission application is to contain the following

1.
information:

(a)

(b)

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

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

(c) photograph of the person to be readmitted.

To the extent possible, the readmission application shall

2.
also contain the following information:

(a) a statement indicating that the person to be transferred may
need help or care, provided the person concerned has explic-
itly consented to the statement;

(b) any other protection, security measure or information con-
cerning the health of the person, which may be necessary in
the individual transfer case.

A common form to be used for readmission applications is

3.
attached as Annex 6 to this Agreement.

Article 8

Means of evidence regarding nationality

Proof of nationality pursuant to Article 2(1) and Article 4(1)
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
Montenegro shall mutually recognise the nationality without fur-
ther investigation being required. Proof of nationality cannot be
furnished through false documents.

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 fur-
nished through false documents. Any such proof shall be mutu-
ally recognised by the Member States and Montenegro without
any further investigation being required.

2.
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 Agree-
ment; it cannot be furnished through false documents. Where
such prima facie evidence is presented, the Member States and
Montenegro shall deem the conditions to be established, unless
they can prove otherwise.

3.
The unlawfulness of entry, presence or residence shall be
established by means of the travel documents of the person con-
cerned 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 per-
mit shall likewise provide prima facie evidence of the unlawful
entry, presence or residence.

4.
Proof of the conditions for the readmission of former
nationals of the former Socialist Federal Republic of Yugoslavia
laid down in Article 3(3) shall be particularly furnished through
the means of evidence listed in Annex 5a to this Agreement; it
cannot be furnished through false documents. Any such proof
shall be recognised by Montenegro without any further investiga-
tion being required, provided that the permanent residence on
27 April 1992 can be confirmed by the Montenegrin authorities
at the date of the submission of the readmission application.

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

Transportation may take place by air, sea or land. Return by
2.
air shall not be restricted to the use of the national carriers of
Montenegro or the Member States and may take place by using
scheduled or charter flights. In the event of escorted returns, such
escorts shall not be restricted to authorised persons of the
Requesting State, provided that they are authorised persons from
Montenegro or any Member State.

6.
If none of the documents listed in Annex 5a and Annex 5b
can be presented, the competent diplomatic and consular repre-
sentations of Montenegro shall, upon request, make arrangements
to interview the person to be readmitted without undue delay or
at the latest within three working days from the requesting day,
in order to establish his or her nationality.

Article 10

Time limits

1.
The application for readmission must be submitted to the
competent authority of the Requested State within a maximum of
one year after the Requesting State’s competent authority has
gained knowledge that a third-country national or a stateless per-
son 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
2.
within 12 calendar days in all cases. This time limit begins to run
with the date of receipt of the readmission request. If there was no
reply within this time limit, the transfer shall be deemed to have
been agreed to.

3. Where there are legal or factual obstacles to the application
being replied to within 12 calendar days, this time limit may,
upon duly motivated request, be extended with a maximum of six
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

4.
request.

5.
After agreement has been given or, where appropriate, after
expiry of the time limit laid down in paragraph 2, the person con-
cerned 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
Montenegro and the Member State concerned shall make arrange-
ments in writing in advance regarding the transfer date, the point
of entry, possible escorts and other information relevant to the
transfer.

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 three months
after the transfer of the person concerned, that the requirements
laid down in Articles 2 to 5 of this Agreement are not met.

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

SECTION IV

TRANSIT OPERATIONS

Article 13

Principles

1.
The Member States and Montenegro should restrict the
transit of third-country nationals or stateless persons to cases
where such persons cannot be returned to the State of destina-
tion directly.

2. Montenegro shall allow the transit of third-country nation-
als or stateless persons if a Member State so requests, and a Mem-
ber State shall authorise the transit of third-country nationals or
stateless persons if Montenegro so requests, if the onward jour-
ney in possible other States of transit and the readmission by the
State of destination is assured.

3.

Transit can be refused by Montenegro or a Member State:

(a)

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, mem-
bership of a particular social group or political conviction in
the State of destination or another State of transit; or

(b)

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

(c) on grounds of public health, domestic security, public order

or other national interests of the Requested State.

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4. Montenegro or a Member State may revoke any authorisa-
tion issued if circumstances referred to in paragraph 3 subse-
quently 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
1.
the competent authority of the Requested State in writing and is
to contain the following information:

(a)

(b)

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, sur-
name, 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 point of entry, time of transfer and possible use of
escorts;

(d) a declaration that in the view of the Requesting State the con-
ditions 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 five calendar days and in
writing, inform the Requesting State of the admission, confirm-
ing the point of entry and the envisaged time of admission, or
inform it of the admission refusal and of the reasons for such
refusal.

3.
If the transit operation takes place by air, the person to be
readmitted and possible escorts shall be exempted from having to
obtain an airport transit visa.

4.
The competent authorities of the Requested State shall, sub-
ject 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

in connection with readmission and transit operations pursuant
to this Agreement as far as the border of the State of final desti-
nation 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 Agree-
ment by the competent authorities of Montenegro or a Member
State as the case may be. The processing and treatment of per-
sonal data in a particular case shall be subject to the domestic laws
of Montenegro and, where the controller is a competent author-
ity of a Member State, to the provisions of Directive 95/46/EC (1)
and of the national legislation of that Member State adopted pur-
suant to this Directive. Additionally the following principles shall
apply:

(a) personal data must be processed fairly and lawfully;

(b) 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;

(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;

Without prejudice to the right of the competent authorities to
recover the costs associated with the readmission from the per-
son to be readmitted or third parties, all transport costs incurred

(1) 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, 23.11.1995, p. 31).

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(d) personal data must be accurate and, where necessary, kept up

to date;

Nothing in this Agreement shall prevent the return of a per-

2.
son under other formal or informal arrangements.

(e) personal data must be kept in a form which permits identi-
fication 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;

(f) both the communicating authority and the receiving author-
ity 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, rel-
evant, accurate, or they are excessive in relation to the pur-
pose of processing. This includes the notification of any
rectification, erasure or blocking to the other Party;

(g) upon request, the receiving authority shall inform the com-
municating authority of the use of the communicated data
and of the results obtained therefrom;

(h) personal data may only be communicated to the competent
authorities. Further communication to other bodies requires
the prior consent of the communicating authority;

SECTION VII

IMPLEMENTATION AND APPLICATION

Article 18

Joint readmission committee

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

(a)

to monitor the application of this Agreement;

(b)

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

(c)

to have regular exchanges of information on the implement-
ing Protocols drawn up by individual Member States and
Montenegro pursuant to Article 19;

(i)

the communicating and the receiving authorities are under
an obligation to make a written record of the communica-
tion and receipt of personal data.

(d)

to recommend amendments to this Agreement and its
Annexes.

Article 17

Non-affection clause

1.
This agreement shall be without prejudice to the rights, obli-
gations and responsibilities of the Community, the Member States
and Montenegro arising from International Law and, in particu-
lar, from:

— the Convention of 28 July 1951 on the Status of Refugees as
amended by the Protocol of 31 January 1967 on the Status
of Refugees,

— the international conventions determining the State respon-

sible for examining applications for asylum lodged,

— the European Convention of 4 November 1950 for the Pro-
tection of Human Rights and Fundamental Freedoms,

The decisions of the committee shall be binding on the Con-

2.
tracting Parties.

3.
The committee shall be composed by representatives of the
Community and Montenegro; the Community shall be repre-
sented by the Commission.

The committee shall meet where necessary at the request of

4.
one of the Contracting Parties.

5.

The committee shall establish its rules of procedures.

Article 19

Implementing Protocols

1.
Upon request of a Member State or Montenegro, Montene-
gro and a Member State shall draw up an implementing Protocol
which shall cover rules on:

(a) designation of the competent authorities, border crossing

points and exchange of contact points;

— the Convention of 10 December 1984 against Torture and
Inhuman or Degrading Treatment or

other Cruel,
Punishment,

(b) conditions for escorted returns, including the transit of third-

country nationals and stateless persons under escort;

— international conventions on extradition and transit,

(c) means and documents additional to those listed in the

Annexes 1 to 5 to this agreement.

— multilateral international conventions and agreements on the

readmission of foreign nationals.

2.
The implementing Protocols referred to in paragraph 1 shall
enter into force only after the readmission committee, referred to
in Article 18, has been notified.

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3. Montenegro agrees to apply any provision of an implement-
ing Protocol drawn up with one Member State also in its relations
with any other Member State upon request of the latter, subject
to practical feasibility of its application.

Article 20

Relation to bilateral readmission agreements or
arrangements of Member States

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

SECTION VIII

FINAL PROVISIONS

Article 21

Territorial application

Article 22

Entry into force, duration and termination

This Agreement shall be ratified or approved by the Con-

1.
tracting Parties in accordance with their respective procedures.

2.
This Agreement shall enter into force on the first day of the
second month following the date on which the Contracting Par-
ties notify each other that the procedures referred to in the first
paragraph have been completed.

3.

This Agreement is concluded for an unlimited period.

4.
Each Contracting Party may, by officially notifying the other
Contracting Party and after prior consultation of the committee
referred to in Article 18, completely or partly, temporarily sus-
pend the implementation of this Agreement with regard to third
country nationals and stateless persons, for reasons of security,
protection of public order or public health. The suspension shall
enter into force on the second day following the day of such
notification.

5.
Each Contracting Party may denounce this Agreement by
officially notifying the other Contracting Party. This Agreement
shall cease to apply six months after the date of such notification.

Subject to paragraph 2, this Agreement shall apply to the
1.
territory in which the Treaty establishing the European Commu-
nity is applicable and to the territory of Montenegro.

Article 23

Annexes

This Agreement shall not apply to the territory of the King-

2.
dom of Denmark.

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

Done at Brussels on the eighteenth day of September in the year two thousand and seven in duplicate in each
of the official languages of the Parties, each of these texts being equally authentic.

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunitá Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
Za Evropsku Zajednicu

За Република Черна гора
Por la República de Montenegro
Za Republiku Ċerná Hora
For Republikken Montenegro
Für die Republik Montenegro
Montenegro Vabariigi nimel
Για τη Δημοκρατία του Μαυροβουνίου
For the Republic of Montenegro
Pour la République du Monténégro
Per la Repubblica del Montenegro
Melnkalnes Republikas vārdā
Juodkalnijos Respublikos vardu
A Montenegrói Köztársaság részéről
Għar-Repubblika ta’ Montenegro
Voor de Republiek Montenegro
W imieniu Republiki Czarnogóry
Pela República do Montenegro
Pentru Republica Muntenegru
Za Čiernohorskú republiku
Za Republiko Črno goro
Montenegron tasavallan puolesta
För Republiken Montenegro
Za Republiku Crnu Goru

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ANNEX 1

LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY

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

Where the Requested State is one of the Member States:

— passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate

passports including children’s passports),

— identity cards of any kind (including temporary and provisional ones),

— service books and military identity cards,

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

Where the Requested State is Montenegro:

— travel documents (national passports and collective passports) issued by the Ministry of Interior of the Republic of Mon-
tenegro after 15 June 1997 (‘blue passports’) and travel documents (diplomatic passports and service passports) issued
by the Ministry of Foreign Affairs of the Republic of Montenegro, as well as the travel documents which will be issued
in accordance with the new Law on Travel Documents,

— identity cards issued by the Ministry of Interior of the Republic of Montenegro after 1 May 1994, as well as the identity

cards which will be issued in accordance with the new Law on Identity Cards,

— service books and military identity cards of the Army of Montenegro,

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

ANNEX 2

LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED
AS PRIMA FACIE EVIDENCE OF NATIONALITY

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

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

— photocopies of any of the documents listed in annex 1 to this Agreement,

— driving licenses or photocopies thereof,

— birth certificates or photocopies thereof,

— any other formal document issued by the authorities of the Requested State which may help to establish the nationality

of the person concerned,

— citizenship certificates and other official documents that mention or clearly indicate citizenship.

Where the Requested State is Montenegro:

— passports issued by the Ministry of Interior of the Republic of Montenegro before 15 June 1997 (‘red passports’) and

photocopies thereof,

— identity cards issued by the Ministry of Interior of the Republic of Montenegro before 1 May 1994 and photocopies

thereof.

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ANNEX 3

COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE CONDITIONS FOR THE
READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS

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

— entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of

entry/departure (e.g. photographic),

— named tickets and/or passenger lists of air, train, coach or boat passages which show the presence and the itinerary of

the person concerned on the territory of the requested State,

— official statements made, in particular, by border authority staff and other witnesses who can testify to the person con-

cerned crossing the border,

— official statement by the person concerned in judicial or administrative proceedings which indicates presence or the

itinerary of the concerned person on the territory of the Requested State.

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 per-

son concerned has been intercepted after entering the territory of that State,

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

(e.g. UNHCR),

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

— documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for
public/private institutions, car rental agreements, credit card receipts etc.) which clearly show that the person con-
cerned stayed on the territory of the requested State,

— information showing that the person concerned has used the services of a courier or travel agency.

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ANNEX 5

LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OR AS PRIMA FACIE EVIDENCE OF THE
CONDITIONS FOR THE READMISSION OF FORMER NATIONALS OF THE FORMER SOCIALIST FEDERAL
REPUBLIC OF YUGOSLAVIA

(ARTICLES 3 (3), 9 (4) AND 9 (5))

Annex 5a (Documents considered as Proof):

— birth certificates or photocopies thereof issued by the former Socialist Federal Republic of Yugoslavia,

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

Annex 5b (Documents considered as prima facie evidence):

— Other documents or certificates or photocopies thereof which point to the place of birth and/or place of permanent

residence in the territory of Montenegro,

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

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ANNEX 6

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ANNEX 7

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JOINT DECLARATION CONCERNING ARTICLES 2(4) AND 4(4)

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

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

JOINT DECLARATION CONCERNING ARTICLES 3 AND 5

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

JOINT DECLARATION CONCERNING ARTICLE 3(1)

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

JOINT DECLARATION CONCERNING DENMARK

The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Den-
mark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Montenegro
and Denmark conclude a readmission agreement in the same terms as this Agreement.

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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 coun-
tries with the implementation, application and development of the Schengen acquis. In such circumstances it
is appropriate that Montenegro concludes a readmission agreement with Iceland and Norway in the same terms
as this Agreement.

JOINT DECLARATION CONCERNING SWITZERLAND

The Contracting Parties take note that the European Union, the European Community and Switzerland signed
an agreement on Switzerland’s association with the implementation, application and development of the
Schengen acquis. It is appropriate, once this association agreement enters into force, that Montenegro con-
cludes a readmission agreement with Switzerland in the same terms as this Agreement.