Proposal for a Council Decision concerning the signing of the Agreement between the European Community and Pakistan on readmission
Date: 2009-03-06
Institutions: European Commission
Subjects: EU visa policy, European Community, Pakistan, judicial cooperation, return migration, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.3.2009 
COM(2009) 106 final 

2009/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Pakistan on readmission  

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Pakistan on readmission  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

Conclusion of a readmission agreement with Pakistan was one of the measures recommended 
in the 1999 High Level Working Group Action Plan on Afghanistan. On 18 September 2000, 
the General Affairs Council formally authorised the Commission to negotiate a readmission 
agreement  between  the  European  Community  and  Pakistan.  In  April  2001  the  Commission 
transmitted a draft text to the Pakistan authorities. Following the Ministerial Troika meeting 
in  Islamabad  on  18  and  19  February  2004  and  the  establishment  of  the  link  between 
readmission  and  the  ratification,  by  the  EU,  of  the  Cooperation  Agreement  between  the 
European Community and the Islamic Republic of Pakistan on Partnership and Development, 
the  first  round  of  formal  negotiations  could  be  held  in  Islamabad  in  April  2004.  Six  further 
formal rounds of negotiations took place, the last one in Brussels on 17 September 2007. 

Following the last round of negotiations in September 2007, where all the outstanding issues 
could be resolved, both sides sought the endorsement of the agreed text from their respective 
constituencies.  Following  a  lengthy  consultation  and  approval  process  on  both  sides,  the 
agreed text could finally be initialled on 9 September 2008 in Brussels by the Commission's 
Chief Negotiator and the Pakistani Ambassador to the EU. 

Member States have been regularly informed and consulted at all (informal and formal) stages 
of the readmission negotiations. 

On  the  part  of  the  Community,  the  legal  basis  for  the  Agreement  is  Article  63(3)(b),  in 
conjunction with Article 300 TEC.  

The attached proposals constitute the legal instrument for the signature and conclusion of the 
readmission  agreement.  The  Council  will  decide  by  qualified  majority.  The  European 
Parliament  will  have  to  be  formally  consulted  on  the  conclusion  of  the  Agreement,  in 
accordance with Art. 300(3) EC Treaty. 

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for the practical application of the Agreement. In particular, it specifies that the Commission, 
assisted  by  experts  from  Member  States,  represents  the  Community  within  the  Joint 
Readmission  Committee  set  up  by  Article  16  of  the  Agreement.  Under  Article  16  (6),  the 
readmission  committee  shall  adopt  its  own  rules  of  procedure.  As  in  the  case  for  the  other 
readmission agreements so far concluded by the Community, the Community position in this 
regard  shall  be  established  by  the  Commission  in  consultation  with  a  special  committee 
designated by the Council. As regards other decisions to be taken by the Joint Committee, the 
Community position shall be established in accordance with the applicable provisions of the 
Treaty.  

II. 

OUTCOME OF THE NEGOTIATIONS  

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft Readmission Agreement is acceptable to the Community. 

The final content of it can be summarised as follows: 

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The Agreement is divided into 7 sections with 21 articles altogether. It also contains 
6 Annexes, which form an integral part of it, and 10 joint declarations.  

The readmission obligations set out in the Agreement (Articles 2 and 3) are drawn up 
in  a  fully  reciprocal  way,  comprising  own  nationals  (Article  2)  as  well  as  third 
country nationals and stateless persons (Article 3).  

The obligation to readmit third country nationals and stateless persons (Article 3) is 
linked to the following prerequisites: (a) the person concerned holds, at the time of 
submission  of  the  readmission  application,  a  valid  visa  or  residence  authorisation 
issued  by  the  requested  State  or  (b)  the  person  concerned  unlawfully  entered  the 
territory  of  the  requesting  State  coming  directly  from  the  territory  of  the  requested 
State. Exempted from these obligations are persons in airside transit and all persons 
to whom the requesting State has either granted visa-free access or issued a visa or 
residence authorisation with a longer period of validity.  

In  return  for  Pakistan  agreeing  to  the  aforementioned  obligation  regarding  the 
readmission of third-country nationals and stateless persons (Article 3), the European 
Community  agreed  that  the  agreement,  without  prejudice  to  the  Parties'  obligations 
under  international  customary  law  to  take  back  own  nationals,  shall  only  apply  to 
persons  who  entered  the  territories  of  the  Parties  after  its  entry  into  force  (Article 
20(3)).  

Section II of the Agreement (Articles 4 to 10 in conj. with Annexes 1 to 5) contains 
the necessary technical provisions regarding the readmission procedure (readmission 
application,  means  of  evidence,  time  limits,  transfer  modalities  and  modes  of 
transportation) and 'readmission in error' (Article 10). Some procedural flexibility is 
provided  by the  fact  that no readmission application will be needed in cases where 
the person to be readmitted is in possession of a valid national passport and, if he or 
she is  a third-country national, also holds a  valid visa or residence authorisation of 
the State which has to readmit him or her (Article 4(2)).  

The Agreement contains a section on transit operations (Articles 11 and 12 in conj. 
with Annex 6). 

Articles 13, 14 and 15 contain the necessary rules on costs, data protection and the 
relation to other international obligations. 

The Joint Readmission Committee will be composed, and have the tasks and powers, 
as set out in Article 16. 

In order to execute this Agreement in practice, Article 17 creates the possibility for 
Pakistan and individual Member States to conclude bilateral implementing Protocols. 
The  relation  between  the  bilateral  implementing  Protocols  and  this  Agreement  is 
clarified by Article 18. 

The final provisions (Art. 19 to 21) contain the necessary rules on entry into force, 
duration, possible amendments, termination and the legal status of the Annexes to the 
agreement.  

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The specific situation of Denmark is reflected in the preamble, Article 1(a), Article 
19(2) and in a joint declaration attached to the Agreement. The close association of 
Norway  and  Iceland  to  the  implementation,  application  and  development  of  the 
Schengen Acquis is likewise reflected in a joint declaration to the Agreement. 

III. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council 

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decide that the Agreement be signed on behalf of the Community and authorise the 
President of the Council to appoint the person(s) duly empowered to sign on behalf 
of the Community; 

approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement 
between the European Community and Pakistan on readmission. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community  
and Pakistan on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 63, paragraph 3 lit. b), in conjunction with the first sentence of the first subparagraph 
of Article 300 (2) thereof, 

Having regard to the proposal from the Commission1, 

WHEREAS: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  its  decision  of  18  September  2000,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  Pakistan  on 
readmission. 

Negotiations for the Agreement took place between April 2004 and September 2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 9 September 2008 should be signed. 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland, annexed to the Treaty on European Union and to the Treaty establishing 
the European Community, the United Kingdom has notified its wish to take part in the 
adoption and application of this Decision. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community, the Agreement between the European Community and Pakistan on readmission. 

Done in Brussels, the 

For the Council 
The President 

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2009/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community  
and Pakistan on readmission  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 63, 
paragraph 3 lit. b), in conjunction with the first sentence of the first subparagraph of Article 300 
(2) and the first subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3 

WHEREAS:  

(1) 

(2) 

(3) 

(4) 

(5) 

The  Commission  has  negotiated  on  behalf  of  the  European  Community  an  Agreement 
with Pakistan on readmission; 

This Agreement has been signed, on behalf of the European Community, on …….2009 
subject 
in  accordance  with 
Decision……../……/EC of the Council of [………….] 

its  possible  conclusion  at  a 

later  date, 

to 

This Agreement should be approved. 

The Agreement establishes a Joint Readmission Committee which may adopt its rules of 
procedure. It is appropriate to provide for a simplified procedure for the establishment of 
the Community position in this case.  

In accordance with Article 3 of the Protocol on the position of the United Kingdom and 
Ireland,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 
European  Community,  the  United  Kingdom  has  notified  its  wish  to  take  part  in  the 
adoption and application of this Decision. 

(6) 

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed 
to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European 

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Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  Pakistan  on  readmission  is  hereby 
approved on behalf of the Community. 

The text of the agreement is attached to this Decision. 

The President of the Council shall give the notification provided for in Article 20 paragraph 2 of 
the Agreement4. 

Article 2 

Article 3 

The Commission, assisted by experts from Member States invited at the Commission's request, 
shall represent the Community in the Joint Readmission Committee established by Article 16 of 
the Agreement. 

Article 4 

The position of the Community within the Joint Readmission Committee with regard to the 
adoption of its rules of procedure as required under Article 16 (6) of the Agreement shall be 
taken by the Commission after consultation with a special committee designated by the Council. 

Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done in Brussels, the 

For the Council 
The President 

4 

The date of entry into force of the Readmission Agreement will be published in the Official Journal of the 
European Union by the General Secretariat of the Council. 

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Annex 

AGREEMENT 
between the European Community and the Islamic Republic of Pakistan on the 
readmission of persons residing without authorization 

THE HIGH CONTRACTING PARTIES,  

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

THE ISLAMIC REPUBLIC OF PAKISTAN, hereinafter referred to as “Pakistan”,  

hereinafter also referred to individually as “a Party” and collectively as “the Parties”, 

Desiring to strengthen their cooperation to combat illegal immigration 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 Pakistan 
or one of the Member States of European Union, and to facilitate the transit of such persons in a 
spirit of cooperation; 

Emphasizing  that  this  Agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 

responsibilities  of  the  Member  States  of  the  European  Union  and  Pakistan  under  International 

Law; 

Considering that the provisions of Title IV of the Treaty establishing the European Community, 
and all acts adopted on the basis of that Title, do not apply to the Kingdom of Denmark,  

HAVE AGREED AS FOLLOWS: 

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ARTICLE 1 

Definitions 

For the purposes of this Agreement: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

“Member  State”  shall  mean  any  Member  State  of  the  European  Union,  with  the 
exception of the Kingdom of Denmark; 

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

“National of Pakistan” shall mean any person who holds the nationality of Pakistan; 

“Third-country national” shall mean any person who holds a nationality other than that 
of Pakistan or one of the Member States; 

“Stateless person” shall mean any person who does not hold a nationality; 

“Residence authorization” shall mean a permit of any type issued by Pakistan or one of 
the Member States entitling a person to reside on the territory of the issuing State; 

“Visa” shall mean an authorization issued or a decision taken by Pakistan or one of the 
Member  States  which  is  required  with  a  view  to  entry  into,  or  transit  through,  its 
territory. This shall not include airport transit visa; 

“Requesting State” shall mean the State (Pakistan or one of the Member States), which 
submits a  readmission application  pursuant to Articles 2 and 3 or a transit application 
pursuant to Article 12; 

“Requested State” shall mean the State (Pakistan or one of the Member States) to which 
a readmission application pursuant to Articles 2 and 3 or a transit application pursuant 
to Article 12 is submitted. 

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SECTION I - READMISSION OBLIGATIONS 

ARTICLE 2 

Readmission of nationals 

(1) 

(2) 

(1) 

The  Requested  State  shall  readmit,  after  the  nationality  having  been  proved  in 
accordance with Article 6, upon application by the Requesting State any of its nationals 
who does not, or who no longer fulfills the conditions in force for entry to, presence in, 
or residence on, the territory of the Requesting State. 

The  Requested  State  shall,  as  necessary  and  without  delay,  issue  the  person  whose 
readmission  has  been  accepted  with  the  travel  document  required  for  his  or  her 
readmission, which shall be valid for at least six months. If, for legal or factual reasons, 
the  person  concerned  cannot  be  transferred  within  the  period  of  validity  of  the  travel 
document, the Requested State shall issue a new travel document with the same period 
of validity within 14 days.  

ARTICLE 3 

Readmission of third-country nationals and Stateless persons 

The  Requested  State  shall  readmit,  upon  application  by  the  Requesting  State  and 
without further formalities other than those provided for in this Agreement, any third-
country  national  or  Stateless  person  who  does  not,  or  who  no  longer,  fulfils  the 
conditions  in  force  for  entry  to,  presence  in,  or  residence  on  the  territory  of  the 
requesting State, provided that such persons 

a) 

b) 

hold,  at  the  time  of  submission  of  the  readmission  application,  a  valid  visa  or 
residence authorisation issued by the Requested State; or 

entered the territory of the Requesting State unlawfully coming directly from the 
territory of the Requested State. A person comes directly from the territory of the 
Requested State within the meaning of this subparagraph if he or she arrived on 
the territory of the Requesting State, or, where the Requested State is Pakistan, on 
the territory of the Member States, by air or ship without having entered another 
country in-between. 

(2) 

The readmission obligation in paragraph 1 shall not apply if  

a) 

b) 

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

the Requesting State has issued to the third country national or stateless person a 
visa  or  residence  authorisation  before  or  after  entering  its  territory  unless  that 
person  is  in  possession  of  a  visa  or  residence  permit,  issued  by  the  Requested 
State, which has a longer period of validity. 

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(3) 

(4) 

(1) 

(2) 

If the Requested State is a Member State, the readmission obligation in paragraph 1 is 
for  the  Member  State  that  issued  a  visa  or  residence  authorization.  If  two  or  more 
Member  States  issued  a  visa  or  residence  authorisation,  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  obligation  in 
paragraph  1  is  for  the  Member  State  that  issued  the  document  with  the  most  recent 
expiry date. 

The  Requested  State  shall,  as  necessary  and  without  delay,  issue  the  person  whose 
readmission has been accepted with the travel document required for his or her return 
which shall be valid for at least six months. If, for legal or factual reasons, the person 
concerned cannot be transferred within the period of validity of the travel document, the 
Requested  State  shall  issue  a  new  travel  document  with  the  same  period  of  validity 
within 14 calendar days. 

SECTION II. READMISSION PROCEDURE 

ARTICLE 4 

Principles 

Subject  to  paragraph  2,  any  transfer  of  a  person  to  be  readmitted  on  the  basis  of  the 
obligations contained in Articles 2 and 3 shall require the submission of a readmission 
application to the competent authority of the Requested State. 

Without prejudice to Articles 2 (1) and 3 (1), no readmission application shall be needed 
where the person to be readmitted is in possession of a valid travel document and, where 
applicable, a valid visa or residence authorization of the Requested State. 

(3) 

No person shall be readmitted only on the basis of prima facie evidence of nationality. 

ARTICLE 5 

Readmission application 

(1) 

A readmission application shall contain the following information: 

a) 

b) 

the particulars of the person to be readmitted (e.g. given name, surname, date of 
birth, place of birth, and the last place of residence); 

indication of the means for the proof of nationality, transit, the conditions for the 
readmission  of  third-country  nationals  and  Stateless  persons  and  unlawful  entry 
and residence. 

(2) 

The  readmission  application,  to  the  extent  possible,  will  also  contain  the  following 
information: 

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a) 

a) 

a  statement  indicating  that  the  person  to  be  readmitted  may  need  help  or  care, 
provided the person concerned has explicitly consented to the statement; 

any other protection or security measure which may be necessary in the individual 
readmission case. 

(3) 

A common form to be used for readmission application is herein attached as Annex 5 to 
this Agreement. 

ARTICLE 6 

Means of evidence regarding nationality 

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

(3) 

Evidence of nationality cannot be furnished through false documents. 

Proof  of  nationality  pursuant  to  Article  2  (1)  may  be  furnished  through  any  of  the 
documents  listed  in  Annex  1  to  this  Agreement,  even  if  their  period  of  validity  has 
expired. If such documents are presented, the requested and the requesting States shall 
mutually recognize the nationality without further investigation being required.  

Proof of nationality, as required under Article 2 (1), may also be furnished through any 
of the  documents  listed in Annex 2 to this Agreement,  even if their period  of validity 
has  expired.  If  such  documents  are  presented,  the  Requested  State  shall  initiate  the 
process for establishing the nationality of the person concerned. 

If  none  of  the  documents  listed  in  Annexes  1  or  2  can  be  presented,  the  competent 
authority  of  the  Requesting  State  and  the  diplomatic  or  consular  representation  of  the 
Requested  State  shall,  upon  request,  make  arrangements  to  interview  the  person  for 
whose readmission an application has been submitted, without undue delay. 

ARTICLE 7 

Means of evidence regarding third-country nationals and stateless persons 

Proof  of  the  conditions  for  the  readmission  of  third-country  nationals  and  stateless 
persons laid down in Article 3 (1) shall be particularly furnished through the means of 
evidence  listed  in  Annex  3  to  this  Agreement;  it  cannot  be  furnished  through  false 
documents. Any such proof shall be based on elements that are mutually recognised by 
the Requested and the Requesting States.  

Proof  of  the  conditions  for  the  readmission  of  third-country  nationals  and  stateless 
persons laid down in Article 3 (1) may also be furnished through the means of evidence 
listed in Annex 4 to this Agreement. Where such means of evidence are presented, the 
Requested State will deem them appropriate to initiate investigation. 

The unlawfulness of entry, presence or residence shall be established by means of the 
travel documents of the person concerned in which the necessary visa or other residence 
authorisation  for  the  territory  of  the  Requesting  State  are  missing.  A  statement  by  the 

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Requesting  State  that  the  person  concerned  has  been  found  not  having  the  necessary 
travel documents, visa or residence authorisation may provide prima facie evidence of 
the unlawful entry, presence or residence. 

ARTICLE 8 

Time limits 

(1) 

(2) 

(3) 

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 person does 
not,  or  does  no  longer,  fulfill  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, be extended but only until the obstacles have ceased to 
exist. 

A  readmission  application  must  be  replied  to  without  undue  delay,  and  in  any  event 
within  a  maximum  of  30  calendar  days;  reasons  shall  be  given  for  refusal  of  a 
readmission  application.  This  time  limit  begins  to  run  with  the  date  of  receipt  of  the 
readmission  application.  Where  there  are  legal  or  factual  obstacles  to  the  application 
being  replied  to  in  time,  the  time  limit  may,  upon  request  and  giving  grounds,  be 
extended up to 60 calendar days, except if the maximum detention period in the national 
legislation of the Requesting State is lower than, or equal to, 60 days. If there was no 
reply within this time limit, the transfer shall be deemed to have been agreed to. 

After  agreement  has  been  given  or,  where  appropriate,  upon  expiry  of  the  time  limit 
mentioned  in  paragraph  2  of  this  Article,  the  person  concerned  shall  be  transferred 
within three months. Upon request, this time limit may be extended by the time taken to 
deal with legal or practical obstacles. 

ARTICLE 9 

Transfer modalities and modes of transportation 

Before returning a person, the competent authorities of Pakistan and the Member State concerned 
shall make arrangements in writing in advance, regarding the transfer date, the border crossing 
point, possible escorts and means of transport. 

ARTICLE 10 

Readmission in error 

Pakistan shall take back without delay any person readmitted by a member state, and a Member 
State shall take back without delay a person readmitted by Pakistan, 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 and 3 of this agreement were not met. In such cases, the competent authorities of 
Pakistan and the Member State concerned shall also exchange all available information relating 
to the actual identity, nationality or transit route of the person to be taken back.  

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SECTION III -TRANSIT OPERATIONS 

ARTICLE 11 

Principles 

(1) 

(2) 

The Requested State may allow the transit of a third-country national or stateless person 
when  such  a  national  or  person  cannot  be  returned  to  the  State  of  destination  directly 
after being satisfied, on the basis of written evidence, that the State of destination has 
committed itself to readmit its national or the person as the case may be. 

The  Requested  State  may  revoke  consent  if  the  onward  journey  in  possible  States  of 
transit or the readmission by the State of destination is no longer assured. In such cases, 
the Requesting State shall take back the third-country national or the stateless person at 
its costs. 

ARTICLE 12 

Transit procedure  

(1) 

An application for transit operations must be submitted to the competent authorities in 
writing and shall contain the following information: 

a) 

b) 

c) 

type of transit, possible other States of transit and final destination; 

the  particulars  of  the  person  concerned  (e.g.  given  name,  surname,  date  of  birth 
and  –  where  possible  –  place  of  birth,  nationality,  type  and  number  of  travel 
document); 

envisaged  border  crossing  point,  time  of  transfer  and  possible  use  of  escorts;  
A common form to be used for transit applications has been attached as Annex 6 
to this Agreement. 

(2) 

(3) 

(4) 

The  Requested  State  shall,  within  14  calendar  days  and  in  writing,  inform  the 
Requesting  State  of  its  decision  and,  if  it  allows  transit,  confirm  the  border  crossing 
point and the envisaged time of transit.  

If the transit operation is effected by air, the person to be transited and possible escorts 
shall be exempted from having to obtain an airport transit visa.  

The competent authorities of the Requested State shall, subject to mutual consultations, 
support  the  transit  operations,  in  particular  through  the  surveillance  of  the  persons  in 
question and the provision of suitable amenities for that purpose, in accordance with its 
laws and rules. 

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SECTION IV – COSTS 

ARTICLE 13 

Transport and transit costs 

Without prejudice to the right of the competent authorities of the Requesting State to recover the 
costs  associated  with  the  readmission  from  the  person  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 destination shall be borne by the Requesting 
State. In the case of readmission in error (Article 10), these costs have to be borne by the State 
which has to take back the person concerned. 

SECTION V - DATA PROTECTION  

AND CONSISTENCY WITH OTHER LEGAL OBLIGATIONS 

ARTICLE 14 

Personal data 

(1) 

The processing of personal data shall only take place if such processing is necessary for 
the implementation of this Agreement by the competent authorities of Pakistan and the 
Member States. 

For  the  purposes  of  this  Article,  the  definitions  contained  in  Article  2  of  Directive  95/46/EC 
apply. 

Where  the  controller  is  a  competent  authority  of  a  Member  State,  such  processing  shall  be 
subject to the provisions of Directive 95/46/EC and of national legislation adopted pursuant to 
this Directive, including the rules concerning the transfer of personal data to third countries. 

(2) 

Additionally, the processing of personal data for the implementation of this Agreement, 
and in particular the communication of personal data from Pakistan to a Member State 
and vice versa, shall be subject to the following principles: 

(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:  

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–  the  particulars  of  the  person  to  be  transferred  (e.g.  given  name,  surname,  any 
previous names, nicknames or pseudonyms, date and place of birth, sex, current and 
any previous nationality); 

–  passport or identity card (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) 

(f) 

personal data must be kept in a form which permits identification 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; 

both  the  communicating  authority  and  the  receiving  authority  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 that data are not adequate, relevant, accurate, or they 
are  excessive  in  relation  to  the  purpose  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 communicating authority of 

the use of the communicated data and of the results obtained there from; 

(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 the obligation to make 
a written record of the communication and receipt of personal data. 

ARTICLE 15 

Consistency with other Legal Obligations 

(1) 

(2) 

(3) 

This Agreement shall be without prejudice to the rights, obligations and responsibilities 
of the Community, the Member States and Pakistan arising from or under International 
Law, and International Treaties to which they are Parties. 

Nothing  in  this  Agreement  shall  prevent  the  return  of  a  person  under  other  bilateral 
arrangements.  

This  Agreement  shall  be  without  prejudice  to  the  remedies  and  rights  available  to  the 
person concerned under the laws of the host country including International Law. 

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SECTION VI - IMPLEMENTATION AND APPLICATION  

ARTICLE 16 

Joint Readmission Committee 

(1) 

The  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 
Committee (hereinafter referred to as “the Committee”) which will, in particular, have 
the task to: 

a)  monitor the application of this Agreement; 

b) 

c) 

decide  on  technical  arrangements  necessary  for  the  uniform  execution  of  it, 
including amendments to Annexes 3 and 4; 

have a regular exchange of information on the implementing Protocols drawn up 
by individual Member States and Pakistan pursuant to Article 17;  

d) 

propose amendments to this Agreement and Annexes 1 to 2. 

(2) 

(3) 

(4) 

(5) 

(6) 

The  decisions  of  the  Committee  shall  be  taken  by  unanimity  and  be  implemented 
accordingly. 

The Committee shall be composed by representatives of the Community and Pakistan; 
the Community shall be represented by the European Commission, assisted by experts 
from Member States.  

The Committee shall meet where necessary at the request of one of the Parties, normally 
on an annual basis. 

Disputes  which  cannot  be  resolved  by  the  Committee  shall  be  settled  through 
consultations between the Parties. 

The Committee shall establish its rules of procedures, including establishing a working 
language common to both Parties. 

ARTICLE 17 

Implementing Protocols 

(1) 

Pakistan and a Member State may draw up an implementing Protocol which shall cover 
rules on 

a) 

b) 

the  designation  of  the  competent  authorities,  the  border  crossing  points  and  the 
exchange of contact points; 

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

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c)  means  and  documents  other  than  those  listed  in  the  Annexes  1  to  4  to  this 

Agreement. 

(2) 

The implementing Protocols  referred to in paragraph 1  will enter  into force  only after 
the Committee (Article 16) has been notified. 

ARTICLE 18 

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  readmission  of  persons  residing  without  authorisation  which 
have  been  or  may,  under  Article  17,  be  concluded  between  individual  Member  States  and 
Pakistan, in so far as the provisions of the latter are incompatible with those of this Agreement. 

SECTION VII - FINAL PROVISIONS 

ARTICLE 19 

Territorial application 

(1) 

Subject  to  paragraph  2  of  this  Article,  this  Agreement  shall  apply  to  the  territory  in 
which the Treaty establishing the European Community is applicable and the territory of 
Pakistan. 

(2) 

This Agreement shall not apply to the territory of the Kingdom of Denmark. 

ARTICLE 20 

Entry into force, Duration and Termination 

(1) 

(2) 

(3) 

(4) 

This  Agreement  shall  be  ratified  or  approved  by  the  Parties  in  accordance  with  their 
respective procedures. 

This Agreement shall enter into force on the first day of the second month following the 
date on which the Parties notify each other that the procedures referred to in paragraph 1 
have been completed. 

Without  prejudice  to  existing  obligations  of  the  Parties  under  international  customary 
law to take back own nationals, this Agreement, and the Implementing Protocols, shall 
apply to persons who entered into the territories of Pakistan and the Member States after 
its entry into force. 

Either Party may terminate this Agreement at any time by officially notifying the other 
Party.  This  Agreement  shall  cease  to  apply  six  months  after  the  date  of  such 
notification. 

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ARTICLE 21 

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

Done  at  ………on  the  ………date  of  ………in  the  year…………in  duplicate  each  in  the 
Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek, 
Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak, 
Slovenian, Spanish, and Swedish languages, each of these texts being equally authentic.  

For the Islamic Republic of Pakistan For the European Community 

(…..) 

(…..) 

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Annex 1 

COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS 

CONSIDERED AS EVIDENCE OF NATIONALITY 
(ARTICLES 2 (1) IN CONJ. WITH ARTICLE 6 (2)) 

–  Genuine  passports  of  any  kind  (national  passports,  diplomatic  passports,  service  passports, 

collective passports and surrogate passports including children's passports);  

–  Computerised national identity cards  

–  Genuine citizenship certificates. 

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Annex 2 

LIST OF DOCUMENTS THE PRESENTATION OF WHICH  

SHALL INITIATE THE PROCESS FOR ESTABLISHING NATIONALITY  
(ARTICLE 2 (1) IN CONJ. WITH ARTICLE 6 (3)) 

–  Digital fingerprints or other biometric data;  

–  temporary and provisional national identity cards, military identity cards and birth certificates 

issued by the Government of the Requested Party;  

–  Photocopies* of any of the documents listed in Annex 1 to this Agreement; 

–  driving licenses or photocopies* thereof; 

–  photocopies*  of  other  official  documents  that  mention  or  indicate  citizenship  (e.g.  birth 

certificates); 

–  service cards, seaman’s registration cards, skipper’s service cards or photocopies* thereof; 

–  statements made by the person concerned; 

For the purpose of this Annex, the term “photocopies” shall mean photocopies officially 

* 
authenticated by the authorities of Pakistan or the Member States. 

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Annex 3 

COMMON LIST OF DOCUMENTS  

WHICH SHALL BE CONSIDERED AS MEANS OF EVIDENCE OF THE 
CONDITIONS FOR THE READMISSION OF THIRD COUNTRY 
NATIONALS AND STATELESS PERSONS 
(ARTICLE 3 (1) IN CONJ. WITH ARTICLE 7 (1)) 

–  entry  and/or  departure  stamps/endorsements  in  the  travel  document  of  the 

person concerned; 

–  valid visa and/or residence authorization issued by the Requested State. 

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Annex 4 

COMMON LIST OF DOCUMENTS  

WHICH ARE CONSIDERED AS MEANS OF EVIDENCE TO INITIATE THE 
INVESTIGATIONS FOR THE READMISSION OF THIRD COUNTRY 
NATIONALS AND STATELESS PERSONS 
(ARTICLE 3 IN CONJ. WITH ARTICLE 7(2)) 

–  official statements made, in particular, by border authority staff and other official, or 
bona  fide  witnesses  (e.g.  airline  staff)  who  can  testify  to  the  person  concerned 
crossing the border; 

–  description,  by  the  competent  authorities  of  the  Requesting  State,  of  the  place  and 
circumstances under which the person concerned has been intercepted after entering 
the territory of the requesting 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; 

–  statement by the person concerned; 

–  named  tickets  as  well  as  certificates  and  bills  of  any  kind  (e.g.  hotel  bills, 
appointment  cards  for  doctors/dentists,  entry  cards  for  public/private  institutions, 
etc.)  which  clearly  show  that  the  person  concerned  stayed  on  the  territory  of  the 
Requested State; 

–  named tickets and/or passenger lists of air or boat passages which show the itinerary 

on the territory of the Requested State; 

–  information showing that the person concerned has used the services of a courier or 

travel agency. 

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[Emblem of Pakistan] 

……………………………………… 

……………………………………… 

……………………………………… 

(Place and date) 

Annex 5 

(Designation of requesting authority) 

Reference: ………………………………… 

To 

……………………………………… 

……………………………………… 

……………………………………… 

(Designation of requested authority) 

READMISSION APPLICATION 

Pursuant to Article 5 of the Agreement of (date of signature) between 
the European Community and the Islamic Republic of Pakistan 
on the readmission of persons residing without authorization 

A. 

PERSONAL DETAILS 

1. 

Full name (underline surname): 

………………………………………………………. 

2. 

Maiden name: 

………………………………………………………. 

3. 

Date and place of birth: 

………………………………………………………. 

4. 

Sex and physical description (height, colour of eyes, distinguishing marks etc.): 

………………………………………………………………………………………………………. 

5. 

Also known as (earlier names, other names used/by which known or aliases): 

………………………………………………………………………………………………………. 

Photograph 

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6. 

Nationality and language: 

………………………………………………………………………………………………………. 

7. 

Civil status: 

married 

single 

divorced 

widowed 

If married: 
Name of spouse …………………………………………………..…..… 
Names and age of children (if any) …………………………………………………..……. 

………………………………...……………...……….. 
………………………………………..……………….. 
……………………………………………………..….. 

Last address in the  

8. 
(a) Requesting Party: 
(b) Requested Party: 

……………………………………………………………………………………………………………….. 

1. 

2. 

1. 

2. 

3. 

4. 

B. 

SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

State of health 
(e.g. possible reference to special medical care; Latin name of contagious disease): 
………………………………………………………………………………………………………. 

Indication of particularly dangerous person 
(e.g. suspected of serious offence; aggressive behaviour): 
………………………………………………………………………………………………………. 

C. 

MEANS OF EVIDENCE ATTACHED 

……………………………………………… 
(Passport No.) 
……………………………………………… 
(Issuing authority) 
……………………………………………… 
(Identity card No.) 
……………………………………………… 
(Issuing authority) 
……………………………………………… 
( Birth Certificate) 
……………………………………………… 
(Issuing authority) 
……………………………………………… 
(Other official document No.) 
……………………………………………… 
(Issuing authority) 

……………………………………………… 
(date and place of issue) 
……………………………………………… 
(expiry date) 
……………………………………………… 
(date and place of issue) 
……………………………………………… 
(expiry date) 
……………………………………………… 
(date and place of issue) 
……………………………………………… 
(expiry date) 
……………………………………………… 
(date and place of issue) 
……………………………………………… 
(expiry date) 

………………………………………………………………………………………………………………… 
………………………………………………………………………………………………………………… 
………………………………………………………………………………………………………………… 

D. 

OBSERVATIONS 

……………………………………….. 

(Signature) (Seal/stamp) 

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Annex 6 

……………………………………… 
(Place and date) 

[Emblem of Pakistan] 

……………………………………… 
……………………………………… 
(Designation of requesting authority) 

Reference: ………………………………… 

To 
……………………………………… 
……………………………………… 
……………………………………… 
(Designation of requested authority) 

TRANSIT APPLICATION 

Pursuant to Articles 11-12 of the Agreement of (date of signature) between 
the European Community and the Islamic Republic of Pakistan 
on the readmission of persons residing without authorization 

A. 

PERSONAL DETAILS 

1. 

Full name (underline surname): 
………………………………………………………. 
Maiden name: 

Date and place of birth: 

2. 
………………………………………………………. 
3. 
………………………………………………………. 
4. 
Sex and physical description (height, colour of eyes, distinguishing marks etc.): 
………………………………………………………………………………………………………. 
5. 

Also known as (earlier names, other names used/by which known or aliases): 
………………………………………………………………………………………………………. 
Nationality and language: 

6. 
………………………………………………………………………………………………………. 
7. 
………………………………………………………………………………………………………. 

Type and number of travel document:  

Photograph 

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1. 

Type of transit  

B. 

TRANSIT OPERATION 

by air 

by sea 

by land 

2. 

3. 

4. 

State of final destination  

………………………………………………………………………………………………………. 

Possible other States of transit 

………………………………………………………………………………………………………. 

Proposed border crossing point, date, time of transfer and possible escorts 

………………………………………………………………………………………………………. 
………………………………………………………………………………………………………. 
………………………………………………………………………………………………………. 

5. 

Admission assured in any other transit State and in the State of final destination 

yes 

no 

C. 

OBSERVATIONS 

………………………………………………………………………………………………………………… 
………………………………………………………………………………………………………………… 
………………………………………………………………………………………………………………… 

……………………………………….. 

(Signature) (Seal/stamp) 

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Joint Declaration on Article 1(f) 

For  the  purpose  of  Article  1(f),  the  Parties  agree  that  residence  authorization  shall  not  include 
temporary  permissions  to  remain  on  their  territories  in  connection  with  the  processing  of  an 
asylum application or an application for a residence authorization. 

Joint Declaration on Article 2 (1) 

The Parties take note that, according to the current Pakistan Citizenship Act, 1951, and the Rules 
made thereunder, a citizen of Pakistan cannot renounce his citizenship without having acquired 
or having been given a valid document assuring the grant of citizenship or nationality of another 
State. 

The Parties agree to consult each other as and when the need arises. 

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Joint Declaration on Article 3 

With regard to Article 3, the Parties will endeavour to return, as a matter of principle, any 
third  country  national  or  stateless  person  who  does  not,  or  who  no  longer,  fulfils  the 
conditions in force for entry to, presence in, or residence on the territory of either Party, 
to his or her country of origin. 

Joint Declaration on Article 3 (1) (b) 

The Parties agree that mere airside transit stays in a third-country shall not be considered 
as ‘having entered another country in-between’ in the meaning of those provisions. 

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Joint Declaration on Article 8(2) 

The  Parties  agree  that  with  regard  to  readmission  applications  submitted  by  Member 
States  whose  maximum  detention  periods  in  their  national  legislation  is  lower  than,  or 
equal to, 30 days, the time limit of 30 calendar days mentioned in Article 8(2) includes, 
in  case  of  a  positive  reply  to  the  readmission  application,  the  issuing  of  the  travel 
document required for his or her readmission in respect of Article 2(2) and Article 3(4) of 
the Agreement. 

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Joint Declaration between the European Commission and Pakistan on 
Legal Migration 

In  keeping  with  Pakistan’s  interest  in  benefiting  from  opportunities  for  legal  migration 
existing  in  the  Member  States  of  the  European  Union,  the  Parties  agreed  that  the 
application  of  the  EC  -  Pakistan  Readmission  Agreement  will  be  instrumental  in 
encouraging individual Member States to offer legal migration opportunities to Pakistani 
citizens.  In  this  context,  the  European  Commission  calls  upon  Member  States  to  enter 
into  talks  with  Pakistan,  according  to  their  own  national  legislation,  regarding  legal 
migration possibilities of Pakistani citizens.  

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Joint Declaration on Technical Assistance 

The  Parties  are  committed  to  implement  this  Agreement  on  the  basis  of  shared 
responsibility  and  a  balanced  partnership  in  a  spirit  of  solidarity  as  regards  the 
management of migratory flows between the EU and Pakistan.  

In this context, the European Union will support Pakistan, through Community assistance 
programmes, notably the Aeneas Programme, in the implementation of all components of 
this  Agreement,  including  support  aimed  at  resettlement  and  welfare  of  the  readmitted 
persons.  

Such  support  can  in  principle  also  cover  fostering  the  links  between  migration  and 
development,  organising  and  promoting  legal  economic  migration,  managing  illegal 
migration, protecting migrants against exploitation and exclusion. 

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Joint Declaration concerning Denmark 

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

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Joint Declaration concerning Iceland and Norway  

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

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Joint Declaration on a Comprehensive Dialogue on Migration Management 

The Parties are committed to engage in a comprehensive dialogue on migration management 
within  the  framework  of  the  Joint  Commission  to  be  established  under  the  EC  –  Pakistan 
Third  Generation  Cooperation  Agreement.  This  dialogue  will  include  visa  policies,  with  a 
view to facilitating people-to-people exchanges. 

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