Proposal for a Council Decision concerning the signature of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation
Date: 2010-05-05
Institutions: European Commission
Subjects: Georgia, admission of aliens, cooperation agreement (EU), residence permit, signature of an agreement

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EUROPEAN COMMISSION  

Brussels, 5.5.2010 
COM(2010)199 final 

2010/0107 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the signature of the Agreement between the European Union  
and Georgia on the readmission of persons residing without authorisation 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

Following the August 2008 conflict in Georgia, the Extraordinary European Council held in 
Brussels  on  1  September  2008  decided  "to  step  up  relations  with  Georgia,  including  visa 
facilitation  measures".  According  to  the  December  2005  COREPER  common  approach  for 
the  development  of  the  EU  policy  on  visa  facilitation  in  principle,  a  visa  facilitation 
agreement would not be concluded if no readmission agreement were in place. 

On  27  November  2008,  the  Justice  and  Home  Affairs  Council  formally  authorised  the 
Commission  to  negotiate  a  readmission  agreement  between  the  European  Community  and 
Georgia. In February 2009 the Commission transmitted a draft text to the Georgian authorities 
and  the  first  round  of  formal  negotiations  could  be  held  in  Brussels  on  2  April  2009.  Two 
further  formal  rounds  of  negotiations  took  place,  the  last  one  in  Brussels  on  24-25  August 
2009. 

Following a consultation and approval process on both sides as well as further clarification of 
a few additional points, the agreed text was initialled on 25 November 2009 in Brussels by the 
Chief Negotiators of both Parties. 

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

On  the  part  of  the  Union,  the  legal  basis  for  the  Agreement  is  Article  79(3),  in  conjunction 
with Article 218 of TFEU.  

The  attached  proposal  constitutes  the  legal  instrument  for  the  signature  of  the  readmission 
agreement. The Council will decide by qualified majority. The European Parliament's consent 
will  be  required  for  the  conclusion  of  the  Agreement,  in  accordance  with  Art.  218(6)(a)  of 
TFEU. 

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 Union. 

The final content of it can be summarised as follows: 

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The Agreement is divided into 8 sections with 24 articles altogether. It also contains 
6 annexes, which form an integral part of it, and 4 joint declarations.  

The readmission obligations set out in the Agreement (Articles 2 - 5) are drawn up in 
a fully reciprocal way, comprising own nationals (Articles 2 and 4) as well as third 
country nationals and stateless persons (Articles 3 and 5).  

The  obligation  to  readmit  own  nationals  includes  also  former  own  nationals  who 
have  renounced,  forfeited  or  who  have  been  deprived  of  their  nationality  without 
acquiring the nationality of another State. 

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- 

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The readmission obligation with regard to own nationals covers also family members 
(i.e.  spouses  and  minor  unmarried  children)  regardless  of  their  nationality  and  who 
do not have an independent right of residence in the Requesting State.  

The  obligation  to  readmit  third  country  nationals  and  stateless  persons  (Articles  3 
and 5) 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  permit 
issued  by  the  Requested  State  or  (b)  the  person  concerned  illegally  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  issued  a  visa  or  residence  permit  before  or  after 
the entry to its territory. 

For own nationals as well as for third country nationals or stateless persons, in case 
of  expiry  of  specified  delay,  Georgia  accepts  the  use  of  the  EU's  standard  travel 
document for expulsion purposes (Articles 2(5) and 3(3)). 

Section III of the Agreement (Articles 6 to 12 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 12). 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  travel  document  or  identity 
card (Article 6(2)).  

In its Article 6(3), the Agreement sets out the so-called accelerated procedure, which 
has been agreed upon for persons apprehended in the “border region”, i.e. within an 
area  which  extends  up  to  5  kilometres  from  the  territories  of  seaports  including 
custom  zones  and  from  international  airports  of  Member  States  or  Georgia.  Under 
the  accelerated  procedure,  readmission  applications  have  to  be  submitted  within  2 
days, and replies have to be given within 2 working days whereas under the normal 
procedure, the time limit for replies is 12 calendar days. 

The Agreement contains a section on transit operations (Articles 13 and 14 in conj. 
with annex 6). 

Articles 15, 16 and 17 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 18. 

In  order  to  facilitate  the  implementation  of  this  Agreement,  Article  19  creates  the 
possibility  for  Georgia  and  individual  Member  States  to  conclude  bilateral 
implementing  Protocols.  The  relation  between  the  bilateral  implementing  Protocols 
and this Agreement is clarified by Article 20. 

The final provisions (Art. 21 to 24) 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(d), Article 
21(2) and in a joint declaration attached to the Agreement. The close association of 
Norway,  Iceland  and  Switzerland 
implementation,  application  and 
development of the Schengen Acquis is likewise reflected in a joint declaration to the 
Agreement. 

the 

to 

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  Union  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf 
of the Union; 

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2010/0107 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 

on the signature of the Agreement between the European Union 
and Georgia on readmission of persons residing without authorisation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 79(3), in conjunction with Article 218 (5), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On  27  November  2008  the  Council  authorised  the  Commission  to  open  negotiations 
with  Georgia  on  readmission  of  persons  residing  without  authorisation.  The 
negotiations  were  successfully  concluded  by  the  initialling  of  the  Agreement  on  25 
November 2009.  

The Agreement should be signed by the negotiator on behalf of the European Union, 
subject to its conclusion at a later date. 

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  on  the 
functioning of the European Union, the United Kingdom has notified its wish to take 
part in the adoption and application of this Decision. 

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  on  the 
functioning  of  the  European  Union,  and  without  prejudice  to  Article  4  of  the  said 
Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

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 on the functioning of the 
European Union, 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 ADOPTED THIS DECISION:  

Article 1 

The  Commission  is  authorised  to  sign,  on  behalf  of  the  European  Union,  the  Agreement 
between  the  European  Union  and  Georgia  on  readmission  of  persons  residing  without 
authorisation, and to designate the persons empowered to proceed to the signature.  

The text of the Agreement to be signed is attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

AGREEMENT 
between the European Union and Georgia 
on the readmission of persons residing without authorization 

THE HIGH CONTRACTING PARTIES, 

THE EUROPEAN UNION, hereinafter referred to as “the Union”, 

and 

GEORGIA, 

DETERMINED to strengthen their co-operation 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 
Georgia  or  one  of  the  Member  States  of  the  European  Union,  and  to  facilitate  the  transit  of 
such persons in a spirit of co-operation, 

EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and 
responsibilities  of  the  Union,  its Member  States and Georgia arising from International Law 
and,  in  particular,  from  the  European Convention of 4 November  1950  for the Protection of 
Human Rights and Fundamental Freedoms and the Convention of 28 July 1951 on the Status 
of Refugees as amended by the Protocol of 31 January 1967, 

CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V 
of  Part  Three  of  the  Treaty  on  the  functioning  of  the  European  Union,  do  not  apply  to  the 
United  Kingdom  and  Ireland,  unless  they  “opt-in”  in  accordance  with  the  Protocol  on  the 
position of the United Kingdom and Ireland in Respect of the Area of Freedom, Security and 
Justice  Annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  functioning  of  the 
European Union, 

CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V 
of  Part  Three  of  the  Treaty  on  the  functioning  of  the  European  Union,  do  not  apply  to  the 
Kingdom of Denmark, in accordance with the Protocol on the position of Denmark Annexed 
to the Treaty on European Union and the Treaty on the functioning of the European Union, 

HAVE AGREED AS FOLLOWS: 

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Article 1  

Definitions 

For the purpose of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

'Contracting Parties' shall mean Georgia and the Union; 

'National of Georgia' shall mean any person who holds the citizenship of Georgia; 

'National  of  a  Member  State'  shall  mean  any  person  who  holds  the  nationality,  as 
defined for Union purposes, of a Member State; 

'Member  State'  shall  mean  any  Member  State  of  the  European  Union,  with  the 
exception of the United Kingdom, Ireland and the Kingdom of Denmark; 

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

'Stateless person' shall mean any person who does not hold a nationality of any state;  

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

'Visa' shall mean an authorisation issued or a decision taken by Georgia 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  (Georgia  or  one  of  the  Member  States) 
submitting  a  readmission  application  pursuant  to  Article  7  or  a  transit  application 
pursuant to Article 14 of this Agreement; 

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

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

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

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(m) 

'Border  region'  shall  mean  an  area  which  extends  up  to  5  kilometres  from  the 
territories  of  seaports  including  custom  zones,  and  international  airports  of  the 
Member States and Georgia.  

SECTION I 

READMISSION OBLIGATIONS BY GEORGIA 

Article 2 

Readmission of own nationals 

1. 

Georgia  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  it  is  proved,  or  may  be 
validly assumed on the basis of prima facie evidence furnished, that they are nationals 
of Georgia. 

2. 

Georgia shall also readmit: 

–  minor unmarried children of the persons mentioned in paragraph 1, regardless of 
their  place  of  birth  or  their  nationality,  unless  they  have  an  independent  right  of 
residence in the Requesting Member State or hold a valid residence permit issued 
by another Member State, 

–  spouses,  holding  another  nationality,  of  the  persons  mentioned  in  paragraph  1, 
provided they have the right to enter and stay or receive the right to enter and stay 
in the territory of Georgia, unless they have an independent right of residence in 
the  requesting  Member  State  or  hold  a  valid  residence  permit  issued  by  another 
Member State. 

3. 

4. 

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

After  Georgia  has  given  a  positive  reply  to  the  readmission  application,  the 
competent diplomatic mission or consular office of Georgia shall, irrespective of the 
will of the person to be readmitted, immediately and not later than within 3 working 
days, issue the travel document required for the return of the person to be readmitted 
with a period of validity of 90 days. If Georgia has not, within 3 working days, issued 

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5. 

1. 

the  travel  document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel 
document for expulsion purposes.1  

If, for legal or factual reasons, the person concerned cannot be transferred within the 
period  of  validity  of  the  travel  document  that  was  initially  issued,  the  competent 
diplomatic mission or consular office of Georgia shall, within 3 working days, extend 
the validity of the travel document or, where necessary, issue a new travel document 
with a period of validity of the same duration. If Georgia has not within 3 working 
days  issued  the  new  travel  document  or  extended  its  validity,  it  shall  be  deemed  to 
accept the use of the EU standard travel document for expulsion purposes.2 

Article 3 

Readmission of third-country nationals and stateless persons 

Georgia  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 requesting Member 
State provided that it is proved, or may be validly assumed on the basis of prima facie 
evidence furnished, that such persons: 

(a) 

(b) 

hold, at the time of the submission of the readmission application, a valid visa 
or residence permit issued by Georgia; or 

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

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 Georgia; or 

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  permit,  issued  by  Georgia, 
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 falsified documents, or by making false statements, 
or  

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2 

In line with the form set out in EU Council recommendation of 30 November 1994. 
Ibid. 

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3. 

1. 

– 

that person fails to observe any condition attached to the visa. 

(c) 

the requested State has expelled the third country national or stateless person to 
his/her state of origin or to a Third State. 

After Georgia has given a positive reply to the readmission application, it issues the 
person whose readmission has been accepted immediately and not later than within 3 
working days a travel document for expulsion purposes. If Georgia has not, within 3 
working days, issued the travel document, it shall be deemed to accept the use of the 
EU standard travel document for expulsion purposes. 

SECTION II  

READMISSION OBLIGATIONS BY THE UNION  

Article 4 

Readmission of own nationals 

A  Member  State  shall  readmit,  upon  application  by  Georgia  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 Georgia provided that it is proved, or may be validly assumed on the 
basis of prima facie evidence furnished, that they are nationals of that Member State. 

2. 

A Member State shall also readmit: 

–  minor unmarried children of the persons mentioned in paragraph 1, regardless of 
their  place  of  birth  or  their  nationality,  unless  they  have  an  independent  right  of 
residence in Georgia, 

–  spouses,  holding  another  nationality,  of  the  persons  mentioned  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  independent 
right of residence in Georgia. 

3. 

4. 

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

After  the  Requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application,  the  competent  diplomatic  mission  or  consular  office  of  that  Member 
State  shall,  irrespective  of  the  will  of  the  person  to  be  readmitted,  immediately  and 
not later than within 3 working days, issue the travel document required for the return 
of the person to be readmitted with a period of validity of 90 days. If the Requested 
Member State has not, within 3 working days, issued the travel document, it shall be 

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5. 

1. 

deemed  to  accept  the  use  of  the  Georgian  standard  travel  document  for  expulsion 
purposes.  

If, for legal or factual reasons, the person concerned cannot be transferred within the 
period  of  validity  of  the  travel  document  that  was  initially  issued,  the  competent 
diplomatic mission or consular office of the requested Member State shall, within 3 
working days, extend the validity of the travel document or, where necessary, issue a 
new travel document with a period of validity of the same duration. If the requested 
Member  State  has  not  within  3  working  days  issued  the  new  travel  document  or 
extended  its  validity,  it  shall  be  deemed  to  accept  the  use  of  the  Georgian  standard 
travel document for expulsion purposes. 

Article 5 

Readmission of third-country nationals and stateless persons 

A  Member  State  shall  readmit,  upon  application  by  Georgia  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 Georgia provided that 
it  is  proved,  or  may  be  validly  assumed  on  the  basis  of  prima  facie  evidence 
furnished, that such persons:  

(a) 

(b) 

hold, at the time of the submission of the readmission application, a valid visa 
or residence permit issued by the requested Member State; or 

illegally  entered  the  territory  of  Georgia  after  having  stayed  on,  or  transited 
through, the territory of the requested Member State.  

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 the requested Member State; or 

(b)  Georgia  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  permit,  issued  by  the 
requested Member State, which has a longer period of validity, or 

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

that person fails to observe any condition attached to the visa. 

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3. 

4. 

1. 

2. 

3. 

(c) 

the requested Member State has expelled the third country national or stateless 
person to his/her state of origin or to a Third State. 

The readmission obligation in paragraph 1 is for the Member 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  obligation  in  paragraph  1  is  for  the  Member  State  that  issued  the 
document 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. 

After  the  requested  Member  State  has  given  a  positive  reply  to  the  readmission 
application,  it  issues  the  person  whose  readmission  has  been  accepted  immediately 
and not later than within 3 working days a travel document for expulsion purposes. If 
the Member State has not, within 3 working days, issued the travel document, it shall 
be deemed to accept the use of the Georgian standard travel document for expulsion 
purposes. 

SECTION III 

READMISSION PROCEDURE 

Article 6 

Principles 

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

If the person to be readmitted is in possession of a valid travel document or identity 
card the transfer of such person can take place without the Requesting State having to 
submit a readmission application or written communication, as referred to in Article 
11(1), to the competent authority of the Requested State. 

Without  prejudice  to  paragraph  2,  if  a  person  has  been  apprehended  in  the  border 
region (including airports) of the Requesting State after illegally crossing the border 
coming directly from the territory of the Requested State, the Requesting State may 
submit a readmission application within 2 days following this person's apprehension 
(accelerated procedure). 

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Article 7 

Readmission application 

1. 

To  the  extent  possible,  the  readmission  application  is  to  contain  the  following 
information: 

(a) 

(b) 

(c) 

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  applicable,  the  particulars  of  minor  unmarried  children  and/or 
spouses; 

in  case  of  own  nationals,  indication  of  the  means  with  which  proof  or  prima 
facie evidence of nationality will be provided; 

in case of third country nationals and stateless persons, indication of the means 
with which proof or prima facie evidence of the conditions for the readmission 
of  third-country  nationals  and  stateless  persons  and  unlawful  entry  and 
residence will be provided; 

(d) 

photograph of the person to be readmitted; 

(e) 

fingerprints. 

2. 

To  the  extent  possible,  the  readmission  application  shall  also  contain  the  following 
information: 

(a) 

(f) 

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

any other protection, security measure or information concerning the health of 
the person, which may be necessary in the individual transfer case. 

3. 

4. 

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

A  readmission  application  may  be  submitted  by  any  means  of  communication,  not 
excluding electronic means. 

Article 8 

Means of evidence regarding nationality 

1. 

Proof  of  nationality  pursuant  to  Article  2  (1)  and  Article  4  (1)  can  be  particularly 
furnished  through  the  documents  listed  in  Annex  1  to  this  Agreement,  including 

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2. 

3. 

1. 

2. 

3. 

documents  whose  validity  has  expired  by  up  to  6  months.  If  such  documents  are 
presented,  the  Member  States  and  Georgia  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) and Article 4 (1) can be 
particularly  furnished  through  the  documents  listed  in  Annex  2  to  this  Agreement, 
even  if  their  period  of  validity  has  expired.  If  such  documents  are  presented,  the 
Member States and Georgia shall deem the nationality to be established, 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  presented,  or  if  they  are 
insufficient, the competent diplomatic and consular representations of the Requested 
State concerned shall, upon a request from the Requesting State which is included in 
the  readmission  application,  make  arrangements  to  interview  the  person  to  be 
readmitted without undue delay, at the latest within 4 working days from the date of 
receipt of the readmission application, in order to establish his or her nationality. The 
procedure  for  such  interviews  may  be  established  in  the  implementing  Protocols 
provided for in Article 19 of this Agreement.  

Means of evidence regarding third-country nationals and stateless persons 

Article 9 

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

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

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 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  permit  shall  likewise  provide  prima 
facie evidence of the unlawful entry, presence or residence. 

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Article 10 

Time limits  

1. 

The application for readmission must be submitted to the 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 
person does not, or does no longer, fulfil the conditions in force for entry, presence or 
residence.  Where  there  are  legal  or  factual  obstacles  to  the  application  being 
submitted  in  time,  the  time  limit  shall,  upon  request  by  the  Requesting  State,  be 
extended but only until the obstacles have ceased to exist. 

2. 

A readmission application must be replied to in writing  

–  within  2  working  days  if  the  application  has  been  made  under  the  accelerated 

procedure (Article 6(3)); 

–  within 12 calendar days in all other cases.  

This time limit begins to run with the date of receipt of the readmission request. If there was 
no reply within this time limit, the transfer shall be deemed to have been agreed to. 

3. 

4. 

1. 

2. 

Reasons shall be given in writing for the refusal of a readmission request.  

After agreement has been given or, where appropriate, after expiry of the time limits 
laid  down  in  paragraph  2,  the  person  concerned  shall  be  transferred  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 

Without prejudice to Article 6(2), before returning a person the competent authorities 
of the Requesting State shall notify in writing at least 3 working days in advance the 
competent authorities of the Requested State regarding the transfer date, the point of 
entry, possible escorts and other information relevant to the transfer.  

Transportation may take place by air or land. Return by air shall not be restricted to 
the use of the national carriers of Georgia or the Member States and may take place 
by using scheduled or, in case of nationals of the Requested State, 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 persons authorised by Georgia or any 
Member State. 

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Article 12 

Readmission in error 

The  Requesting  State  shall  take  back  any  person  readmitted  by  the  Requested  State  if  it  is 
established  within  a  period  of  6  months,  and  in  case  of  third  country  nationals  or  stateless 
persons 12 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. 

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SECTION IV 

TRANSIT OPERATIONS 

Article 13 

Principes 

1. 

2. 

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

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

3. 

Transit can be refused by Georgia or a Member State: 

(a) 

(g) 

(h) 

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, 
membership of a particular social group or political conviction in the State of 
destination or another State of transit; or  

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 

on  grounds  of  public  health,  domestic  security,  public  order  or  other  national 
interests of the Requested State. 

4. 

Georgia  or  a  Member  State  may  revoke  any  authorisation  issued  if  circumstances 
referred to in paragraph 3 subsequently arise or come to light which stand in the way 
of  the  transit  operation,  or  if  the  onward  journey  in  possible  States  of  transit  or  the 
readmission  by  the  State  of  destination  is  no  longer  assured.  In  this  case,  the 
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 

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1. 

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

(a) 

(b) 

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

the  particulars  of  the  person  concerned  (e.g.  given  name,  surname,  maiden 
name,  other  names  used/by  which  known  or  aliases,  date  of  birth,  sex  and  – 
where possible – place of birth, nationality, language, type and number of travel 
document); 

(c) 

envisaged point of entry, time of transfer and possible use of escorts;  

(d) 

a declaration that in the view of the Requesting State the conditions 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. 

3. 

4. 

5. 

The Requested State shall, within 5 calendar days after receipt of the application and 
in  writing,  inform  the  Requesting  State  of  the  admission,  confirming  the  point  of 
entry and the envisaged time of admission, or inform it of the admission refusal and 
of the reasons for such refusal. 

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.  

The  competent  authorities  of  the  Requested  State  shall,  subject  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. 

Transit of the persons shall be carried out within 30 days upon receiving of consent 
on the request. 

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 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. 

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SECTION VI 

DATA PROTECTION AND NON-AFFECTION CLAUSE 

Article 16 

Data Protection 

The communication of personal data shall only take place if such communication is necessary 
for  the  implementation  of  this  Agreement  by  the  competent  authorities  of  Georgia  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 Georgia and, where the controller is a 
competent  authority  of  a  Member  State,  to  the  provisions  of  Directive  95/46/EC  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 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; 

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(f) 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 those 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 an obligation to make a written 
record of the communication and receipt of personal data. 

Article 17 

Non-affection clause 

1. 
This agreement shall be without prejudice to the rights, obligations and responsibilities 
of  the  Union,  the  Member  States  and  Georgia  arising  from  International  Law  and,  in 
particular, from:  

–  the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 

January 1967 on the Status of Refugees, 

–  the international conventions determining the State responsible for examining applications 

for asylum lodged, 

–  the  European  Convention  of  4  November  1950  for  the  Protection  of  Human  Rights  and 

Fundamental Freedoms and its Protocols, 

–  the  UN  Convention  of  10  December  1984  against  Torture  and  other  Cruel,  Inhuman  or 

Degrading Treatment or Punishment, 

–  international conventions on extradition and transit, 

–  multilateral  international  conventions  and  agreements  on  the  readmission  of  foreign 
nationals, such as the Convention on International Civil Aviation of 7 December 1944. 

Nothing in this Agreement shall prevent the return of a person under other formal or 

2. 
informal arrangements. 

SECTION VII 

IMPLEMENTATION AND APPLICATION 

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Article 18 

Joint readmission committee 

1. 

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

2. 

3. 

4. 

5. 

1. 

(a) 

to monitor the application of this Agreement; 

(b) 

(c) 

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

to have regular exchanges of information on the implementing Protocols drawn 
up by individual Member States and Georgia pursuant to Article 19;  

(d) 

to recommend amendments to this Agreement and its Annexes. 

The decisions of the committee shall be binding on the Contracting Parties. 

The committee shall be composed by representatives of the Union and Georgia. 

The  committee  shall  meet  where  necessary at  the  request  of  one  of  the  Contracting 
Parties. 

The committee shall establish its rules of procedures. 

Article 19 

Implementing Protocols 

On request of a Member State or Georgia, Georgia and a Member State shall draw up 
an implementing Protocol which shall, inter alia, cover rules on: 

(a) 

(b) 

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

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

(c)  means  and  documents  additional  to  those  listed  in  the  Annexes  1  to  4  to  this 

agreement; 

(d) 

the modalities for readmission under the accelerated procedure; 

(e) 

the procedure for interviews. 

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2. 

3. 

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. 

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

Article 20 

Relation to bilateral readmission agreements  
or arrangements of Member States 

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

SECTION VIII 

FINAL PROVISIONS 

Article 21 

Territorial application 

1. 

2. 

Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty 
on  European  Union  and  the  Treaty  on  the  functioning  of  the  European  Union  are 
applicable and to the territory of Georgia. 

This Agreement shall not apply to the territory of the United Kingdom, Ireland and 
the Kingdom of Denmark. 

Article 22 

Amendments to the Agreement 

This  Agreement  may  be  amended  and  supplemented  by  mutual  consent  of  the  Contracting 
Parties.  Amendments  and  supplements  shall  be  drawn  up  in  the  form  of  separate  protocols, 
which shall form an integral part of this Agreement, and enter into force in accordance with 
the procedure laid down in Article 23 of this Agreement. 

Article 23 

Entry into force, duration and termination 

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1. 

2. 

3. 

4. 

This Agreement shall be ratified or approved by the Contracting 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 last Contracting Party has notified the other that the procedures 
referred to in the first paragraph have been completed. 

This Agreement is concluded for an unlimited period. 

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

Article 24 

Annexes 

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

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

For the European Union 

For Georgia 

(…) 

(…) 

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ANNEX 1 

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

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

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

passports and surrogate passports including children’s passports), 

–  identity cards (including temporary and provisional ones), 

–  citizenship  certificates  and  other  official  documents  that  mention  or  clearly  indicate 

citizenship, 

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ANNEX 2 

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

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

Where the Requested state is either one of the Member States or Georgia: 

–  documents listed in Annex 1 whose validity has expired by more than 6 months, 

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

–  driving licenses or photocopies thereof, 

–  birth certificates or photocopies thereof, 

–  company identity cards or photocopies thereof, 

–  statements by witnesses, 

–  statements made by the person concerned and language spoken by him or her, including by 

means of an official test result, 

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

–  service books and military identity cards, 

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

–  laissez-passer issued by the Requested State. 

Where the Requested State is Georgia: 

–  confirmation of identity as a result of a search carried out in the Visa Information System3, 

–  in the case of Member States not using the Visa Information System, positive identification 

established from visa application records of those Member States. 

3 

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning 
the Visa Information System (VIS) and the exchange of date between Member States on short-stay visas 
(VIS Regulation), OJ L 218 of 13.8.2008, p. 60 

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ANNEX 3 

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

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

–  visa and/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), 

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ANNEX 4 

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

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

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

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

International organisation (e.g. UNHCR); 

–  reports/confirmation of information by family members, travelling companions, etc.; 

–  statement by the person concerned. 

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

agency; 

–  official  statements  made,  in  particular,  by  border  authority  staff  and  other  witnesses  who 

can testify the fact of the border crossing for the person concerned; 

–  official statement by the person concerned in judicial or administrative proceedings; 

–  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 concerned 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. 

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ANNEX 5 

[Emblem of Republic of Georgia]  

................

................

................

..............

………… 

................

................

................

................

.…….. 

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

(Place and date) 

(Designati

on of 

requesting 

authority)

Reference: .............................................…………… 

To 

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

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

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

(Designation of requested authority) 

 

 

ACCELERATED PROCEDURE (Article 6(3)) 

INTERVIEW REQUEST (Article 8(3)) 

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1. 

READMISSION APPLICATION 

pursuant to Article 7 of the Agreement of........... between  

the European Union and Georgia 

on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 
Full name (underline surname): 

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

2. Maiden name: 

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

3. Date and place of birth: 

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

Photograph 

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): 

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

6. Nationality and language: 

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

7. Civil status: (cid:0) married (cid:0) single (cid:0) divorced (cid:0) widowed 

If married: 

name of spouse .............................................................................................................................. 

Names and age of children (if any) 

........................................................................................... 

........................................................................................... 

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

.......................................................................................... 

8. Last address in the requested State: 

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

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B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE) 

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): 

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

6. Nationality and language: 

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

C. PERSONAL DETAILS OF CHILDREN (IF APPROPRIATE) 

1. Full name (underline surname): ...................................................................................................................................... 

2. Date and place of birth: …………………………............................................................……………………………… 

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

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

4. Nationality and language: 

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

D. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 

1. State of health  

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

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

2. Indication of particularly dangerous person  

(e.g. suspected of serious offence; aggressive behaviour): 

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

E. MEANS OF EVIDENCE ATTACHED 

1. .................................................................………… 

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

(Passport No.) 

(date and place of issue) 

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

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

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(issuing authority) 

(expiry date) 

2. .................................................................………… 

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

(Identity card No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

3. .................................................................………… 

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

(Driving licence No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

4. .................................................................………… 

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

(Other official document No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

F. OBSERVATIONS 

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

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

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

................................................... 

(Signature) (Seal/stamp) 

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ANNEX 6 

[Emblem of Republic of Georgia]  

................

................

................

..............

………… 

................

................

................

................

.……… 

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

(Place and date) 

(Designation 

of 

requesting 

authority) 

Reference 

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

To 

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

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

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

(Designation of requested authority) 

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TRANSIT APPLICATION 

pursuant to Article 14 of the Agreement of ........... between  

the European Union and Georgia 

on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 

1. Full name (underline surname): 

............................................................. 

2. Maiden name: 

............................................................. 

3. Date and place of birth: 

............................................................. 

Photograph 

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): 

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

6. Nationality and language: 

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

7. Type and number of travel document: 

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

B. 

TRANSIT OPERATION 

1. Type of transit 

(cid:137) by air 

2.  State of final destination 

(cid:137) by land 

  …………………………………………………………………………………. 

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3. Possible other States of transit 

……………………………………………………………………………………… 

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

…………………………………………………………………………………………… 

…………………………………………………………………………………………… 

…………………………………………………………………………………………… 

5.  Admission  guaranteed 
 (Article 13 paragraph 2) 

in 

any  other 

transit  State 

and 

in 

the  State  of 

final  destination  

(cid:137) yes 

(cid:137) no 

6. Knowledge of any reason for a refusal of transit (Article 13 paragraph 3) 

(cid:137) yes 

(cid:137) no 

C. OBSERVATIONS 

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

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

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

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

................................................... 

(Signature) (Seal/stamp) 

EN 

35 

   EN 

 
 
Joint Declaration concerning Articles 3(1) and 5(1) 

The  Parties  agree  that  a  person  is  'entering  directly'  from  the  territory  of  Georgia  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 Georgia, without having entered a third-country in 
between.  Airside  transit  stays  in  a  third  country  shall  not  be  considered  as  entry. 

Joint Declaration concerning Denmark 

The  Contracting  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 Georgia and Denmark conclude a readmission agreement in the same terms 
as this Agreement.  

Joint Declaration concerning Iceland and Norway 

The Contracting Parties take note of the close relationship between the European Union 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 Georgia concludes a readmission 
this  Agreement.  
in 
agreement  with 

Iceland  and  Norway 

the  same 

terms  as 

Joint Declaration concerning Switzerland 

The Contracting Parties take note of the close relationship between the European Union and 
Switzerland, particularly by virtue of the Agreement concerning the association of Switzerland 
with the implementation, application and development of the Schengen acquis, which entered 
into force on 1 March 2008. In such circumstances it is appropriate that Georgia concludes a 
readmission agreement with Switzerland in the same terms as this Agreement.  

EN 

36 

   EN