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

L 334/66

EN

Official Journal of the European Union

19.12.2007

between the European Community and Bosnia and Herzegovina on the readmission of persons
residing without authorisation

AGREEMENT

THE HIGH CONTRAGRING PARTIES,

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

and

BOSNIA AND HERZEGOVINA,

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 Bosnia and Herzegovina or one of the Member States of the European Union, and to facili-
tate the transit 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 Bosnia and Herzegovina arising from International Law and, in par-
ticular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms
and the Convention of 28 July 1951 on the Status of Refugees,

CONSIDERING that the provisions of this Agreement, which falls within the scope of Title IV of the Treaty establishing the
European Community, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of 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’ shall mean Bosnia and Herzegovina and
the Community;

(b)

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

(c)

‘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 Bosnia and Herzegovina 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
Bosnia and Herzegovina or one of the Member States enti-
tling a person to reside on its territory. This shall not include
temporary permissions to remain on its territory in connec-
tion with the processing of an asylum application or an
application for a residence permit;

(h)

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

(i)

(j)

(k)

(l)

‘Requesting State’ shall mean the State (Bosnia and Herze-
govina or one of the Member States) submitting a readmis-
sion application pursuant to Article 7 or a transit application
pursuant to Article 14 of this Agreement;

‘Requested State’ shall mean the State (Bosnia and Herze-
govina or one of the Member States) to which a readmission
application pursuant to Article 7 or a transit application pur-
suant to Article 14 of this Agreement is addressed;

‘Competent Authority’ shall mean any national authority of
Bosnia and Herzegovina or one of the Member States
entrusted with the implementation of this Agreement in
accordance with Article 19(1) lit. a) thereof;

‘Transit’ shall mean the passage of a third country national or
a stateless person through the territory of the Requested State
while travelling from the Requesting State to the country of
destination.

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SECTION I

Article 3

READMISSION OBLIGATIONS BY BOSNIA AND
HERZEGOVINA

Readmission of third-country nationals and stateless
persons

Article 2

Readmission of own nationals

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

2.

Bosnia and Herzegovina shall also readmit:

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

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

permit issued by Bosnia and Herzegovina; or

(b)

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

— 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)

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 Bosnia and
Herzegovina; or

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

3.
Bosnia and Herzegovina shall also readmit persons who
have been deprived of, or who have renounced, the nationality of
Bosnia and Herzegovina since entering the territory of a Member
State, unless such persons have at least been promised naturali-
sation by that Member State.

4.
After Bosnia and Herzegovina has given a positive reply to
the readmission application, the competent Diplomatic Mission
or Consular Office of Bosnia and Herzegovina shall immediately
and not later than within three working days, issue the travel
document required for the return of the person to be readmitted,
with a validity of 20 days. If, for legal or factual reasons, the per-
son concerned cannot be transferred within the period of validity
of the travel document that was initially issued, the competent
Diplomatic Mission or Consular Office of Bosnia and Herzegovina
shall, within 14 calendar days, issue a new travel document with
a period of validity of the same duration. If Bosnia and Herze-
govina has not, within 14 calendar days, issued the new travel
document, it shall be deemed to accept the use of the EU stan-
dard travel document for expulsion purposes (1).

5.
In case the person to be readmitted possesses the national-
ity of a third state in addition to Bosnian and Herzegovinian
nationality, the Requesting Member State shall take into consid-
eration the will of the person to be readmitted to the state of
his/her choice.

(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 Bosnia and Herzegovina, which has a
longer period of validity, or

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

— that person fails to observe any condition attached to the

visa.

3.
Bosnia and Herzegovina shall also readmit, upon applica-
tion by a Member State, former nationals of the Socialist Federal
Republic of Yugoslavia who have acquired no other nationality
and whose place of birth, and place of permanent residence on
6 April 1992, was in the territory of Bosnia and Herzegovina.

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

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

30 November 1994.

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SECTION II.

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of own nationals

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

2.

A Member State shall also readmit:

— 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 Bosnia
and Herzegovina,

— 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 the Requested Member State, unless they have an indepen-
dent right of residence in Bosnia and Herzegovina.

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

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, Bosnia and Herzegovina shall take into consideration the
will of the person to be readmitted to the State of his/her choice.

Article 5

Readmission of third-country nationals and stateless
persons

stateless persons who do not, or who no longer, fulfil the condi-
tions in force for entry to, presence in, or residence on, the terri-
tory of Bosnia and Herzegovina provided that it is proved, or may
be validly assumed on the basis of prima facie evidence furnished,
that such persons:

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

permit issued by the Requested Member State; or

(b)

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

2.
if:

(a)

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) Bosnia and Herzegovina has issued to the third country
national or stateless person a visa or residence permit before
or after entering its territory unless:

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

— the visa or residence permit issued by Bosnia and Herze-
govina has been obtained by using forged or falsified
documents, or by making false statements, or

— that person fails to observe any condition attached to the

visa.

3.
The readmission obligation in paragraph 1 is for the 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.

1.
A Member State shall readmit, upon application by Bosnia
and Herzegovina and without further formalities other than those
provided for in this Agreement, all third-country nationals or

4.
After the Member State has given a positive reply to the
readmission application, Bosnia and Herzegovina issues the per-
son whose readmission has been accepted the travel document
required for his or her return.

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SECTION III

READMISSION PROCEDURE

Bosnia and Herzegovina shall mutually recognise the nationality
without further investigation being required. Proof of nationality
cannot be furnished through false documents.

Article 6

Principles

1.
Subject to paragraph 2, any transfer of a person to be read-
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
or identity card and, where applicable, a valid visa or residence
permit of the Requested State.

Article 7

Readmission application

To the extent possible, the readmission application is to

1.
contain the following information:

(a) 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 appropri-
ate, the particulars of minor unmarried children and/or
spouses;

(b)

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.

2.
Prima facie evidence of nationality pursuant to Article 2(1)
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 Bosnia and Herzegovina shall deem the nationality
to be established, unless they can prove otherwise. Prima facie evi-
dence 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 three working days from the
requesting day, in order to establish his or her nationality.

Article 9

Means of evidence regarding third-country nationals and
stateless persons

1.
Proof of the conditions for the readmission of third-country
nationals and stateless persons laid down in Article 3(1) and
Article 5(1) shall be particularly furnished through the means of
evidence listed in Annex 3 to this Agreement; it cannot be fur-
nished through false documents. Any such proof shall be mutu-
ally recognised by the Member States and Bosnia and Herzegovina
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 Bos-
nia and Herzegovina 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.

Article 8

Means of evidence regarding nationality

1.
Proof of nationality pursuant to Article 2(1) and Article 4(1)
can be particularly furnished through the documents listed in
Annex 1 to this Agreement, even if their period of validity has
expired. If such documents are presented, the Member States and

4.
Proof of the conditions for the readmission of former
nationals of the Socialist Federal Republic of Yugoslavia laid down
in Article 3(3) shall be particularly furnished through the means
of evidence listed in Annex 5a to this Agreement; it cannot be fur-
nished through false documents. Any such proof shall be mutu-
ally recognised by Bosnia and Herzegovina without any further
investigation being required.

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

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 Bos-
nia and Herzegovina or the Member States and may take place by
using scheduled or charter flights. In the event of escorted returns,
such escorts shall not be restricted to authorised persons of the
Requesting State, provided that they are authorised persons from
Bosnia and Herzegovina or any Member State.

6.
If none of the documents listed in Annex 5a and Annex 5b
can be presented, the competent diplomatic and consular repre-
sentations of Bosnia and Herzegovina 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 10 calendar days in all cases. This time limit begins to run
with the date of receipt of the readmission request. If there was no
reply within this time limit, the transfer shall be deemed to have
been agreed to.

3. Where there are legal or factual obstacles to the application
being replied to within 10 calendar days, this time limit may,
upon duly motivated request, be extended up to a maximum of
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 Bos-
nia and Herzegovina and the Member State concerned shall make
arrangements in writing in advance regarding the transfer date,
the point of entry, possible escorts and other information relevant
to the transfer.

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 the Requested State shall also commu-
nicate all available information relating to the actual identity and
nationality of the person to be taken back.

SECTION IV

TRANSIT OPERATIONS

Article 13

Principles

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

2.
Bosnia and Herzegovina shall allow the transit of third-
country nationals or stateless persons if a Member State so
requests, and a Member State shall authorise the transit of third-
country nationals or stateless persons if Bosnia and Herzegovina
so requests, if the onward journey in possible other States of tran-
sit and the readmission by the State of destination is assured.

Transit can be refused by Bosnia and Herzegovina or a

3.
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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Bosnia and Herzegovina or a Member State may revoke any
4.
authorisation issued if circumstances referred to in paragraph 3
subsequently arise or come to light which stand in the way of the
transit operation, or if the onward journey in possible States of
transit or the readmission by the State of destination is no longer
assured. In this case, the Requesting State shall take back the third-
country national or the stateless person, as necessary and without
delay.

Article 14

Transit procedure

1.
An application for transit operations must be submitted to
the competent authority of the Requested State in writing and is
to contain the following information:

(a)

(b)

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
language, type and number of travel
birth, nationality,
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.

The Requested State shall, within five calendar days and in
2.
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

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 Bosnia and Herzegovina or
a Member State as the case may be. The processing and treatment
of personal data in a particular case shall be subject to the domes-
tic laws of Bosnia and Herzegovina and, where the controller is a
competent authority of a Member State, to the provisions of
Directive 95/46/EC (1) and of the national
legislation of that
Member State adopted pursuant 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,

Transport and transit costs

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
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.

— other information needed to identify the person to be
transferred or to examine the readmission requirements
pursuant to this Agreement.

(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;

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 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;

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

(c)

to have regular exchanges of information on the implement-
ing Protocols drawn up by individual Member States and
Bosnia and Herzegovina 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.

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 Bosnia and Herzegovina arising from International Law and,
in particular, from:

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

(d)

to recommend amendments to this Agreement and its
Annexes.

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 Bosnia and Herzegovina; the Community shall
be represented 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

— the international conventions determining the State respon-

sible for examining applications for asylum lodged,

1.
Upon request of a Member State or Bosnia and Herzegovina,
Bosnia and Herzegovina and a Member State shall draw up an
implementing Protocol which shall cover rules on:

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

(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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Bosnia and Herzegovina agrees to apply any provision of an
3.
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 read-
mission of persons residing without authorisation which have
been, or may under Article 19, be concluded between individual
Member States and Bosnia and Herzegovina, in so far as the pro-
visions of
this
Agreement.

the latter are incompatible with those of

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.

Each Contracting Party may, by officially notifying the other
4.
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.

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

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

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 Европску зајелницу
Za Europsku zajednicu

За Босна и Херцеговина
Por Bosnia y Herzegovina
Za Bosnu a Hercegovinu
For Bosnien-Hercegovina
Für Bosnien und Herzegowina
Bosnia ja Hertsegoviina nimel
Γiα τη Βοσνία-Ερζεγοβίνη
For Bosnia and Herzegovina
Pour la Bosnie-et-Herzégovine
Per la Bosnia-Erzegovina
Bosnijos ir Hercegovinos vardu
Bosnijas un Hercegovinas vārdā
Bosznia és Hercegovina részéről
Għall-Bożnja u Ħerzegovina
Voor Bosnië en Herzegovina
W imieniu Bośni i Hercegowiny
Pela Bósnia e Herzegovina
Pentru Bosnia s,i Herțegovina
Za Bosnu a Hercegovinu
Za Bosno in Hercegovino
Bosnia ja Hertsegovinan puolesta
För Bosnien och Hercegovina
Za Bosnu i Hercegovinu
За Босну и Херцеговину
Za Bosnu i Hercegovinu

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ANNEX 1

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

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

— Passports or travel documents of any kind (national passports, diplomatic passports, service passports, collective pass-

ports and surrogate passports including children’s passports),

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

— seamen’s registration books and skippers’ service cards,

— citizenship certificates and other official documents supported by another official document which includes a photo-

graph that mention or clearly indicate citizenship.

ANNEX 2

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

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

— Photocopies of any of the documents listed in Annex 1 to this Agreement,

— driving licences or photocopies thereof,

— birth certificates or photocopies thereof,

— company identity cards or photocopies thereof,

— statements by witnesses,

— statements made by the person concerned and language spoken by him or her, including by means of an official test

result,

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

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ANNEX 3

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

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

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

entry/departure (e.g. photographic),

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

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

the person concerned on the territory of the requested State,

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

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

cerned crossing the border,

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

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.,

— statement by the person concerned.

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ANNEX 5

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

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

Annex 5a (Documents considered as proof):

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

— public documents or photocopies thereof issued by Bosnia and Herzegovina or the former Socialist Federal Republic of

Yugoslavia stating place of birth and/or place of permanent residence as required by Article 3(3).

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

— other documents or certificates or photocopies thereof which point to the place of birth in the territory of Bosnia and

Herzegovina,

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

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ANNEX 6

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ANNEX 7

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JOINT DECLARATION CONCERNING ARTICLES 3 AND 5

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

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 Bosnia and
Herzegovina and Denmark conclude a readmission agreement in the same terms as this Agreement.

JOINT DECLARATION CONCERNING ICELAND AND NORWAY

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

JOINT DECLARATION CONCERNING SWITZERLAND

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