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

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between the European Community and the Republic of Serbia 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 SERBIA, hereinafter referred to as ‘Serbia’,

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 Serbia or one of the Member States of the European Union, and to facilitate 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 Serbia arising from International Law and, in particular, from the Euro-
pean 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 Serbia and the Community;

(b)

‘National of Serbia’ shall mean any person who holds the
nationality of the Republic of Serbia in accordance with its
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 Serbia 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
Serbia or one of the Member States entitling a person to
reside on its territory. This shall not include temporary per-
missions to remain on its territory in connection with the
processing of an asylum application or an application for a
residence permit;

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

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

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

‘Competent Authority’ shall mean any national authority of
Serbia or one of the Member States entrusted with the imple-
mentation of this Agreement in accordance with Article 19(1)
lit. (a) thereof;

‘Border region’ shall mean an area which extends up
to 30 kilometres from the common land border between a
Member State and Serbia, as well as the territories of Inter-
national airports of the Member States and Serbia;

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

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

SECTION I

READMISSION OBLIGATIONS BY SERBIA

Article 2

Readmission of own nationals

1.
Serbia shall readmit, upon application by a Member State
and without further formalities other than those provided for in
this agreement, any person who does not, or who no longer, ful-
fils the conditions in force for entry to, presence in, or residence
on, the territory of the Requesting Member State provided that it
is proved, or may be validly assumed on the basis of prima facie
evidence furnished, that such a person is a national of Serbia.

2.

Serbia shall also readmit:

Article 3

Readmission of third-country nationals and stateless
persons

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

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

permit issued by Serbia; or

(b)

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

— 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:

The readmission obligation in paragraph 1 shall not apply

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

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

After Serbia has given a positive reply to the readmission
4.
application, the competent Diplomatic Mission or Consular Office
of Serbia shall immediately and not later than within three work-
ing 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 Serbia shall, within 14 calendar days, issue a
new travel document with a period of validity of the same dura-
tion. If Serbia has not, within 14 calendar days, issued the new
travel document, it shall be deemed to accept the use of the EU
standard travel document for expulsion purposes (1).

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

30 November 1994.

(a)

the third country national or stateless person has only been
in airside transit via an International Airport of Serbia; 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 Serbia, which expires later, 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, and the
person concerned has stayed on, or transited through,
the territory of Serbia, or

— that person fails to observe any condition attached to the
visa and that person has stayed on, or transited through,
the territory of Serbia.

3.
Serbia shall also readmit, upon application by a Member
State, former nationals of the Socialist Federal Republic of Yugo-
slavia who have acquired no other nationality and whose place of
birth and place of permanent residence on 27 April 1992, was in
the territory of Serbia.

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After Serbia has given a positive reply to the readmission
4.
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

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

(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 Serbia
and without further formalities other than those provided for in
this agreement, any person who does not, or who no longer, ful-
fils the conditions in force for entry to, presence in, or residence
on, the territory of Serbia provided that it is proved, or may be
validly assumed on the basis of prima facie evidence furnished, that
such a person is a national of that Member State.

2.

A Member State shall also readmit:

(b)

2.
if:

(a)

illegally and directly entered the territory of Serbia after hav-
ing 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

— 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 Serbia,

(b) Serbia has issued to the third country national or stateless
person a visa or residence permit before or after entering its
territory unless:

— 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 Serbia.

3.
A Member State shall also readmit persons who have
renounced the nationality of a Member State since entering the
territory of Serbia, unless such persons have at least been prom-
ised naturalisation by Serbia.

After the Requested Member State has given a positive reply
4.
to the readmission application, the competent Diplomatic Mis-
sion or Consular Office of that Member State shall immediately
and not later than within 3 working days, issue the travel docu-
ment 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 com-
petent 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 the nationality of the Requested
Member State, Serbia shall take into consideration the will of the
person to be readmitted to the state of his/her choice.

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

30 November 1994.

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

mit,
expires later, or

— the visa or residence permit issued by Serbia has been
obtained by using forged or falsified documents, or by
making false statement, and the person concerned has
stayed on, or transited through, the territory of the
Requested Member State, or

— that person fails to observe any condition attached to the
visa and the person concerned has stayed on, or tran-
sited through, the territory of the Requested Member
State.

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, Serbia issues the person whose readmis-
sion has been accepted the travel document required for his or her
return.

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SECTION III

READMISSION PROCEDURE

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.

2.
No readmission application shall be needed where the per-
son to be readmitted is in possession of a valid travel document
and in case such a person is a third country national or stateless
person, also holds a valid visa or residence permit of the Requested
State.

If a person has been apprehended in the border region
3.
(including airports) of the Requesting State after illegally crossing
the border coming directly from the territory of the Requested
State, the Requesting State may submit a readmission application
within two working days following this person’s apprehension
(accelerated procedure).

Article 7

Readmission application

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

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
Serbia shall mutually recognise the nationality without further
investigation being required. Proof of nationality cannot be fur-
nished through false documents.

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 Serbia shall deem the nationality to be established,
unless they can prove otherwise. Prima facie evidence of national-
ity 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.

To the extent possible, the readmission application is to

1.
contain the following information:

Means of evidence regarding third-country nationals and
stateless persons

Article 9

(a)

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

(b) documents on the basis of which the nationality shall be
proven and the indication of the means with which prima
facie evidence of nationality, transit, the conditions for the
readmission of third-country nationals and stateless persons
and unlawful entry and residence will be provided;

(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.

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 Serbia 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 Ser-
bia 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.

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Proof of the conditions for the readmission of former
4.
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 recog-
nised by Serbia without any further investigation being required.

After agreement has been given or, where appropriate, after
5.
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.

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

6.
If none of the documents listed in Annex 5a and Annex 5b
can be presented, the competent diplomatic and consular repre-
sentations of Serbia shall, upon request, make arrangements to
interview the person to be readmitted without undue delay or at
the latest within 3 working days from the requesting day, in order
to establish his or her nationality.

Article 11

Transfer modalities and modes of transportation

1.
Before returning a person, the competent authorities of Ser-
bia 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.

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

Article 10

Time limits

Article 12

Readmission in error

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.

2.

A readmission application must be replied to in writing:

— within two working days if the application has been made

under the accelerated procedure (Article 6(3)),

— within 10 calendar days in all other cases.

These time limits begin to run with the date of receipt of the read-
mission request. If there was no reply within these time limits, the
transfer shall be deemed to have been approved.

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 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.

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

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

2.
Serbia shall allow the transit of third-country nationals or
stateless persons if a Member State so requests, and a Member
State shall authorise the transit of third-country nationals or state-
less persons if Serbia so requests, if the onward journey in pos-
sible other States of transit and the readmission by the State of
destination is assured.

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3.

Transit can be refused by Serbia 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

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.

(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

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.

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

or other national interests of the Requested State.

4.
Serbia or a Member State may revoke any authorisation
issued if circumstances referred to in paragraph 3 subsequently
arise or come to light which stand in the way of the transit opera-
tion, 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.

SECTION V

COSTS

Article 15

Transport and transit costs

Article 14

Transit procedure

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.

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:

SECTION VI

(a)

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

DATA PROTECTION AND NON-AFFECTION CLAUSE

(b)

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.

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 Serbia or a Member State
as the case may be. The processing and treatment of personal data
in a particular case shall be subject to the domestic laws of Serbia
and, where the controller is a competent 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;

(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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(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),

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 Serbia arising from International Law and, in particular, from:

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

— the international conventions determining the State 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 Convention of 10 December 1984 against Torture and
Inhuman or Degrading Treatment or

other Cruel,
Punishment,

— stop-overs and itineraries,

— international conventions on extradition,

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

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

to date;

(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;

— multilateral international conventions and agreements on the

readmission of foreign nationals.

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

2.
son under other formal or 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 com-
mittee (hereinafter referred to as the committee) which will, in
particular, have the task:

(a)

to monitor the application of this Agreement;

(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;

(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 Ser-
bia pursuant to Article 19;

(d)

to recommend amendments to this Agreement and its
Annexes.

(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.

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

2.
tracting Parties.

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The committee shall be composed by representatives of the
3.
Community and Serbia; 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

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

(a) designation of the competent authorities, border crossing

points and exchange of contact points;

(b)

the modalities for returns under the accelerated procedure;

(c)

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

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

Annexes 1 to 5 to this Agreement.

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

3.
Serbia agrees to apply any provision of an implementing
Protocol drawn up with one Member State also in its relations
with any other Member State upon request of the latter.

Article 20

Relation to bilateral readmission agreements or
arrangements of Member States

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

SECTION VIII

FINAL PROVISIONS

Article 21

Territorial application

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 Serbia (1).

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

2.
dom of Denmark.

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.

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.

Article 23

Annexes

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

(1) The scope of territorial applicability concerning Serbia will be defined
in the negotiations without prejudice to the UN Security Council Reso-
lution 1244 of 10 June 1999.

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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
За Европску зајелницу

За Република Сърбия
Por la República de Serbia
Za Republiku Srbsko
For Republikken Serbien
Für die Republik Serbien
Serbia Vabariigi nimel
Για τη Δημοκρατία της Σερβίας
For the Republic of Serbia
Pour la République de Serbie
Per la Repubblica di Serbia
Serbijas Republikas vārdā
Serbijos Respublikos vardu
A Szerb Köztársaság részéről
Għar-Repubblika tas-Serbja
Voor de Republiek Servië
W imieniu Republiki Serbii
Pela República da Sérvia
Pentru Republica Serbia
Za Srbskú republiku
Za Republiko Srbijo
Serbian tasavallan puolesta
För Republiken Serbien
За Република Србиjу

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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 including chil-

dren’s passports),

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

Where the Requested State is Serbia:

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

— identity cards issued after 1 January 2000.

ANNEX 2

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

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

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

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

— service books and military identity cards,

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

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

— driving licenses or photocopies thereof,

— birth certificates or photocopies thereof,

— company identity cards or photocopies thereof,

— statements by witnesses,

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

result,

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

Where the Requested State is Serbia:

— passports of any kind (national passports, diplomatic passports, service passports, collective passports including chil-

dren’s passports) issued between 27 April 1992 and 27 July 1996 and photocopies thereof,

— identity cards of any kind issued between 27 April 1992 and 1 January 2000 and photocopies thereof.

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ANNEX 3

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

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

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

entry/departure (e.g. photographic),

— named documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards
for public/private institutions, car rental agreements, credit card receipts etc.) which clearly show that the person 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 who can testify to the person concerned crossing the

border.

ANNEX 4

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

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

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

— witnesses who can testify to the person concerned crossing the border,

— description issued by the relevant authorities of the Requesting State, of place and circumstances under which the 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, including identity cards, or photocopies thereof issued by Serbia, the former Federal Republic of
Yugoslavia, the former State Union of Serbia and Montenegro or the former Socialist Federal Republic of Yugoslavia
stating place of birth and/or place of permanent residence as required by Article 3(3).

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

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

residence in the territory of Serbia,

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

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ANNEX 6

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ANNEX 7

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JOINT DECLARATION CONCERNING REINTEGRATION

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

JOINT DECLARATION CONCERNING ARTICLES 2(3) AND 4(3)

The Contracting Parties take note that, according to the nationality laws of the Republic of Serbia and the Mem-
ber States, it is not possible for a citizen of the Republic of Serbia or the European Union to be deprived of his
or her nationality.

The Parties agree to consult each other in due time, should this legal situation change.

JOINT DECLARATION CONCERNING ARTICLES 3 AND 5

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

DECLARATION BY THE REPUBLIC OF SERBIA CONCERNING CITIZENSHIP

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

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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 Den-
mark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that the Republic
of Serbia and Denmark conclude a readmission agreement in the same terms as this Agreement.

JOINT DECLARATION CONCERNING ICELAND AND NORWAY

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

JOINT DECLARATION CONCERNING SWITZERLAND

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