Proposal for a COUNCIL DECISION of [ ... ] concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation
Date: 2012-06-22
Institutions: European Commission
Subjects: Türkiye, association agreement (EU), illegal migration, return migration

EUROPEAN COMMISSION 

Brussels, 22.6.2012  
COM(2012) 239 final 

2012/0122 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 
concerning the conclusion of the Agreement between the European Union  
and the Republic of Turkey on the readmission of persons residing without 
authorisation 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL FRAMEWORK 

The negotiating directives for a European Community – Turkey readmission agreement were 
adopted by the Council on 28 November 2002. Negotiations were formally opened on 27 May 
2005 in Brussels.  

After  first  four  negotiations  rounds  (fourth  one  on  7  December  2006),  the  negotiations 
restarted in 2009. A new draft text was prepared and transmitted to Turkey on 17 December 
2009.  

Three  further  formal  negotiation  rounds  took  place  on  19  February  (Ankara),  19  March 
(Ankara) and 17 May 2010 (Brussels). An additional meeting between the Chief negotiators 
was held on 14 January 2011 in Ankara. Those meetings brought the negotiations to the end at 
the level of Chief Negotiators.  

The text was subject to the consultations on both sides. On the EU side, the outcome of the 
negotiations  was  endorsed  by  the  Justice  and  Home  Affairs  (JHA)  Council  held  on  24 
February 2011. After further contacts with Turkey, the agreed text was initialled on 21 June 
2012 in Brussels by the representatives 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 Treaty on the Functioning of the European Union.  

The attached proposal constitutes the legal instrument for the conclusion 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. 

the  conclusion  sets  out 

The  proposed  Decision  concerning 
internal 
arrangements for the practical application of the Agreement. In particular, it specifies that the 
Commission, assisted by experts from Member States, represents the Union within the Joint 
Readmission  Committee  set  up  by  Article  19  of  the  Agreement.  Under  Article  19(5)  of  the 
Agreement, the Readmission Committee shall adopt its own rules of procedure. As in the case 
for  the  other  readmission  agreements  so  far  concluded  by  the  Union,  the  Union  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 
Union position shall be established in accordance with the applicable provisions of the Treaty.  

the  necessary 

2. 

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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– 

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The Agreement is divided into 8 sections with 25 articles altogether. It also contains 
6 annexes, which form an integral part of it, and 6 joint declarations.  

The readmission obligations set out in the Agreement (Articles 3 - 6) are drawn up in 
a fully reciprocal way, comprising own nationals (Articles 3 and 5) as well as third 
country nationals and stateless persons (Articles 4 and 6).  

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

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  holds  a  residence  permit 
issued by the requested State (c) 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, all persons to whom 
the requesting State has issued a visa or residence permit before or after entry to its 
territory  and  all  persons  who  enjoy  a  visa-free  access  to  the  territory  of  the 
Requesting State. 

The readmission obligation for third country nationals or stateless persons becomes 
applicable only three years after the entry into force of the whole agreement. During 
that  period  that  obligation  will  be  applicable  to  stateless  persons  and  third  country 
nationals  coming  from  those  third  countries  with  which  Turkey  concluded 
readmission  agreements.  During  the  same  period  the  bilateral  agreements  between 
Turkey and Member States remain applicable in the relevant parts (Article 24(3)).  

For own nationals, in case there is no consular office of Turkey in a Member State or 
in case of the expiry of specified time limits for issuance of travel documents, Turkey 
accepts its positive reply to the readmission application as sufficient travel document 
for  the  readmission  of  the  person  concerned.  In  the  same  cases  for  third  country 
nationals  or  stateless  persons,  Turkey  accepts  the  use  of  the  EU's  standard  travel 
document for expulsion purposes (Articles 4(3) and 4(4)). 

Section  III  of  the  Agreement  (Articles  7  to  14  in  conjunction  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  13).  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  and,  in  case  of  third  country  nationals,  valid  visa  or  residence  permit 
issued by the Requested State (Article 7(3)).  

In its Article 7(4), the Agreement sets out the so-called accelerated procedure, which 
has  been  agreed  upon  for  persons  apprehended  in  the  “border  region”,  i.e.  an  area 
within  the  Requesting  State's  territory  extending  inwards  up  to  20  kilometres  from 

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the  external  border  of  that  State,  whether  or  not  the  border  is  shared  between  the 
Requesting State and the Requested State as well as the sea ports including customs 
zones  and  international  airports  of  the  Requesting  State.  Under  the  accelerated 
procedure, readmission applications have to be submitted within 3 working days, and 
replies have to be given within 5 working days. 

Under the normal procedure, the time limit for replies to readmission applications is 
25 calendar days except for the Requesting State which has a shorter initial detention 
period  in  the  national  legislation,  in  which  case  that  shorter  period  will  apply.  The 
initial period may be extended up to 60 calendar days except for the Requesting State 
with the maximum detention period of less or equal to 60 days.  

The Agreement contains a section on transit operations (Articles 14 and 15 in conj. 
with annex 6). 

Articles 16, 17 and 18 contain the necessary rules on costs, data protection and the 
relation to other International obligations and existing EU Directives. The agreement 
is without prejudice to other arrangements relating  to areas  other than readmission, 
such as voluntary return. 

The Joint Readmission Committee will be composed, and have the tasks and powers, 
as set out in Article 19. 

In order to execute this Agreement in practice, Article 20 creates the possibility for 
Turkey and individual Member States to conclude bilateral implementing Protocols. 
The  relation  between  the  bilateral  implementing  Protocols  and  this  Agreement  is 
clarified by Article 21. 

The  final  provisions  (Articles  22  to  25)  contain  the  necessary  rules  on  entry  into 
force, duration, technical assistance, termination and the legal status of the annexes 
to the agreement.  

The specific situation of Denmark is reflected in the preamble, Article 1(d), Article 
22(2) and in a joint declaration attached to the Agreement. The close association of 
Norway,  Iceland,  Liechtenstein  and  Switzerland  to  the  implementation,  application 
and development of the Schengen acquis is likewise reflected in a joint declaration 
attached to the Agreement. 

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3. 

CONCLUSIONS 

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

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approve,  after  having  received  consent  from  the  European  Parliament,  the  attached 
Agreement between the European Union and the Republic of Turkey on readmission 
of persons residing without authorisation. 

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2012/0122 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 
concerning the conclusion of the Agreement between the European Union  
and the Republic of Turkey on the 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 (6)(a), thereof 

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

In accordance with Council Decision 2010/XXX of [...]2, the Agreement between the 
European  Union  and  the  Republic  of  Turkey  on  readmission  of  persons  residing 
without authorisation was signed by the Commission on […], subject to its conclusion 
at a later date.  

(2) 

The Agreement should be concluded. 

(3) 

(4) 

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 Union 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  on  the 
functioning  of  the  European  Union,  the  United  Kingdom  [is  not  taking  part  in  the 
adoption  of  this  Decision  and  will  not  be  bound  by  this  Agreement  or  subject  to  its 
application  unless  it  notifies  its  wish  to  that  effect  in  accordance  with  that 
Protocol/has  notified  its  wish  to  take  part  in  the  adoption  and  application  of  this 
Decision]. 

(5) 

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 

1 
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OJ C , , p. . 
OJ L , , p. . 

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functioning of the European Union, Ireland [is not taking part in the adoption of this 
Decision and will not be bound by this Agreement or subject to its application unless it 
notifies its wish to that effect in accordance with that Protocol/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 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, 

HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement between the European Union and the Republic of Turkey on readmission of 
persons residing without authorisation is hereby concluded.  

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  notification  provided  for  in  Article  24(2)  of  the  Agreement,  in 
order to express the consent of the European Union to be bound by the Agreement. 

The  Commission,  assisted  by  experts  from  Member  States,  shall  represent  the  Union  in  the 
Joint Readmission Committee established by Article 19 of the Agreement. 

Article 3 

Article 4 

The  position  of  the  Union  within  the  Joint  Readmission  Committee  with  regard  to  the 
adoption of its rules of procedure as required under Article 19 (5) of the Agreement shall be 
taken  by  the  Commission  after  consultation  with  a  special  committee  designated  by  the 
Council. 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Article 5 

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The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union.  

Done at Brussels,  

For the Council 
The President 

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ANNEX  

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

THE HIGH CONTRACTING PARTIES,  

THE EUROPEAN UNION, hereinafter referred to as "the Union",  

and  

THE REPUBLIC OF TURKEY, hereinafter referred to as "Turkey",  

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, 
effective  and  swift  procedures  for  the  identification  and  safe  and  orderly  return  of 
persons who do not or who no longer, fulfil the conditions for entry to, presence in, or 
residence  on  the  territories  of  Turkey  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  Turkey  arising 
from international law and, in particular, from the European Convention of 4 November 
1950  for  the  Protection  of  Human  Rights  and  the  Convention  of  28  July  1951  on  the 
Status of Refugees,  

EMPHASISING  that  this  Agreement  shall  be  without  prejudice  to  the  rights  and 
procedural guarantees for persons who are subject to return procedures in or who apply 
for  asylum  in  a  Member  State  as  laid  down  in  the  respective  legal  instruments  of  the 
European Union.  

EMPHASISING that this Agreement shall be without prejudice to the provision of the 
Agreement  of  12  September  1963  establishing  an  Association  between  the  European 
Economic  Community  and  Turkey,  its  additional  protocols,  the  relevant  Association 
Council  decisions  as  well  as  the  relevant  case-law  of  the  Court  of  Justice  of  the 
European Union.  

EMPHASISING that the persons holding a long term resident permit granted under the 
terms  of  Council  Directive  2003/109/EC  concerning  the  status  of  third-country 
nationals  who  are  long-term  residents  enjoy  a  reinforced  protection  against  expulsion 
under Article 12 of the Directive.  

EMPHASISING that this Agreement is based  on the  principles of joint responsibility, 
solidarity, and an equal partnership to manage the migratory flows between Turkey and 

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the  Union  and  that  in  this  context  the  Union  is  ready  to  make  available  financial 
resources in order to support Turkey in its implementation.  

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:  

Article 1  

Definitions 

For the purpose of this Agreement:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

'Contracting Parties' shall mean Turkey and the Union;  

'National of Turkey' shall mean any person who holds the nationality of Turkey 
in accordance with its legislation;  

'National of a Member State' shall mean any person who holds the nationality 
of a Member State of the European Union;  

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

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

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

'Residence permit' shall mean a permit of any type issued by Turkey 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 Turkey or one 
of  the  Member  States  which  is  required  with  a  view  to  entry  in,  or  transit 
through, its territory. This shall not include airport transit visa;  

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(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

1. 

2. 

'Requesting State' shall mean the State (Turkey or one of the Member States) 
submitting  a  readmission  application  pursuant  to  Article  8  or  a  transit 
application pursuant to Article 15 of this Agreement;  

'Requested State' shall mean the State (Turkey or one of the Member States) to 
which  a  readmission  application  pursuant  to  Article  8  or  a  transit  application 
pursuant to Article 15 of this Agreement is addressed;  

'Competent  Authority'  shall  mean  any  national  authority  of  Turkey  or  one  of 
the  Member  States  entrusted  with  the  implementation  of  this  Agreement  as 
designated  in  the  implementing  protocol  in  accordance  with  Article  20(1)  lit. 
(a) thereof;  

'Person  residing  without  authorisation'  shall  mean  any  person  who,  in 
accordance with the relevant procedures established under national legislation, 
does not or no longer, fulfil the conditions in force for entry to, presence in, or 
residence  on,  the  territory  of  the  Republic  of  Turkey  or  one  of  the  Member 
States;  

'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;  

'Readmission' shall mean the transfer by the Requesting State and admission by 
the Requested State of persons (nationals of the Requested State, third country 
nationals  or  stateless  persons)  who  have  been  found  illegally  entering,  being 
present  in  or  residing  in  the  Requesting  State,  in  accordance  with  the 
provisions of this Agreement;  

'Border  crossing  point'  shall  mean  any  point  designated  for  the  purpose  of 
crossing their respective borders by the Member States or Turkey;  

'Border region'  of the  Requesting State  shall mean an area within its territory 
extending  inwards  up  to  20  kilometres  from  the  external  border  of  the 
Requesting State, whether or not the border is shared between the Requesting 
State and the Requested State as well as the sea ports including customs zones 
and international airports of the Requesting State.  

Article 2 

Scope  

The provisions of this Agreement shall apply to persons who do not or who no 
longer,  fulfil  the  conditions  for  entry  to,  presence  in,  or  residence  on  the 
territories of Turkey or one of the Member States of the European Union.  

The application of the present Agreement, including Paragraph 1 above, shall 
be without prejudice to the instruments enumerated in Article 18.  

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3. 

1. 

The  present  Agreement  shall  not  apply  to  third  country  nationals  or  stateless 
persons  as  referred  to  Articles  4  and  6  who  have  left  the  territory  of  the 
Requested State more than five years before the Requesting State's competent 
authorities  has  gained  knowledge  of  such  persons  unless  the  conditions 
required for their readmission to the Requested State as stipulated by Articles 4 
and 6 can be established by means of documents enumerated in Annex 3.  

SECTION I 

READMISSION OBLIGATIONS BY TURKEY  

Article 3 

Readmission of own nationals  

Turkey shall readmit, upon application by a Member State and without further 
formalities  to  be  undertaken  by  that  Member  State  other  than  those  provided 
for  in  this  agreement,  all  persons  who  do  not  or  who  no  longer,  fulfil  the 
conditions in force under the law of that Member State or under the law of the 
European Union for entry to, presence in, or residence on, the territory of the 
requesting  Member  State  provided  that  in  accordance  with  Article  9,  it  is 
established that they are nationals of Turkey.  

2. 

Turkey shall also readmit:  

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minor unmarried children of the persons mentioned in Paragraph 1 of this 
Article, regardless of their place of birth or their nationality, unless they 
have an independent right of residence in the requesting Member State or 
if the said independent right of residence is held by the other parent who 
has legal custody of the children concerned;  

spouses,  holding  another  nationality,  of  the  persons  mentioned  in 
Paragraph 1 of this Article, provided they have the right to enter and stay 
or receive the right to enter and stay in the territory of Turkey unless they 
have an independent right of residence in the requesting Member State or 
unless  it  is  demonstrated  by  Turkey  that  according  to  its  national 
legislation the marriage in question is not legally recognised.  

Turkey  shall  also  readmit  persons  who  in  accordance  with  the  Turkish 
legislation  have  been  deprived  of,  or  who  have  renounced,  the  nationality  of 
Turkey  since  entering  the  territory  of  a  Member  State,  unless  such  persons 
have at least been promised naturalisation by that Member State. 

After  Turkey  has  given  a  positive  reply  to  the  readmission  application  or, 
where  appropriate,  after  expiry  of  the  time  limits  laid  down  in  Article  11(2), 
the  competent  consular  office  of  Turkey  shall,  irrespective  of  the  will  of  the 
person to be readmitted, within three working days, issue the travel document 
required for the return of the person to be readmitted with a period of validity 
of  three  months.  In  case  there  is  no  consular  office  of  Turkey  in  a  Member 

3. 

4. 

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5. 

1. 

State  or  if  Turkey  has  not,  within  three  working  days,  issued  the  travel 
document,  the  reply  to  the  readmission  application  shall  be  considered  as  the 
necessary travel document for the readmission of the person concerned.  

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 consular office of Turkey shall, within three working days, issue a 
new  travel  document  with  a  period  of  validity  of  the  same  duration.  In  case 
there is no consular office of Turkey in a Member State or if Turkey has not, 
within  three  working  days,  issued  the  travel  document,  the  reply  to  the 
readmission  application  shall  be  considered  as  the  necessary  travel  document 
for the readmission of the person concerned.  

Article 4  

Readmission of third-country nationals and stateless persons  

Turkey shall readmit, upon application by a Member State and without further 
formalities  to  be  undertaken  by  that  Member  State  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  in 
accordance with Article 10 it is established that such persons:  

(a)  hold,  at  the  time  of  submission  of  the  readmission  application,  a  valid 
visa  issued  by  Turkey  entering  the  territory  of  a  Member  State  directly 
from the territory of Turkey; or  

(b)  hold a residence permit issued by Turkey; or  

(c) 

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

2. 

The readmission obligation in Paragraph 1 of this Article shall not apply if:  

(a) 

(b) 

the  third  country  national  or  stateless  person  has  only  been  in  airside 
transit via an international airport of Turkey; or  

the  requesting  Member  State  has  issued  to  the  third  country  national  or 
stateless person a visa which was used by the person for the entry on the 
requesting  Member  State's  territory  or  residence  permit  before  or  after 
entering  its  territory  unless  that  person  is  in  possession  of  a  visa  or 
residence permit issued by Turkey, which has a longer period of validity, 
or  

(c) 

the third country national or stateless person enjoys a visa free access to 
the territory of the requesting Member State.  

3. 

After  Turkey  has  given  a  positive  reply  to  the  readmission  application  or, 
where  appropriate,  after  expiry  of  the  time  limits  laid  down  in  Article  11(2), 

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the Turkish authorities, if necessary, shall within three working days, issue the 
person  whose  readmission  has  been  accepted  with  the  "emergency  travel 
document for aliens" required for his or her return with a period of validity of 
at least three months. In case there is no consular office of Turkey in a Member 
State  or  if  Turkey  has  not,  within  three  working  days,  issued  the  travel 
document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel 
document for expulsion purposes.3 

If,  for  legal  or  factual  reasons,  the  person  concerned  cannot  be  transferred 
within the period of validity of the "emergency travel document for aliens" that 
was  initially  issued,  the  Turkish  authorities  shall  within  three  working  days 
extend  the  validity  of  the  "emergency  travel  document  for  aliens"  or,  where 
necessary, issue a new "emergency travel document for aliens" with the same 
period  of validity.  In  case  there  is  no  consular office of  Turkey  in  a  Member 
State  or  if  Turkey  has  not,  within  three  working  days,  issued  the  travel 
document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel 
document for expulsion purposes.4  

SECTION II  

READMISSION OBLIGATIONS BY THE UNION  

Article 5  

Readmission of own nationals  

A Member State shall readmit, upon application by Turkey and without further 
formalities  to  be  undertaken  by  Turkey  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 Turkey provided 
that in accordance with Article 9 it is established that they are nationals of that 
Member State.  

4. 

1. 

2. 

A Member State shall also readmit:  

– 

– 

minor unmarried children of the persons mentioned in Paragraph 1 of this 
Article, regardless of their place of birth or their nationality, unless they 
have  an  independent  right  of  residence  in  Turkey  or  if  the  said 
independent right of residence is held by the other parent who has legal 
custody of the children concerned;  

spouses,  holding  another  nationality,  of  the  persons  mentioned  in 
Paragraph 1 of this Article, 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 
Turkey or unless it is demonstrated by the requested Member State that 

3 
4 

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

EN 

13 

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3. 

4. 

5. 

1. 

according to its national legislation the marriage in question is not legally 
recognised.  

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

After the requested Member State has given a positive reply to the readmission 
application or, where appropriate, after expiry of the time limits laid down in 
Article  11(2),  the  competent  diplomatic  mission  or  consular  office  of  that 
Member  State  shall,  irrespective  of  the  will  of  the  person  to  be  readmitted, 
within three working days, issue the travel document required for the return of 
the person to be readmitted with a period of validity of three months. In case 
there is no diplomatic mission or consular office of a Member State in Turkey 
or if the requested Member State has not, within three working days, issued the 
travel document, the reply to the readmission application shall be considered as 
the necessary travel document for the readmission of the person concerned.  

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  that  Member  State  shall, 
within  three  working  days,  issue  a  new  travel  document  with  a  period  of 
validity of the same duration. In case there is no diplomatic mission or consular 
office of a Member State in Turkey or if the requested Member State has not, 
within  three  working  days,  issued  the  travel  document,  the  reply  to  the 
readmission  application  shall  be  considered  as  the  necessary  travel  document 
for the readmission of the person concerned.  

Article 6  

Readmission of third-country nationals and stateless persons  

A Member State shall readmit, upon application by Turkey and without further 
formalities  to  be  undertaken  by  Turkey  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  Turkey  provided  that  in  accordance  with  Article  10  it  is 
established that such persons:  

(a)  hold,  at  the  time  of  submission  of  the  readmission  application,  a  valid 
visa  issued  by  the  requested  Member  State  entering  the  territory  of 
Turkey directly from the territory of the requested Member State; or  

(b)  hold a residence permit issued by the requested Member State; or  

(c) 

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

2. 

The readmission obligation in Paragraph 1 of this Article shall not apply if:  

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(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)  Turkey has issued to the third country national or stateless person a visa 
which  was  used  by  the  person  for  the  entry  on  the  Turkish  territory  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  

(c) 

the third country national or stateless person enjoys a visa free access to 
the territory of Turkey.  

The  readmission  obligation  in  Paragraph  1  of  this  Article  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  Member  State  has  given  a  positive  reply  to  the  readmission 
application or, where appropriate, after expiry of the time limits laid down in 
Article  11(2),  the  Member  State's  authorities,  if  necessary,  shall  within  three 
working days, issue the person whose readmission has been accepted the travel 
document  required  for  his  or  her  return  with  a  period  of  validity  of  at  least 
three months. In case there is no diplomatic mission or consular office of the 
Member State in Turkey or if the Member State has not, within three working 
days, issued the travel document, it shall be deemed to accept the use of the EU 
standard travel document for expulsion purposes.5 

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 
Member State's authorities shall within three working days extend the validity 
of the travel document or, where necessary, issue a new travel document with 
the same period of validity. In case there is no diplomatic mission or consular 
office  of  the  Member  State  in  Turkey  or  if  the  Member  State  has  not,  within 
three  working  days,  issued  the  travel  document,  it  shall  be  deemed  to  accept 
the use of the EU standard travel document for expulsion purposes.6 

3. 

4. 

5. 

5 
6 

Ibid. 
Ibid. 

EN 

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SECTION III  

READMISSION PROCEDURE  

Article 7  

Principles  

1. 

2. 

3. 

4. 

The  Member  States  and  Turkey  shall  make  every  effort  to  return  a  person 
referred  to  in  Articles  4  and  6  directly  to  the  country  of  origin.  For  this 
purpose, the modalities of the application of this Paragraph shall be determined 
in accordance with Article 19(1)(b). The provisions of this Paragraph shall not 
apply to cases in which the accelerated procedure is applicable in accordance 
with Paragraph 4 of this Article.  

Subject to Paragraph 3 of this Article, any transfer of a person to be readmitted 
on the basis of one of the obligations contained in Articles 3 to 6 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 and, in the case of third country nationals or stateless persons, a 
valid  visa  used  by  the  person  for  the  purpose  of  entry  on  the  territory  of  the 
Requested  State  or  a  residence  permit  of  the  Requested  State,  the  transfer  of 
such  person  shall  take  place  without  the  Requesting  State  having  to  submit  a 
readmission  application  or  written  notification  referred  to  in  Article  12(1)  to 
the competent authority of the Requested State.  

The  previous  Subparagraph  shall  not  prejudice  the  right  of  the  relevant 
authorities to verify at the border the identity of the readmitted persons.  

Without  prejudice  to  Paragraph  3  of  this  Article,  if  a  person  has  been 
apprehended by the Requesting State in the border region after having entered 
illegally and directly from the territory of the Requested State, the Requesting 
State  may  submit  a  readmission  application  within  three  working  days 
following this person’s apprehension (accelerated procedure). 

Article 8  

Content of the readmission application 

1. 

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

(a) 

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

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16 

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(b) 

(c) 

in  case  of  own  nationals,  indication  of  the  means  with  which  proof  or 
prima  facie  evidence  of  nationality  will  be  provided  as  set  out  by 
Annexes 1 and 2 respectively;  

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 as provided 
for by Annexes 3 and 4 respectively;  

(d)  photograph of the person to be readmitted.  

2. 

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

3. 

4. 

5. 

1. 

2. 

(a) 

(b) 

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.  

Without  prejudice  to  Article  7(3),  any  readmission  application  shall  be  in 
writing and shall use a common form attached as Annex 5 to this Agreement.  

A readmission application may be submitted by any means of communication 
including electronic ones e.g. facsimiles, e-mails etc.  

Without prejudice to Article 11(2), a reply to the readmission application will 
be given in writing.  

Article 9  

Evidence regarding nationality  

Proof of nationality pursuant to Article 3(1) and Article 5(1) can be particularly 
furnished through the documents listed in Annex 1 to this Agreement. If such 
documents  are  presented,  the  Member  States  or  Turkey  respectively  shall  for 
the  purpose  of  this  Agreement,  recognise  the  nationality.  Proof  of  nationality 
cannot be furnished through false documents.  

Prima  facie  evidence  of  nationality  pursuant  to  Article  3(1)  and  Article  5(1) 
shall 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  Turkey  shall  deem  for  the  purpose  of  this 
Agreement, the nationality to be established, unless following an investigation 
and  within  the  time  limits  laid  down  in  Article  11,  the  Requested  State 
demonstrates  otherwise.  Prima  facie  evidence  of  nationality  cannot  be 
furnished through false documents.  

EN 

17 

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3. 

1. 

2. 

3. 

1. 

If  none  of  the  documents  listed  in  Annexes  1  or  2  can  be  presented,  the 
competent  diplomatic  and  consular  representations  of  the  Requested  State 
concerned shall, upon a request included in the readmission application by the 
Requesting State, make arrangements to interview the person to be readmitted 
without  undue  delay,  within  seven  working  days  from  the  requesting  day,  in 
order  to  establish  his  or  her  nationality.  In  case  there  are  no  diplomatic  or 
consular  representations  of  the  Requested  State  in  the  Requesting  State,  the 
former shall make the necessary arrangements in order to interview the person 
to be readmitted without undue delay, at the latest within seven working days 
from the requesting day. The procedure for such interviews may be established 
in the implementing Protocols provided for in Article 20 of this Agreement.  

Article 10  

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 4(1) and Article 6(1) shall be particularly 
furnished by means of the evidence listed in Annex 3 to this Agreement. Proof 
of  the  conditions  for  the  readmission  cannot  be  furnished  through  false 
documents.  

Prima  facie  evidence  of  the  conditions  for  the  readmission  of  third-country 
nationals and stateless persons laid down in Article 4(1) and Article 6(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 Turkey shall deem 
the  conditions  to  be  established,  unless  following  an  investigation  and  within 
the  time  limits  laid  down  in  Article  11,  the  Requested  State  demonstrates 
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 
written 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.  

Article 11  

Time limits 

The application for readmission must be submitted to the competent authority 
of the Requested State within a maximum of six months after the Requesting 
State's competent authority has gained knowledge that a third-country national 
or  a  stateless  person  who  does  not  or  who  no  longer,  fulfil  the  conditions  in 
force for entry, presence or residence.  

EN 

18 

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If the third country national or the stateless person entered the territory of the 
Requesting State before the day on which Articles 4 and 6 become applicable 
pursuant  to  Article  24(3),  the  time  limit  mentioned  in  the  previous  sentence 
begins to run on the day on which Articles 4 and 6 become applicable.  

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  five  working  days  if  the  application  has  been  made  under  the 
accelerated procedure (Article 7(4));  

without undue delay, and in any event within a maximum of 25 calendar 
days  in  all  other  cases,  except  for  cases  for  which  the  initial  detention 
period in the national legislation of the Requesting State is less, in which 
case  the  latter  period  shall  apply.  Where  there  are  legal  or  factual 
obstacles to the application being replied to in time, the time limit may, 
upon  request  and  giving  reasons,  be  extended  up  to  60  calendar  days, 
except if the maximum detention period in the national legislation of the 
Requesting State is less than, or equal to, 60 days.  

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.  

Reply  to  a  readmission  application  may  be  submitted  by  any  means  of 
communication including electronic ones e.g. facsimiles, e-mails etc.  

3. 

After agreement has been given or, where appropriate, after expiry of the time 
limits laid down in Paragraph 2 of this Article, 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.  

4. 

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

Article 12  

Transfer modalities and modes of transportation  

1. 

2. 

Without  prejudice  to  Article  7(3),  before  returning  a  person,  the  competent 
authorities  of  the  Requesting  State  shall  notify  in  writing  at  least  48  hours  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,  land  or  sea.  Return  by  air  shall  not  be 
restricted to the use of the national carriers of Turkey or the Member States and 

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19 

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may take place by using scheduled or charter flights. In the event of escorted 
returns,  such  escorts  shall  not  be  restricted  to  authorised  persons  of  the 
Requesting State, provided that they are authorised persons by Turkey or any 
Member State.  

Article 13  

Readmission in error  

The Requesting State shall take back any person readmitted by the Requested State if it 
is established, within a period of three months after the transfer of the person concerned, 
that the requirements laid down in Articles 3 to 6 of this Agreement are not met. 

In  such  cases,  and  with  the  exception  of  all  transport  costs  of  the  person  in  question 
which shall be borne by the Requesting State as referred to in the previous Paragraph, 
the  procedural  provisions  of  this  Agreement  shall  apply  mutatis  mutandis  and  all 
available information relating to the actual identity and nationality of the person to be 
taken back shall be provided.  

SECTION IV 

TRANSIT OPERATIONS 

Article 14  

Transit principles 

1. 

2. 

The  Member  States  and  Turkey  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.  

Turkey shall allow the transit of third-country nationals or stateless persons if a 
Member  State  so  requests,  and  a  Member  State  shall  authorise  the  transit  of 
third-country nationals or stateless persons if Turkey 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 Turkey or a Member State:  

(a) 

if  the  third-country  national  or  the  stateless  person  runs  the  real  risk  of 
being  subjected  to  torture  or  to  inhuman  or  degrading  treatment  or 
punishment  or  the  death  penalty  or  of  persecution  because  of  his  race, 
religion, nationality, membership of a particular social group or political 
conviction in the State of destination or another State of transit; or  

(b) 

if  the  third-country  national  or  the  stateless  person  shall  be  subject  to 
criminal sanctions in the requested State or in another State of transit; or  

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

national interests of the Requested State.  

4. 

Turkey  or  a  Member  State  may  revoke  any  authorisation 
if 
circumstances  referred  to  in  Paragraph  3  of  this  Article  subsequently  arise  or 
come to light which stand in the way of the transit operation, or if the onward 
journey  through  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.  

issued 

Article 15  

Transit procedure  

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,  sea  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 use of escorts;  

(d) 

a  declaration  that  in  the  view  of  the  Requesting  State  the  conditions 
pursuant  to  Article  14(2)  are  met,  and  that  no  reasons  for  a  refusal 
pursuant to Article 14(3) are known of.  

A  common  form  to  be  used  for  transit  applications is attached as Annex  6  to 
this Agreement. 

A  transit  application  may  be  submitted  by  any  means  of  communication 
including electronic ones e.g. facsimiles, e-mails etc. 

2. 

The  Requested  State  shall,  within  five  working  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  there  was  no 
reply within five working days the transit shall be deemed to have been agreed 
to.  

to  a 

Reply 
communication including electronic ones e.g. facsimiles, e-mails etc.  

transit  application  may  be  submitted  by  any  means  of 

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3. 

4. 

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.  

SECTION V  

COSTS  

Article 16  

Transport and transit costs  

Without  prejudice  to  Article  23  and  without  prejudice  to  the  right  of  the  competent 
authorities  to  recover  the  costs  associated  with  the  readmission  from  the  person  to  be 
readmitted including the persons referred to in Article 3(2) and 5(2) or third parties, all 
transport costs incurred in connection with readmission and transit operations pursuant 
to this Agreement as far as the border crossing point of the Requested State for requests 
under  Sections  I  and  II  of  the  Agreement;  or  as  far  as  the  border  of  the  State  of  final 
destination  for  requests  under  Section  IV  of  the  Agreement  shall  be  borne  by  the 
Requesting State.  

SECTION VI  

DATA PROTECTION AND NON-AFFECTION CLAUSE  

Article 17  

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 
Turkey 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 Turkey 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) 

(b) 

personal data must be processed fairly and lawfully;  

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;  

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(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;  

personal data must be accurate and, where necessary, kept up to date;  

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 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;  

upon request, the receiving authority shall inform the communicating authority 
of the use of the communicated data and of the results obtained there from;  

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

the  communicating  and  the  receiving  authorities  are  under  an  obligation  to 
make a written record of the communication and receipt of personal data.  

Article 18  

Non-affection clause  

This  agreement  shall  be  without  prejudice  to  the  rights,  obligations  and 
responsibilities  of  the  Union,  its  Member  States  and  Turkey  arising  from 
international  law  including  from  international  conventions  to  which  they  are 
party, in particular:  

– 

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,  

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

1. 

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– 

– 

– 

– 

– 

– 

the  European  Convention  of  4  November  1950  for  the  Protection  of 
Human Rights and Fundamental Freedoms,  

the  international  conventions  determining  the  State  responsible  for 
examining applications for asylum lodged,  

the  Convention  of  10  December  1984  against  Torture  and  other  Cruel, 
Inhuman or Degrading Treatment or Punishment,  

where  applicable,  the  European  Convention  of  13  December  1955  on 
Establishment,  

international conventions on extradition and transit,  

multilateral international conventions and agreements on the readmission 
of foreign nationals;  

The present Agreement shall fully respect the rights and obligations, including 
of those who are or have been legally residing and working on the territory of 
one  of  the  Parties,  provided  by  the  provisions  of  the  Agreement  of  12 
September 1963 establishing an Association between the European Economic 
Community  and  Turkey,  its  additional  protocols,  the  relevant  Association 
Council decisions as well as the relevant case-law of the Court of Justice of the 
European Union.  

The  application  of  the  present  Agreement  shall  be  without  prejudice  to  the 
rights and procedural guarantees of persons being subject of return procedures 
as laid down by European Parliament  and  Council  Directive 2008/115/EC on 
common  standards  and  procedures  in  Member  States  for  returning  illegally 
staying third-country nationals7 in particular with regard to their access to legal 
advice,  information,  temporary  suspension  of  the  enforcement  of  a  return 
decisions and access to legal remedies.  

The  application  of  the  present  Agreement  shall  be  without  prejudice  to  the 
rights and procedural guarantees for persons applying for asylum as provided 
by  Council  Directive  2003/9/EC  laying  down  minimum  standards  for  the 
reception  of  asylum  seekers8  and  by  Council  Directive  2005/85/EC  on 
minimum  standards  on  procedures  in  Member  States  for  granting  and 
withdrawing refugee status9 and in particular with regard to the right to remain 
in the Member Sate pending the examination of the application.  

The  application  of  the  present  Agreement  shall  be  without  prejudice  to  the 
rights  and  procedural  guarantees  for  persons  holding  a  long  term  resident 
permit granted under the terms of Council Directive 2003/109/EC concerning 
the status of third-country nationals.  

2. 

3. 

4. 

5. 

7 
8 
9 

OJ L 348, 24.12.2008, p. 98. 
OJ L 31, 6.2.2003, p. 18. 
OJ L 326, 13.12.2005, p. 13 

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6. 

7. 

1. 

2. 

3. 

4. 

5. 

The  application  of  the  present  Agreement  shall  be  without  prejudice  to  the 
rights and procedural guarantees for persons granted residence under the terms 
of the Council Directive 2003/86/EC on the right to family reunification. 

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

SECTION VII  

IMPLEMENTATION AND APPLICATION  

Article 19  

Joint readmission committee  

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:  

(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  Turkey  pursuant  to 
Article 20;  

(d) 

to recommend amendments to this Agreement and its Annexes. 

The  decisions  of  the  committee  shall  be  binding  on  the  Contracting  Parties 
following  any  necessary  internal  procedures  required  by  the  law  of  the 
Contracting Parties.  

The committee shall be composed by representatives of Turkey and the Union; 
the  Union  shall  be  represented  by  the  Commission,  assisted  by  experts  from 
Member States.  

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

The committee shall establish its rules of procedures.  

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Article 20  

Implementing Protocols  

1. 

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

(a)  designation  of  the  competent  authorities,  border  crossing  points  and 

exchange of contact points;  

(b) 

(c) 

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

 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.  

2. 

3. 

The  implementing  Protocols  referred  to  in  Paragraph  1  of  this  Article  shall 
enter into force only after the readmission committee, referred to in Article 19, 
has been notified. 

Turkey  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 and subject to the practical feasibility of its application to 
Turkey.  

Member  States  agree  to  apply  any  provision  of  an  implementing  Protocol 
drawn up between Turkey  and any  other  Member State also in their relations 
with Turkey upon request of the latter and subject to the practical feasibility of 
its application to those Member States.  

Article 21  

Relation to bilateral readmission agreements or arrangements of Member States  

Without  prejudice  to  Article  24(3),  the  provisions  of  this  Agreement  shall  take 
precedence over the provisions of any legally binding instrument on the readmission of 
persons  residing  without  authorisation  which  have  been  or  may,  under  Article  20,  be 
concluded between individual Member States and Turkey, in so far as the provisions of 
the latter are incompatible with those of this Agreement.  

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SECTION VIII  

FINAL PROVISIONS  

Article 22  

Territorial application  

1. 

Subject  to  Paragraph  2  of  this  Article,  this  Agreement  shall  apply  to  the 
territory in which the Treaty on the European Union is applicable, as defined in 
Article  52 of that Treaty and Article 355 of the Treaty on the Functioning of 
the European Union and to the territory of the Republic of Turkey.  

2. 

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

Article 23  

Technical assistance  

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

In this context, the Union is committed to making available financial resources in order 
to  support  Turkey  in  the  implementation  of  this  Agreement  in  accordance  with  the 
attached joint declaration on technical assistance. In doing so, attention will be devoted 
in particular to institution and capacity building. Such support is to be provided in the 
context of the existing and future priorities jointly agreed by the European Union and 
Turkey.  

Article 24  

Entry into force, duration and termination  

1. 

2. 

3. 

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

Subject to Paragraph 3 of this Article, this Agreement shall enter into force on 
the first day of the second month following the date on which the Contracting 
Parties notify each other that the procedures referred to in the first Paragraph of 
this Article have been completed.  

The obligations set out in Articles 4 and 6 of this Agreement shall only become 
applicable three years after the date referred to in Paragraph 2 of this Article. 
During that three-year period, they shall only be applicable to stateless persons 
and  nationals  from  third-countries  with  which  Turkey  has  concluded  bilateral 

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treaties or arrangements on readmission. During that three-year period, existing 
bilateral  readmission  agreements  between  individual  Member  States  and 
Turkey shall continue to apply in their relevant parts.  

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. 

4. 

5. 

Article 25  

Annexes  

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

Done  at  ............  on  the  ........  day  of  ...........  in  the  year  Two  thousand  and  ten  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 Turkish languages, each of these 
texts being equally authentic.  

For the European Union 

For the Republic of Turkey 

(…) 

(…) 

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ANNEX 1  

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

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

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

– 

– 

– 

– 

– 

– 

passports of any kind  

laissez-passer issued by the Requested State,  

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

military service books and military identity cards,  

seaman’s registration books and skippers’ service cards,  

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

Where the Requested State is Turkey:  

– 

– 

confirmation  of  identity  as  a  result  of  a  search  carried  out  in  the  Visa 
Information System10,  

in the case of Member States not using the Visa Information System, positive 
identification  established  from  visa  application  records  of  those  Member 
States.  

10 

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 data between Member States 
on short-stay visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60. 

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ANNEX 2  

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

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

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,  

written account of statements by witnesses,  

written  account  of  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,  including  documents  with  pictures  issued  by  the  authorities  in 
replacement of the passport  

documents listed in Annex 1 whose validity has expired,  

accurate  information  provided  by  official  authorities  and  confirmed  by  the 
other Party  

– 

– 

– 

– 

– 

– 

– 

– 

– 

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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 4(1), 6(1) AND 10(1))  

visa and/or residence permit issued by the Requested State,  

entry/departure stamps or similar endorsement in the travel document including 
in  a  falsified  travel  document  of  the  person  concerned  or  other  evidence  of 
entry/departure (e.g. photographic),  

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,  

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

official  written  account  of  statements  made, in  particular, by border  authority 
staff and other witnesses who can testify to the person concerned crossing the 
border,  

official  written  account  of  a  statement  by  the  person  concerned  in  judicial  or 
administrative proceedings.  

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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 4(1), 6(1) AND 10(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 
companions, etc.;  

information  by 

family  members, 

travelling 

written account of statement by the person concerned.  

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ANNEX 5 

[Emblem of the Republic of Turkey] 

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

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

.........……….…......…….…......……….… 

(Place and date) 

(Designation of requesting authority) 

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

To 

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

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

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

(Designation of requested authority) 

(cid:137) 

(cid:137) 

ACCELERATED PROCEDURE (Article 7(4)) 

INTERVIEW REQUEST (Article 9(3)) 

READMISSION APPLICATION 
pursuant to Article 8 of the Agreement of ........... between 
the European Union and the Republic of Turkey 
on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 

1. Full name (underline surname): 

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

2. Maiden name: 

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

Photograph 

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): 
..............................................................................................................………..................…………………. 

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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: 
........................................................................................................................................................................................... 

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, color 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, color 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): 

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

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E. MEANS OF EVIDENCE ATTACHED 

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

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

(Passport No.) 

(date and place of issue) 

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

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

(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 the Republic of Turkey] 

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

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

.........……….…......…….…......……….… 

(Place and date) 

(Designation of requesting authority) 

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

To 

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

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

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

(Designation of requested authority) 

TRANSIT APPLICATION 
pursuant to Article 15 of the Agreement of ........... between  
the European Union and the Republic of Turkey 
on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 

1. Full name (underline surname): 

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

2. Maiden name: 

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

Photograph 

3. Date and place of birth: 

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

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

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

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

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

7. Nationality and language: 

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

8. 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 

(cid:137) by sea 

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

3. Possible other States of transit 

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

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

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

5.  Admission  guaranteed  in  any  other  transit  State  and  in  the  State  of  final  destination  (Article  14 
Paragraph 2) 

(cid:137) yes 

(cid:137) no 

6. Knowledge of any reason for a refusal of transit (Article 14 Paragraph 3) 

(cid:137) yes 

(cid:137) no 

C. OBSERVATIONS 

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

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

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

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

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

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

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

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

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

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

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

(Signature) (Seal/stamp) 

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Joint Declaration on the cooperation in the area of visa policy 

The  Contracting  Parties  reinforce  their  cooperation  in  the  area  of  visa  policy  and 
related areas, with a view to further promoting people to people contacts, starting with 
ensuring  the  efficient  application  of  the  judgment  of  the  Court  of  Justice  of  the 
European  Union  issued  on  19  February  2009  in  case  no  C-228/06  Mehmet  Soysal, 
Ibrahim  Savatli  v  Germany  and  other  relevant  judgements  on  Turkish  Service 
providers' rights based on the Additional Protocol of 23 November 1970 annexed to 
the  Agreement  establishing  an  Association  between  the  European  Economic 
Community and Turkey. 

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Joint Declaration on Article 7(1) 

The Parties agree that in order to demonstrate "every effort to return a person referred 
to in Articles 4 and 6 directly to  the country of origin", the Requesting State, while 
submitting a readmission application to the Requested State, should at the same time 
submit  a  readmission  application  also  to  the  country  of  origin.  The  Requested  State 
shall  reply  within  the  time  limits  mentioned  in  Article  11(2).  The  Requesting  State 
informs the Requested State if a positive reply to the readmission application has been 
received  from  the  country  of  origin  in  the  meantime.  In  case  where  the  country  of 
origin of the person in question could not be determined and therefore a readmission 
application  could  not  be  submitted  to  the  country  of  origin,  the  reasons  of  this 
situation  should  be  stated  in  the  readmission  application  which  will  be  submitted  to 
the Requested State.  

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Joint Declaration on technical assistance 

Turkey  and  the  European  Union  agree  to  intensify  their  cooperation  to  meet  the 
common challenge of managing migration flows and to tackle irregular migration in 
particular.  By  doing  so,  Turkey  and  the  European  Union  will  express  their 
commitment  to  international  burden  sharing,  solidarity,  joint  responsibility  and 
common understanding.  

This cooperation will take into account geographical realities and build on Turkey’s 
efforts  as  a  negotiating  candidate  country.  It  will  also  take  into  account  Council 
Decision  2008/157/EC  of  18  February  2008  on  the  principles,  priorities  and 
conditions  contained  in  the  Accession  Partnership  with  the  Republic  of  Turkey  and 
the 2008 National Programme of Turkey for the Adoption of the EU acquis, in which 
Turkey  accepts  and  is  prepared  to  implement  the  full  EU  acquis  in  this  area  upon 
accession to the European Union. 

In  this  context,  the  European  Union  is  committed  to  making  available  reinforced 
financial  assistance  in  order  to  support  Turkey  in  the  implementation  of  this 
Agreement.  

In doing so, attention will be paid in particular to institution and capacity building to 
enhance  Turkey's  capacity  to  prevent  irregular  migrants  from  entering,  staying  and 
exiting  its  territory,  as  well  as  its  reception  capacity  for  the  intercepted  irregular 
migrants.  This  could  be  achieved  through,  amongst  others,  purchase  of  border 
surveillance  equipment,  establishment  of  reception  centres  and  border  police 
structures,  and  support  to  training  activities,  in  full  respect  of  the  current  rules 
governing EU external assistance.  

In order to support continued full and effective implementation of this Agreement, EU 
financial  assistance,  including  a  sector  support  programme  in  the  area  of  integrated 
border  management  and  migration,  will  be  developed  according  to  modalities  to  be 
defined  together  with  the  Turkish  authorities  and,  beyond  2013,  within  and  in 
accordance with the next EU financial perspectives. 

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Joint Declaration concerning Denmark 

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

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Joint Declaration concerning Iceland and Norway 

The Contracting Parties take note of the close relationship between the European 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 Turkey concludes a readmission 
agreement with Iceland and Norway in the same terms as this Agreement.  

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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 Turkey 
concludes a readmission agreement with Switzerland in the same terms as this Agreement.  

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Joint Declaration concerning the Principality of Liechtenstein 

The Contracting Parties take note of the close relationship between the European Union and 
the  Principality  of  Liechtenstein,  particularly  by  virtue  of  the  Agreement  concerning  the 
association  of  the  Principality  of  Liechtenstein  with  the  implementation,  application  and 
development of the Schengen acquis, which entered into force on 19 December 2011. In such 
circumstances  it  is  appropriate  that  Turkey  concludes  a  readmission  agreement  with  the 
Principality of Liechtenstein in the same terms as this Agreement. 

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