Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation - Declarations
Date: 2007-10-10
Institutions: European Community, Moldova
Subjects: EU visa policy, Moldova, agreement (EU), illegal migration, residence permit, return migration

19.12.2007

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Official Journal of the European Union

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between the European Community and the Republic of Moldova 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 MOLDOVA, hereinafter referred to as ‘Moldova’,

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

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

Parties’

shall mean Moldova

and the

(b)

‘National of Moldova’ shall mean any person who holds the
citizenship of the Republic of Moldova;

(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 Moldova or one of the Member
States;

(f)

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

(g)

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

(h)

‘Border crossing point’ shall mean any crossing point autho-
rised by the competent authorities of
the Republic of
Moldova or Member States for the purpose of crossing their
respective borders, including at International airports;

(i)

(j)

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

‘Requesting State’ shall mean the State (Moldova 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;

(k)

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

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(l)

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

duration. If Moldova has not, within 14 calendar days, issued the
new travel document, it shall be deemed to accept the use of the
EU standard travel document for expulsion purposes (1).

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

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

(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.

Article 3

Readmission of third-country nationals and stateless
persons

SECTION I

READMISSION OBLIGATIONS BY MOLDOVA

Article 2

Readmission of own nationals

1. Moldova shall readmit, upon application by a Member State
and without further formalities other than those provided for in
this Agreement, all third-country nationals or stateless persons
who do not, or who no longer, fulfil the conditions in force for
entry to, presence in, or residence on, the territory of the Request-
ing Member State provided that, in accordance with Article 9, it
is proved, or may be validly assumed on the basis of prima facie
evidence furnished, that such persons:

1. Moldova shall readmit, upon application by a Member State
and without further formalities other than those provided for in
this Agreement, all persons who do not, or who no longer, fulfil
the conditions in force for entry to, presence in, or residence on,
the territory of the Requesting Member State provided that, in
accordance with Article 8, it is proved, or may be validly assumed
on the basis of prima facie evidence furnished, that they are nation-
als of Moldova.

2. Moldova 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 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 Moldova, unless they have an independent right of resi-
dence in the Requesting Member State.

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

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

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

permit issued by Moldova; or

(b)

illegally and directly entered the territory of the Member
States from Moldova after having stayed on, or transited
through, the territory of latter.

2.

The readmission obligation in paragraph 1 shall not apply if

(a)

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

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

30 November 1994.

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After Moldova has given a positive reply to the readmission
3.
application, the Requesting Member State issues the person whose
readmission has been accepted the EU standard travel document
for expulsion purposes (1).

Article 5

Readmission of third-country nationals and stateless
persons

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of own nationals

1.
A Member State shall readmit, upon application by Moldova
and without further formalities other than those provided for in
this Agreement, all persons who do not, or who no longer, fulfil
the conditions in force for entry to, presence in, or residence on,
the territory of Moldova provided that,
in accordance with
Article 8, it is proved, or may be validly assumed on the basis of
prima facie evidence furnished, that they are nationals of that
Member State.

2.

A Member State shall also readmit:

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

— spouses, holding another nationality, of the persons 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 Moldova.

1.
A Member State shall readmit, upon application by Moldova
and without further formalities other than those provided for in
this Agreement, all third-country nationals or stateless persons
who do not, or who no longer, fulfil the conditions in force for
entry to, presence in, or residence on, the territory of Moldova
provided that, in accordance with Article 9, it is proved, or may
be validly assumed on the basis of prima facie evidence furnished,
that such persons:

(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 Moldova 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) Moldova 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

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

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

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

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

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

30 November 1994.

— that person fails to observe any condition attached to the

visa.

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

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

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SECTION III

Article 8

Means of evidence regarding nationality

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, where applicable, a valid visa or residence per-
mit 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 days following this persons apprehension (accelerated
procedure).

Nationality pursuant to Article 2(1) and Article 4(1) can be
1.
proved by means of the documents listed in Annex 1 to this
Agreement, even if their period of validity has expired. If such
documents are presented, the Member States and Moldova shall
mutually recognise the nationality without further investigation
being required. Proof of nationality cannot be furnished through
false documents.

Prima facie evidence of nationality pursuant to Article 2(1)
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 Moldova shall deem the nationality to be estab-
lished, unless they can prove otherwise. Prima facie evidence of
nationality cannot be furnished through false documents.

If none of the documents listed in Annexes 1 or 2 can be
3.
presented, the competent Diplomatic Mission or Consular Office
of the Requested State concerned shall, upon request, make
arrangements with the competent authority of the Requesting
State 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 7

Content of the Readmission application

Article 9

To the extent possible, the readmission application is to

1.
contain the following information:

Means of evidence regarding third-country nationals and
stateless persons

(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, 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 grounds for the readmission
of third-country nationals and stateless persons and unlaw-
ful entry and residence will be provided.

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 5 to this Agreement.

1.
Proof of the grounds for the readmission of third-country
nationals and stateless persons laid down in Article 3(1) and
Article 5(1) shall be particularly furnished through the means of
evidence listed in Annex 3 to this Agreement; it cannot be fur-
nished through false documents. Any such proof shall be mutu-
ally recognised by the Member States and Moldova without any
further investigation being required.

2.
Prima facie evidence of the grounds for the readmission of
third-country nationals and stateless persons laid down in
Article 3(1) and Article 5(1) shall be particularly furnished
through the means of evidence listed in Annex 4 to this Agree-
ment; it cannot be furnished through false documents. Where
such prima facie evidence is presented, the Member States and
Moldova shall deem the grounds to be established, unless they can
prove otherwise.

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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Article 10

Time limits

Article 12

Readmission in error

The application for readmission must be submitted to the
1.
competent authority of the Requested State within a maximum of
6 months after the Requesting State’s competent authority has
gained knowledge that a third-country national or a stateless 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.

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.

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 11 working 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 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 11 working days, this time limit may,
upon duly motivated request, be extended with a maximum of
two working days. If there was no reply within the extended time
limit, the transfer shall be deemed to have been agreed to.

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
Moldova and the Member State concerned shall make arrange-
ments in writing in advance regarding the transfer date, the bor-
der crossing point, possible escorts and other information relevant
to the transfer.

SECTION IV

TRANSIT OPERATIONS

Article 13

Principles

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

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

3.

Transit can be refused by Moldova or a Member State:

(a)

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.

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

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

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Article 14

Transit procedure

SECTION VI

DATA PROTECTION AND NON-AFFECTION CLAUSE

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

(a)

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 border crossing point, 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 6 to this Agreement.

2.
The Requested State shall, within four working days and in
writing, inform the Requesting State of the admission, confirm-
ing the border crossing point and the envisaged time of admis-
sion, or inform it of the admission refusal and of the reasons for
such refusal.

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

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

SECTION V

COSTS

Article 15

Transport and transit costs

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.

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 Moldova or a Member State
as the case may be. The processing and treatment of personal data
in a particular case shall be subject to the domestic laws of
Moldova and, where the controller is a competent authority of a
Member State, to the provisions of Directive 95/46/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,

— 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;

(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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(f) both the communicating authority and the receiving author-
ity shall take every reasonable step to ensure as appropriate
the rectification, erasure or blocking of personal data where
the processing does not comply with the provisions of this
article, in particular because those data are not adequate, rel-
evant, accurate, or they are excessive in relation to the pur-
pose of processing. This includes the notification of any
rectification, erasure or blocking to the other Party;

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

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

SECTION VII

IMPLEMENTATION AND APPLICATION

Article 18

Joint readmission committee

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

(a)

to monitor the application of this Agreement;

(b)

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

(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.

(c)

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

Article 17

Non-affection clause

(d)

to recommend amendments to this Agreement and its
Annexes.

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

2.
tracting Parties.

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

The committee shall be composed by representatives of the
3.
Community and Moldova; the Community shall be represented
by the Commission.

— 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 committee shall meet where necessary at the request of

4.
one of the Contracting Parties.

5.

The committee shall establish its rules of procedures.

— the international conventions determining the State respon-

sible for examining applications for asylum lodged,

Article 19

Implementing Protocols

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

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

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

other Cruel,
Punishment,

(a) designation of the competent authorities, border crossing

points and exchange of contact points;

(b)

the modalities for returns under the accelerated procedure;

— international conventions on extradition and transit,

(c)

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

— multilateral international conventions and agreements on the

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

readmission of foreign nationals.

Annexes 1 to 4 to this Agreement.

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

2.
son under other formal or informal arrangements.

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

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

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

2.
dom of Denmark.

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 Moldova, in so far as the provisions of the lat-
ter 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 of Moldova and to the territory in which the Treaty
establishing the European Community is applicable.

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 denounce this Agreement by
4.
officially notifying the other Contracting Party. This Agreement
shall cease to apply six months after the date of such notification.

Article 23

Annexes

Annexes 1 to 6 shall form an integral part of this Agreement.

Done at Brussels on the tenth day of October in the year two thousand and seven in duplicate in the Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithua-
nian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Moldovan languages,
each of these texts being equally authentic.

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L 334/157

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
Pentru Comunitatea Europeană
Pentru Comunitatea Europeană

За Република Молдова
Por la República de Moldova
Za Moldavskou republiku
For Republikken Moldova
Für die Republik Moldau
Moldova Vabariigi nimel
Για τη Δημοκρατία της Μολδαβίας
For the Republic of Moldova
Pour la République de Moldova
Per la Repubblica di Moldova
Moldovas Republikas vārdā
Moldovos Respublikos vardu
A Moldovai Köztársaság részéről
Għar-Repubblika tal-Moldova
Voor de Republiek Moldavië
W imieniu Republiki Mołdowy
Pela República da Moldávia
Pentru Republica Moldova
Za Moldavskú republiku
Za Republiko Moldavijo
Moldovan tasavallan puolesta
För Republiken Moldavien
Pentru Republica Moldova

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ANNEX 1

COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED
AS PROOF OF NATIONALITY (ARTICLES 2(1), 4(1) AND 8(1))

— passports of any kind (national passports, diplomatic passports, service passports and, where applicable, collective pass-

ports and surrogate passports including children’s passports),

— identity cards of any kind,

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

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

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,

— military service books and military identity cards,

— official statements made for the purpose of the accelerated procedure by border authority staff or witnesses who can

testify that the person concerned has crossed the border,

— driving licenses or photocopies thereof,

— birth certificates or photocopies thereof,

— company identity cards or photocopies thereof,

— written statements by witnesses,

— written statements made by the person concerned and language spoken by him or her, including by means of an offi-

cial test result,

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

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L 334/159

ANNEX 3

COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE GROUNDS FOR THE
READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS
(ARTICLES 3(1), 5(1) AND 9(1))

— visa or residence permit issued by the Requested State,

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

entry/departure (e.g. photographic),

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

— official statements made 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
GROUNDS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS
(ARTICLES 3(1), 5(1) AND 9(2))

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

— official statement in judicial or administrative proceedings by the person concerned, family members or travelling

companions,

— official statements made by witnesses who can testify to the person concerned crossing the border,

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

(e.g. UNHCR).

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ANNEX 5

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ANNEX 6

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

JOINT DECLARATION CONCERNING ICELAND

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

JOINT DECLARATION CONCERNING NORWAY

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

JOINT DECLARATION CONCERNING SWITZERLAND

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

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L 334/167

JOINT DECLARATION CONCERNING ARTICLES 3(1) AND 5(1)

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

JOINT DECLARATION ON TECHNICAL AND FINANCIAL SUPPORT

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

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