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

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between the European Community and the former Yugoslav Republic of Macedonia on the
readmission of persons residing without authorisation

AGREEMENT

THE HIGH CONTRACTING PARTIES,

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

and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

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 the former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Macedonia arising from International
Law and, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fun-
damental 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,

TAKING ACCOUNT of Article 76.2 of the Stabilisation and Association Agreement (1), which imposes an obligation on the
Parties to conclude a readmission agreement upon request,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

(d)

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

For the purpose of this Agreement:

(e)

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

(a)

‘Contracting Parties’ shall mean the former Yugoslav Repub-
lic of Macedonia and the Community;

(f)

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

(b)

‘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 person) who have been found illegally entering,
being present in or residing in the Requesting State, in accor-
dance with the provisions of this Agreement;

(c)

‘National of the former Yugoslav Republic of Macedonia’
shall mean any person who holds the nationality of the
former Yugoslav Republic of Macedonia in accordance with
its national legislation;

(1) O J L 84, of 20.3.2004.

(g)

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

(h)

(i)

‘Residence permit’ shall mean a permit of any type issued by
the former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Macedonia 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;

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(j)

(k)

(l)

‘Requesting State’ shall mean the State (the former Yugoslav
Republic of Macedonia or one of the Member States) submit-
ting a readmission application pursuant to Article 7 or a tran-
sit application pursuant to Article 14 of this Agreement;

‘Requested State’ shall mean the State (the former Yugoslav
Republic of Macedonia 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
the former Yugoslav Republic of Macedonia or one of the
Member States entrusted with the implementation of this
Agreement in accordance with Article 19 (1) lit. a) thereof;

(m) ‘Border region’ shall mean an area which extends up
to 30 kilometres from the common land border between a
Member State and the former Yugoslav Republic of Mace-
donia, as well as the territories of International airports of the
Member States and the former Yugoslav Republic of
Macedonia;

(n)

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

SECTION I

READMISSION OBLIGATIONS BY THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA

have an independent right of residence in the Requesting
Member State.

The former Yugoslav Republic of Macedonia shall also read-
3.
mit persons who have renounced the nationality of the former
Yugoslav Republic of Macedonia since entering the territory of a
Member State, unless such persons have at least been guaranteed
naturalisation by that Member State.

4.
After the former Yugoslav Republic of Macedonia has given
a positive reply to the readmission application, the competent
Diplomatic Mission or Consular Office of the former Yugoslav
Republic of Macedonia 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 30
days. If, for legal or factual reasons, the person concerned cannot
be transferred within the period of validity of the travel document
that was initially issued, the competent Diplomatic Mission or
Consular Office of the former Yugoslav Republic of Macedonia
shall, within 14 calendar days, issue a new travel document with
a period of validity of the same duration. If the former Yugoslav
Republic of Macedonia 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).

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

Article 2

Readmission of own nationals

Article 3

Readmission of third-country nationals and stateless
persons

1.
The former Yugoslav Republic of Macedonia shall readmit,
upon application by a Member State and without further formali-
ties other than those provided for in this agreement, all 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
they are nationals of the former Yugoslav Republic of Macedonia.

The former Yugoslav Republic of Macedonia shall also read-

2.
mit, where possible, at the same time:

— minor unmarried children up to 18 years of age of the per-
sons mentioned in paragraph 1, regardless of their place of
birth or their nationality, unless they have an independent
right of residence on the territory of the Requesting Member
State,

— 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 former Yugoslav Republic of Macedonia, unless they

1.
The former Yugoslav Republic of Macedonia shall readmit,
upon application by a Member State and without further formali-
ties 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 pro-
vided 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 former Yugoslav Republic of Macedonia;
or

(b)

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

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

30 November 1994.

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2.
if:

(a)

The readmission obligation in paragraph 1 shall not apply

or may be validly assumed on the basis of prima facie evidence fur-
nished, that they are nationals of that Member State.

the third country national or stateless person has only been
in airside transit via an International Airport of the former
Yugoslav Republic of Macedonia; or

A Member State shall also readmit, where possible, at the

2.
same time:

(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 the former Yugoslav Republic of Mace-
donia, 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 the former Yugoslav Republic of Mace-
donia, or

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

The former Yugoslav Republic of Macedonia shall also read-
3.
mit, upon application by a Member State, former nationals of the
Socialist Federal Republic of Yugoslavia who have acquired no
other nationality and whose place of birth, and place of perma-
nent residence on 8 September 1991, was in the territory of the
former Yugoslav Republic of Macedonia.

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

— minor unmarried children up to 18 years of age of the per-
sons mentioned in paragraph 1, regardless of their place of
birth or their nationality, unless they have an independent
right of residence on the territory of the former Yugoslav
Republic of Macedonia,

— 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 the former Yugoslav Republic of
Macedonia.

3.
A Member State shall also readmit persons who have
renounced the nationality of a Member State since entering the
territory of the former Yugoslav Republic of Macedonia, unless
such persons have at least been guaranteed naturalisation by the
former Yugoslav Republic of Macedonia.

4.
After the Requested Member State has given a positive reply
to the readmission application, the competent Diplomatic Mis-
sion or Consular Office of the Requested 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 30 days. 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 the
Requested 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, the former Yugoslav Republic of Macedonia shall take into
consideration the will of the person to be readmitted to the State
of his/her choice.

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 5

Article 4

Readmission of own nationals

1.
A Member State shall readmit, upon application by the
former Yugoslav Republic of Macedonia and without further for-
malities other than those provided for in this agreement, all per-
sons 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
former Yugoslav Republic of Macedonia provided that it is proved,

Readmission of third-country nationals and stateless
persons

1.
A Member State shall readmit, upon application by the
former Yugoslav Republic of Macedonia and without further for-
malities 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 former Yugoslav Republic of
Macedonia provided that it is proved, or may be validly assumed
on the basis of prima facie evidence furnished, that such persons:

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

30 November 1994.

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

permit issued by the Requested Member State; or

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(b)

illegally and directly entered the territory of the former Yugo-
slav Republic of Macedonia after having stayed on, or tran-
sited through, the territory of the Requested Member 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.

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

3.
If a person has been apprehended in the border region
(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).

(b)

the former Yugoslav Republic of Macedonia has issued to the
third country national or stateless person a visa or residence
permit before or after entering its territory unless:

Article 7

Readmission application

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

mit,
expires later, or

To the extent possible, the readmission application is to

1.
contain the following information:

— the visa or residence permit issued by the former Yugo-
slav Republic of Macedonia has been obtained by using
forged or falsified documents, or by making false state-
ments and the person concerned has stayed on, or tran-
sited through, the territory of the Requested Member
State, or

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

(a)

the particulars of the person to be readmitted (e.g. given
names, surnames, date of birth, and — where possible —
place of birth, and the last place of residence and particulars
of their parents) and, where appropriate, 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;

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, the former Yugoslav Republic of Mace-
donia where necessary issues the person whose readmission has
been accepted the travel document required for his or her return.

SECTION III

READMISSION PROCEDURE

Article 6

Principles

1.
Subject to paragraph 2 of Article 6, any transfer of a person
to be readmitted on the basis of one of the obligations contained
in Articles 2 to 5 shall require the submission of a readmission
application to the competent authority of the Requested State.

(c) photograph of the person concerned.

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

1. Without prejudice to respective relevant national legisla-
tions, proof of nationality pursuant to Article 2(1) and Article 4(1)
can be furnished through the documents listed in Annex 1 to this
Agreement. If such documents are presented, the Member States
and the former Yugoslav Republic of Macedonia shall mutually
recognise the nationality without further investigation being
required. Proof of nationality cannot be furnished through false
documents.

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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 the former Yugoslav Republic of Macedonia shall
accept a presumption of nationality to have been established
unless they can prove otherwise. Prima facie evidence of national-
ity cannot be furnished through false documents.

If none of the documents listed in Annexes 1 or 2 can be
3.
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
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

Proof of the conditions for the readmission of third-country
1.
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 the former Yugoslav
Republic of Macedonia without any further investigation being
required.

Prima facie evidence of the conditions for the readmission of
2.
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 the
former Yugoslav Republic of Macedonia shall accept a presump-
tion of the conditions to have been 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.
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 5 to this Agreement; it can-
not be furnished through false documents. Where such prima facie
evidence is presented, the former Yugoslav Republic of Macedonia
shall deem the conditions to be established, unless they can prove
otherwise.

5.
If none of the documents listed in Annex 5 can be pre-
sented, the competent diplomatic and consular representations of
the former Yugoslav Republic of Macedonia 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.

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 14 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 agreed to.

Reasons shall be given for the refusal of a readmission

3.
request.

4.
After agreement has been given or, where appropriate, after
expiry of the time limits laid down in paragraph 2, the person
concerned shall be transferred without delay and at the latest
within three months. On request of the Requesting State, this time
limit shall 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 the
former Yugoslav Republic of Macedonia and the Member State
concerned shall make arrangements in writing in advance regard-
ing 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 the
former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Mace-
donia or any Member State.

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Article 12

Readmission in error

Article 14

Transit procedure

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.

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:

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 the former Yugoslav Republic of
Macedonia 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.
The former Yugoslav Republic of Macedonia 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 the former Yugo-
slav Republic of Macedonia so requests, if the onward journey in
possible other States of transit and the readmission by the State
of destination is assured.

(a)

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

(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.

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.

Transit can be refused by the former Yugoslav Republic of

3.
Macedonia or a Member State:

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.

(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.

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

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

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.

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SECTION VI

DATA PROTECTION AND NON-AFFECTION CLAUSE

(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;

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 the former Yugoslav Repub-
lic of Macedonia 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 the former Yugoslav
Republic of Macedonia and, where the controller is a competent
authority of a Member State, to the provisions of Directive
95/46/EC (1) and to 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:

(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;

(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,
obligations and responsibilities of the Community, the Member
States and the former Yugoslav Republic of Macedonia arising
from International Law and, in particular, from:

— 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),

— 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,

— passport, identity card or driving licence (number, period
of validity, date of issue, issuing authority, place of issue),

— the international conventions determining the State respon-

sible for examining applications for asylum lodged,

— stop-overs and itineraries,

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

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

to date;

(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 of 23.11.1995, p. 31).

— 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,

— international conventions on extradition and transit,

— multilateral international conventions and agreements on the

readmission of foreign nationals.

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

2.
son under other formal or informal arrangements.

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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)

(c)

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

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

(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 the former Yugoslav Republic of Macedonia; 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 the former Yugoslav
Republic of Macedonia, the former Yugoslav Republic of Mace-
donia and a Member State shall draw up an implementing Proto-
col which shall cover rules on:

(a) designation of the competent authorities, border crossing
points and exchange of contact points and the language of
communication;

(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.

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.

The former Yugoslav Republic of Macedonia agrees to apply
3.
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 the former Yugoslav Republic of Macedonia,
insofar 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 of Article 21, this Agreement shall
apply to the territory in which the Treaty establishing the Euro-
pean Community is applicable and to the territory of the former
Yugoslav Republic of Macedonia.

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.

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.

Article 23

Annexes

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

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ANNEX 1

Common list of documents for proof of nationality (Articles 2(1), 4(1) and 8(1))

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

surrogate/emergency passports),

— identity cards (including temporary and provisional ones),

— military identity cards,

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

— citizenship certificate accompanied by another identification document containing a photograph of the person

concerned.

Common list of documents the presentation of which is considered as prima facie evidence of nationality
(Articles 2(1), 4(1) and 8(2))

ANNEX 2

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

— service books or photocopies thereof,

— driving licences or photocopies thereof,

— birth certificates or photocopies thereof,

— official statements by credible witnesses,

— statements made by the person concerned and language spoken by him or her, including by means of an official test
result. For the purpose of this Annex, the term ‘official test’ is defined as a test commissioned or conducted by the
authorities of the requesting State and validated by the Requested State,

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

— documents listed in Annex 1 whose validity has expired.

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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))

ANNEX 3

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

entry/departure (e.g. photographic),

— valid document, e.g. visa and/or residence permit, issued by the Requested State for permitted stay on the territory of

the Requested State,

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

the person concerned on the territory of the requested State,

— official statements made by border authority staff who can testify to the person concerned crossing the border.

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))

ANNEX 4

— Statements 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,

— 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,

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

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List of documents which are considered 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))

ANNEX 5

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

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

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

residence in the territory of the former Yugoslav Republic of Macedonia,

— 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(2) AND 4(2)

In application of the provisions in question, the Parties should endeavour to take appropriate measures to
maintain as far as possible the family unity and integrity. To this aim the Parties should make the best effort to
readmit the family members in a reasonable time frame.

The application of the principle of family unity and integrity should be in particular the subject of monitoring
by the Committee referred to in Article 18.

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

The Contracting Parties take note that, according to the nationality laws of the former Yugoslav Republic of
Macedonia and the Member States, it is not possible for a citizen of the former Yugoslav Republic of Mace-
donia 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.

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 former
Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Macedonia concludes a readmission agreement with Ice-
land 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 former Yugoslav
Republic of Macedonia concludes a readmission agreement with Switzerland in the same terms as this
Agreement.