Proposal for a COUNCIL DECISION of [ … ] concerning the signing of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation
Date: 2012-09-25
Institutions: European Commission
Subjects: Cabo Verde, Cotonou Agreement, EU visa policy, illegal migration, return migration, signature of an agreement

EUROPEAN COMMISSION 

Brussels, 25.9.2012  
COM(2012) 558 final 

2012/0269 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ … ] 

concerning the signing of the Agreement between the European Union 
and the Republic of Cape Verde on the readmission of persons residing without 
authorisation 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

Cape Verde is a stable and democratic country characterised by high standards of governance 
and respect for the rule of law and human rights. Cape Verde and the European Union enjoy 
excellent relations in the context of the EU-Cape Verde Special Partnership, a framework of 
mutual interests with a major political dimension. The Special Partnership was approved by 
the  Council  in  2007  and  is  currently  being  implemented.  The  priority  sectors  are:  good 
governance, security, the information society, regional integration, technology and standards 
convergence, and poverty alleviation. 

On  5  June  2008  Cape  Verde  and  the  European  Union  signed  the  Joint  Declaration  on  a 
Mobility Partnership which provides for the opening of a dialogue between the two parties on 
readmission.  In  this  context  the  annex  to  the  Declaration  contains  an  undertaking  by  the 
Commission  to  submit  a  recommendation  to  the  Council  under  Article  13  of  the  Cotonou 
Agreement to authorise it to open negotiations on the conclusion of a readmission agreement 
with Cape Verde. 

The  negotiating  directives  for  a  European  Union–Cape  Verde  readmission  agreement  were 
adopted by the Council on 4 June 2009. Negotiations were formally opened on 13 July 2009 
in Brussels.  

Three rounds of official negotiations took place, with the last on 23 November 2011. 

The draft text was submitted for consultation to the Council Working Party on Immigration 
and  Expulsion  on  1 February  2012.  The  text  agreed  was  initialled  in  Brussels  on  24 April 
2012  in  the  presence  of  José  Manuel  Barroso,  President  of  the  European  Commission,  and 
José Maria Neves, Prime Minister of Cape Verde. 

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 the Treaty on the Functioning of the European Union.  

The  attached  proposal  constitutes  the  legal  instrument  for  the  signing  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  Article  218(6)(a) 
TFEU. 

The  proposed  decision  concerning  the  conclusion  of  the  Agreement  sets  out  the  necessary 
internal arrangements for the practical application of the Agreement. In particular, it specifies 
that the Commission, assisted by experts from Member States, will represent the Union within 
the Joint Readmission Committee set up by Article 18 of the Agreement. Under Article 18(5) 
of the Agreement, the Readmission Committee is to adopt its own rules of procedure. As for 
the other readmission agreements concluded by the Union thus far, the Union position in this 
regard  is  to  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 Readmission 
Committee,  the  Union  position  is  to  be  established  in  accordance  with  the  applicable 
provisions of the Treaty.  

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2. 

RESULTS OF THE NEGOTIATIONS  

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

The final content of the Agreement can be summarised as follows: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

The Agreement is divided into 8 sections with 23 articles altogether. It also contains 
6 annexes, which form an integral part of it, and five joint declarations.  

The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up 
on a basis of full reciprocity, applying both to own nationals (Articles 2 and 4) and to 
third-country nationals and stateless persons (Articles 3 and 5).  

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

The readmission obligation with regard to own nationals also covers family members 
(i.e. spouses and minor unmarried children), regardless of their nationality, 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 or held 
at the time of entering the territory of the requesting State 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.  These  obligations  do  not  apply  in  respect  of  persons  in  airside  transit  or  to 
whom the requesting State has issued a visa or residence permit before or after they 
entered its territory.  

Section III of the Agreement (Articles 6 to 12 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  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 and, in case of third-country nationals, a valid visa or residence permit 
issued by the requested State (Article 6(2) and (3)).  

Article  6(5)  of  the  Agreement  sets  out  the  ‘accelerated  procedure’  which  has  been 
agreed  for  persons  apprehended  in  the  ‘border  region’,  i.e.  within  an  area  which 
extends up to 30 kilometres from the territories of seaports, including custom zones, 
and  from  international  airports  of  Member  States  or  of  Cape  Verde.  Under  the 
accelerated  procedure,  readmission  applications  have  to  be  submitted  within  two 
working days, and replies have to be given within two working days. 

Under the normal procedure, the time limit for replies is eight calendar days. 

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

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– 

– 

– 

– 

– 

Articles 15, 16 and 17 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 in accordance with Article 18, 
and have the tasks and powers set out there. 

In order to execute this Agreement in practice, Article 19 creates the possibility for 
Cape  Verde  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 (Article 21 to 23) contain the necessary rules on entry into force, 
duration, termination and the legal status of the annexes to the Agreement.  

The  specific  situation  of  the  United  Kingdom,  Ireland  and  Denmark  is  reflected  in 
the  preamble,  Article  1(d)  and  Article  21(2).  The  situation  of  Denmark  is  also 
mentioned in a joint declaration attached to the Agreement. The close association of 
Norway, Iceland, Liechtenstein and Switzerland with the implementation, application 
and development of the Schengen acquis is likewise reflected in a joint declaration 
attached to the Agreement. 

3. 

CONCLUSIONS 

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

– 

decide  that  the  Agreement  be  signed  on  behalf  of  the  Union  and  authorise  the 
President  of  the  Council  to  appoint  the  person  or  persons  empowered  to  sign  on 
behalf of the Union. 

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2012/0269 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ … ] 

concerning the signing of the Agreement between the European Union 
and the Republic of Cape Verde 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 
Articles 79(3) in conjunction with 218(5) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 4 June 2009 the Council authorised the Commission to open negotiations with the 
Republic of Cape Verde on the readmission of persons residing without authorisation. 
The negotiations were successfully concluded by the initialling  of the Agreement  on 
24 April 2012.  

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 Protocol No 21 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  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]. 

In  accordance  with  Article  3  of  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  to  the  Treaty  on  the  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]. 

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(5) 

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 is not taking 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  Commission  is  authorised  to  sign,  on  behalf  of  the  European  Union,  the  Agreement 
between the European Union and the Republic of Cape Verde on the readmission of persons 
residing  without  authorisation,  and  to  designate  the  persons  empowered  to  sign  the 
Agreement.  

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 the Republic of Cape Verde 

on the readmission of persons residing without authorisation 

THE HIGH CONTRACTING PARTIES, 

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’, 

and 

THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’, 

DETERMINED  to  strengthen  their  cooperation  in  order to combat  illegal immigration more 
effectively, 

HAVING REGARD to the obligation to initiate the negotiations for a readmission agreement 
at  the  request  of  either  Party,  set  out  in  Article  13(5)(c)(ii)  of  the  Partnership  Agreement 
between the Members of the African, Caribbean and Pacific Group of States, of the one part, 
and the European Community and its Member States, of the other part, signed in Cotonou on 
23  June  2000  and  revised  in  Luxembourg  on  25  June  2005,  hereinafter  referred  to  as  the 
‘Cotonou Agreement’, 

DESIRING to facilitate the obligation for Parties to readmit their own nationals as confirmed 
by Article 13(5)(c)(i) of the Cotonou Agreement, 

HAVING  REGARD  to  the  Joint  Declaration  of  5  June  2008  on  a  Mobility  Partnership 
between the European Union and Cape Verde, in accordance with which the Parties will take 
steps to develop a dialogue on the readmission of persons residing without authorisation with 
a view to ensuring effective cooperation for their return,  

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 
Cape Verde or one of the Member States of the European Union, and to facilitate the transit of 
such persons in a spirit of cooperation, 

EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and 
responsibilities of the Union, its Member States and Cape Verde arising from international law 
and, in particular, from the Convention of 28 July 1951 on the Status of Refugees, 

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CONSIDERING  that  in  accordance  with the Protocol (No 21) on the position  of the  United 
Kingdom and of 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,  the 
United Kingdom and Ireland will not take part in this Agreement unless they notify their wish 
to that effect in accordance with that Protocol, 

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 purposes of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the ‘Contracting Parties’ shall mean Cape Verde and the European Union; 

‘national of Cape Verde’ shall mean any person with Cape Verde citizenship; 

‘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 bound by this 
Agreement; 

‘third-country national’ shall mean any person who holds a nationality other than that 
of Cape Verde or one of the Member States; 

‘stateless  person’  shall  mean  a  person  who  does  not  hold  the  nationality  of  any 
country;  

‘residence permit’ shall mean a permit of any type issued by Cape Verde 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’  an  authorisation  issued  or  a  decision  taken  by  Cape  Verde  or  one  of  the 
Member  States  which  is  required  in  order  to  enter,  or  transit  through,  its  territory. 
This shall not include the airport transit visa; 

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(i) 

(j) 

(k) 

(l) 

(m) 

‘requesting  State’  shall  mean  the  State  (Cape  Verde  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 (Cape Verde 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 Cape Verde or one of the 
Member  States  entrusted  with  the  implementation  of  this  Agreement  in  accordance 
with Article 19(1)(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; 

‘border  region’  shall  mean  an  area  which  extends  up  to  30  kilometres  from  the 
territories  of  seaports,  including  custom  zones,  and  international  airports  of  the 
Member States and Cape Verde.  

SECTION I 
READMISSION OBLIGATIONS OF CAPE VERDE 

Article 2 
Readmission of own nationals 

1. 
Pursuant  to Article 13(5)(c)(i) of the Cotonou Agreement, Cape Verde 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 Cape Verde. 

2. 

– 

– 

Cape Verde 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, 

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 Cape Verde, unless they have an independent right of residence in the 
requesting Member State. 

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

After  Cape  Verde  has  given  a  positive  reply  to  the  readmission  application,  the 
4. 
competent diplomatic mission or consular office of Cape Verde shall, irrespective of the will 
of the person to be readmitted, immediately and not later than within four working days issue 
the  travel  document  required  for  the  return  of  the  person  to  be  readmitted  with  a  period  of 
validity  of  six  months.  If  Cape  Verde  has  not,  within  four  working  days,  issued  the  travel 
document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel  document  for 
expulsion purposes1. 

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  competent  diplomatic 
mission or consular office of Cape Verde shall, within four working days, issue a new travel 
document with a period of validity of the same duration. If Cape Verde has not, within four 
working days, issued the new travel document, it shall be deemed to accept the use of the EU 
standard travel document for expulsion purposes2. 

Article 3 
Readmission of third-country nationals and stateless persons 

1. 
Cape  Verde  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) 

2. 

(a) 

(b) 

1 
2 

hold  or  held  at  the  time  of  entering  the  territory  in  question  a  valid  visa  issued  by 
Cape Verde, accompanied by legal proof of entry to the territory of Cape Verde, or a 
valid residence permit issued by Cape Verde; or 

illegally entered the territory of the Member States coming directly from Cape Verde 
and that their prior presence in the territory of Cape Verde has been established.  

The readmission obligation in paragraph 1 shall not apply if: 

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

the  requesting  Member  State  has  issued  to  the  third-country  national  or  stateless 
person a visa or residence permit before or after that person entered its territory,  

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

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except where: 

– 

– 

that  person  holds  a  valid  visa  issued  by  Cape  Verde,  accompanied  by  legal 
proof of entry to the territory of Cape Verde, or a valid residence permit issued 
by Cape Verde, which has a longer period of validity or is still valid, or  

that  person  has  exceeded  the  length  of  time  authorised  by  their  visa  or 
conducted activities unauthorised by their visa in the territory of the requesting 
Member State. 

3. 
After  Cape  Verde  has  given  a  positive  reply  to  the  readmission  application,  the 
Requesting  Member  State  issues  the  person  whose  readmission  has  been  accepted  the  EU 
standard travel document for expulsion purposes1. 

SECTION II  
READMISSION OBLIGATIONS OF THE UNION 

Article 4 
Readmission of own nationals 

Pursuant  to  Article  13(5)(c)(i)  of  the  Cotonou  Agreement,  a  Member  State  shall 
1. 
readmit,  upon  application  by  Cape  Verde  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 Cape Verde 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 Cape Verde, 

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 Cape Verde. 

3. 
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  Cape  Verde, 
unless such persons have at least been promised naturalisation by Cape Verde. 

1 

Ibid. 

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After  the  requested  Member  State  has  given  a  positive  reply  to  the  readmission 
4. 
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 
four  working  days,  issue  the  travel  document  required  for  the  return  of  the  person  to  be 
readmitted with a period of validity of six months. 

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  competent  diplomatic 
mission or consular office of that Member State shall, within four working days, issue a new 
travel document with a period of validity of the same duration.  

Article 5 
Readmission of third-country nationals and stateless persons 

A  Member  State  shall  readmit,  upon  application  by  Cape  Verde  and  without  further 
1. 
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 Cape Verde provided that it is proved, or may be 
validly assumed on the basis of prima facie evidence furnished, that such persons:  

(a) 

(b) 

2. 

(a) 

(b) 

hold or held at the time of entering the territory in question a valid visa issued by the 
requested Member State, accompanied by legal proof of entry to the territory of the 
requested Member State, or a valid residence permit issued by the requested Member 
State; or 

illegally  entered  the  territory  of  Cape  Verde  coming  directly  from  the  requested 
Member State and that their prior presence in the territory of the requested Member 
State has been established.  

The readmission obligation in paragraph 1 shall not apply if: 

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

Cape  Verde  has  issued  a  visa  or  residence  permit  to  the  third-country  national  or 
stateless person before or after they entered its territory, unless: 

– 

– 

 that person holds a visa issued by the requested Member State, accompanied by 
legal  proof  of  entry  to  the  territory  of  the  requested  Member  State,  or  a  valid 
residence  permit  issued  by  the  requested  Member  State,  which  has  a  longer 
period of validity or is still valid, or 

that  person  has  exceeded  the  length  of  time  authorised  by  their  visa  or 
conducted activities unauthorised by their visa in the territory of Cape Verde.  

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The readmission obligation in paragraph 1 rests on the Member State that issued a visa 
3. 
or  residence  permit.  If  two  or  more  Member  States  issued  a  visa  or  residence  permit,  the 
readmission  obligation  in  paragraph  1  rests  on  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 rests on 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 rests on the Member State of last exit. 

4. 
After  the  Member  State  has  given  a  positive  reply  to  the  readmission  application, 
where necessary, Cape Verde shall issue to the person whose readmission has been accepted 
the travel document required for his or her return. 

SECTION III 
READMISSION PROCEDURE 

Article 6 
Principles 

1. 
Subject to paragraphs 2 and 3, 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 drawn up in accordance with Article 7 to the competent authority of 
the requested State.  

2.  The  transfer  of  the  person  to  be  readmitted  may  take  place  without  the  submission  of  a 
readmission  application  or  the  written  notification  referred  to  in  Article  11(1)  from  the 
requesting State to the competent authority of the requested State: 

– 

– 

in the case of the requested State’s own nationals, if the person to be readmitted holds 
a valid travel document or identity card; 

in  the  case  of  third-country  nationals  or  stateless  persons,  if  the  person  was 
apprehended  at  the  airport  of  the  requesting  State  after  arriving  directly  from  the 
territory of the requested State. 

Without  prejudice  to  paragraph  2,  in  the  case  of  third-country  nationals  or  stateless 
3. 
persons  holding  a  valid  travel  document  and  a  valid  visa  or  residence  permit  issued  by  the 
requested  State,  the  transfer  shall  require  only  the  written  notification  referred  to  in 
Article 11(1) from the requesting State to the competent authority of the requested State. 

4. 
Without  prejudice  to  paragraph  1  and  by  exception  from  paragraph  2,  the  written 
notification referred to in Article 11(1) from the requesting State to the competent authority of 
the requested State shall be necessary in the case of the transfer of persons requiring an escort. 

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Without  prejudice  to  paragraphs  2  and  3,  if  a  person  has  been  apprehended  in  the 
5. 
border region of the requesting State after illegally crossing the border coming directly from 
the territory of the requested State, the requesting State may submit a readmission application 
within two working days of the apprehending of this person (accelerated procedure). 

Article 7 
Readmission application 

Readmission applications shall where possible be made in writing and must contain the 

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

in the case of third-country nationals and stateless persons, indication of the means by 
which  proof  or  prima  facie  evidence  of  the  conditions  for  the  readmission  of  third-
country nationals and stateless persons will be provided in accordance with Annexes 
3 and 4 respectively; 

(d) 

a photograph of the person to be readmitted. 

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

2. 
additional information:  

(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. 

A common form to be used for readmission applications is attached at Annex 5 to this 

3. 
Agreement. 

A  readmission  application  may  be  submitted  by  any  means  of  communication, 

4. 
including by electronic means or fax. 

Article 8 
Evidence of nationality 

1. 
Proof  of  nationality  pursuant  to  Article  2(1)  and  Article  4(1)  may  in  particular  be 
furnished through the documents listed in Annex 1 to this Agreement, even if their period of 

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validity  has  expired.  If  such  documents  are  presented,  the  Member  States  and  Cape  Verde 
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)  may  in 
2. 
particular  be  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 
Cape  Verde  shall  deem  the  nationality  to  be  established,  unless  they  can  prove  otherwise. 
Prima facie evidence of nationality cannot be furnished through false documents. 

3. 
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 
from  the  requesting  State  which  is  to  be  included  in  the  readmission  application,  make 
arrangements to interview the person to be readmitted without undue delay, at the latest within 
three calendar days of the date of the request, 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.  

Article 9 
Evidence regarding third-country nationals and stateless persons 

Proof  of  the  conditions  for  the  readmission  of  third-country  nationals  and  stateless 
1. 
persons laid down in Article 3(1) and Article 5(1) may in particular be 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  Cape 
Verde without any further investigation being required. 

2. 
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) may in particular be 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 Cape Verde shall deem the conditions to be established, unless they can prove otherwise. 

3. 
The unlawfulness of entry, presence or residence shall be established by means of the 
travel  documents  of  the  person  concerned  in  which  the  necessary  visa  or  other  residence 
permit for the territory of the requesting State is 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. 

Article 10 
Time limits  

The application for readmission of a third-country national or stateless person must be 
1. 
submitted  to  the  competent  authority  of  the  requested  State  within  a  maximum  of  one  year 

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after  the  requesting  State’s  competent  authority  has  gained  knowledge  that  the  person 
concerned  does  not  fulfil,  or  no  longer  fulfils,  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. 

– 

– 

All readmission applications must be replied to in writing:  

within  two  working  days  if  the  application  has  been  made  under  the  accelerated 
procedure (Article 6(5)); 

within eight calendar days in all other cases.  

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

Replies to readmission applications may be sent by any means of communication, including 
by electronic means or fax. 

3. 

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

4. 
After  readmission  has  been  approved  or,  where  appropriate,  after  expiry  of  the  time 
limit laid down in paragraph 2, the person concerned shall be transferred within three months. 
At  the  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 transport 

Without  prejudice  to  Articles  6(2)  and  (3),  before  returning  a  person,  the  competent 
1. 
authorities  of  the  requesting  State  shall,  at  least  48  hours  in  advance,  notify  the  competent 
authorities  of  the  requested  State  in  writing  of  the  transfer  date,  the  point  of  entry,  possible 
escorts and other information relevant to the transfer.  

2. 
Transport may take place by air or sea. Return by air shall not be restricted to the use 
of  the  national  carriers  of  Cape  Verde  or  the  Member  States  and  may  take  place  by  using 
scheduled  or  charter  flights.  In  the  event  of  escorted  returns,  such  escorts  shall  not  be 
restricted  to  authorised  persons  of  the  requesting  State,  provided  that  the  persons  concerned 
are authorised by Cape Verde or any Member State.  

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 three months after the transfer of the person concerned, that the 
requirements laid down in Articles 2 to 5 of this Agreement were not met. 

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In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and all 
available information relating to the actual identity and nationality of the person to be taken 
back shall be provided. 

SECTION IV 
TRANSIT OPERATIONS 

Article 13 
Principles 

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

2. 
Cape Verde shall nevertheless 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 Cape Verde so requests, if the onward journey in other 
possible States of transit and the readmission by the State of destination is assured. 

3. 

(a) 

(b) 

(c) 

Transit can be refused by Cape Verde or a Member State: 

if the third-country national or the stateless person runs a real risk of being subjected 
to torture, inhuman or degrading treatment or punishment, or the death penalty, or of 
persecution  because  of  their  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  is  to  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. 
Cape Verde 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.  

Article 14 
Transit procedure  

An application for a transit operation must be submitted to the competent authority of 

1. 
the requested State in writing and must contain the following information: 

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(a) 

(b) 

(c) 

(d) 

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); 

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

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. 

A  transit  application  may  be  submitted  by  any  means  of  communication,  including  by 
electronic means or fax. 

2. 
The  requested  State  shall,  within  three  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 date of admission, or inform it of the admission refusal and of the reasons for 
such refusal. If there is no reply within three working days, the transit shall be deemed to have 
been approved. 

Replies  to  transit  applications  may  be  sent  by  any  means  of  communication,  including  by 
electronic means or fax. 

If  the  transit  operation  takes  place  by  air,  the  person  to  be  readmitted  and  possible 

3. 
escorts shall be exempted from having to obtain an airport transit visa.  

If the transit operation to the final destination cannot proceed as expected for reasons of force 
majeure,  the  requested  State  shall,  if  necessary,  issue  the  visa  required  to  the  person  to  be 
readmitted  and  to  any  escorts  without  delay  for  the  period  necessary  to  continue  the  transit 
operation. 

4. 
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. 

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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.  

SECTION VI  
DATA PROTECTION AND WITHOUT PREJUDICE CLAUSE 

Article 16 
Data protection 

The communication of personal data shall take place only if such communication is necessary 
for  the  implementation  of  this  Agreement  by  the  competent  authorities  of  Cape  Verde  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 Cape Verde 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) 

(c) 

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; 

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, 

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– 

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 therefrom; 

personal  data  may  be  communicated  only  to  the  competent  authorities;  further 
communication to other bodies shall require the prior consent of the communicating 
authority; 

the  communicating  and  the  receiving  authorities  shall  make  a  written  record  of  the 
communication and receipt of personal data. 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Article 17 
Without prejudice clause 

This  Agreement  shall  be  without  prejudice 

the  rights,  obligations  and 
1. 
responsibilities of the Union, its Member States and Cape Verde arising from international law 
including from international conventions to which they are party, in particular: 

to 

– 

– 

– 

– 

– 

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

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

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

international conventions on extradition and transit, 

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– 

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

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

2. 
informal arrangements between the requested and requesting States. 

SECTION VII 
IMPLEMENTATION AND APPLICATION  

Article 18 
Joint Readmission Committee 

1. 
The  Contracting  Parties  shall  provide  each  other  with  mutual  assistance  in  the 
application  and  interpretation  of  this  Agreement.  To  this  end,  they  shall  set  up  a  Joint 
Readmission Committee (hereinafter referred to as ‘the Committee’) which shall, in particular, 
have the following tasks: 

(a) 

(b) 

(c) 

monitoring the application of the Agreement; 

deciding on the implementing arrangements necessary for the uniform application of 
the Agreement; 

regularly  exchanging  information  on  the  implementing  Protocols  drawn  up  by 
individual Member States and Cape Verde pursuant to Article 19;  

(d) 

recommending amendments to this Agreement and its Annexes. 

2. 

3. 

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

The Committee shall be composed of representatives of the Union and Cape Verde. 

The  Committee  shall  meet  whenever  necessary  at  the  request  of  either  of  the 

4. 
Contracting Parties. 

5. 

The Committee shall lay down its own rules of procedure. 

Article 19 
Implementing Protocols 

At the request of a Member State or Cape Verde, Cape Verde and that Member State 

1. 
shall draw up an implementing Protocol which shall, inter alia, lay down rules on: 

(a) 

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

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(b) 

(c) 

(d) 

(e) 

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

evidence  and  documents  additional  to  what  is  listed  in  Annexes  1  to  4  to  this 
Agreement; 

the arrangements for readmission under the accelerated procedure; 

the procedure for interviews. 

The implementing Protocols referred to in paragraph 1 shall enter into force only after 

2. 
the Readmission Committee referred to in Article 18 has been notified. 

3. 
Cape Verde 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  legally 
binding instrument on the readmission of persons residing without authorisation which, under 
Article  19,  have  been  or  may  be  concluded  between  individual  Member  States  and  Cape 
Verde, in so far as the provisions of the latter are incompatible with those of this Agreement. 

SECTION VIII  
FINAL CLAUSES 

Article 21 
Territorial application 

Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty 
1. 
on European Union and the Treaty on the Functioning of the European Union are applicable 
and to the territory of Cape Verde. 

2.  This  Agreement  shall  apply  to  the  territory  of  Ireland  and  of  the  United  Kingdom  only 
pursuant to a notification by the European Union to Cape Verde to that effect. This Agreement 
shall not apply to the territory of the Kingdom of Denmark. 

Article 22 
Entry into force, duration and termination  

This Agreement shall be ratified or approved by the Contracting Parties in accordance 

1. 
with their respective procedures. 

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This Agreement shall enter into force on the first day of the second month following 
2. 
the date on which the Contracting Parties notify each other that the procedures referred to in 
the first paragraph have been completed. 

This Agreement shall apply to Ireland and to the United Kingdom on the first day of 

3. 
the second month following the date of the notification referred to in Article 21(2). 

4. 

This Agreement is concluded for an unlimited period. 

5. 
Either  Contracting  Party  may  denounce  this  Agreement  by  officially  notifying  the 
other Contracting Party. This Agreement shall cease to apply six months after the date of such 
notification. 

Article 23 
Annexes  

Annexes 1 to 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 and 
Swedish languages, each of these texts being equally authentic.  

For the European Union 
(…) 

For the Republic of Cape Verde 
(…) 

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ANNEX 1 

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

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

When the requested State is either one of the Member States or Cape Verde: 

– 

– 

– 

– 

– 

– 

passports  of  any  kind  (national  passports,  diplomatic  passports,  service  passports, 
collective passports and replacement passports, including the passports of minors), 

laissez-passer issued by the requested State, 

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

service books and military identity cards, 

seamen’s registration books and skippers’ service cards, 

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

Where the requested State is Cape Verde: 

– 

– 

confirmation  of  identity  as  a  result  of  a  search  carried  out  in  the  Visa  Information 
System1, 

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

Where the requested State is one of the Member States: 

– 

positive identification established from visa application records kept by Cape Verde. 

1 

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

– 

– 

– 

– 

– 

– 

– 

– 

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

driving licences 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, which 
may in particular be shown by means of an official test result, 

fingerprints,  

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

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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  accompanied  by  proof  of  entry  to  the  territory  of  the  requested  State  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), 

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, 

tickets in a person’s name and/or passenger lists of air, train, coach or boat companies 
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  guide  or 
travel agency,  

official statements made, in particular, by border authority staff and other witnesses 
who can testify that the person concerned crossed the border, 

official statements 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 3(1), 5(1) AND 9(2)) 

– 

– 

– 

– 

– 

– 

Visa issued by the requested State, 

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

information relating to the identity and/or stay of a person which has been provided 
by an international organisation (e.g. UNHCR), 

reports/corroboration of information by family members, travelling companions, etc., 

statements made by the person concerned,  

fingerprints. 

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ANNEX 5 

[Emblem of the Republic of Cape Verde] 

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

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

(Place and date) 

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

To 
................................................................……….… 

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

(Designation of requested authority) 

(cid:137) 

(cid:137) 

ACCELERATED PROCEDURE (Article 6(5)) 

INTERVIEW REQUEST (Article 8(3)) 

READMISSION APPLICATION 
pursuant to Article 7 of the Agreement of ........... between  
the European Union and the Republic of Cape Verde 
on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 

1. Full name (underline surname): 

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

Photograph 

2. Name at birth: 
...........................................................……………………………… 

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: 
…………………………………………………………………………………………...................…………………. 

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(cid:0) married 

(cid:0) single  (cid:0) divorced 

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

7. Civil status: 
If married : 
Names and age of children (if any)  
...........................................................………………...............................................……………………………… 
...........................................................………………...............................................……………………………… 
...........................................................………………...............................................……………………………… 

(cid:0) widowed 

8. Last address in the requesting State: 
...........................................................………………...............................................……………………………… 

B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE) 

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

2. Name at birth: 
...........................................................………………......................................................……………………………… 
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 diseases): 
...........................................................………………......................................................……………………………… 

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

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

E. MEANS OF EVIDENCE ATTACHED 

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

(passport No) 
..................................................................………… 
(issuing authority) 

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

(identity card No) 

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

(date and place of issue) 

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

(expiry date) 

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

(date and place of issue) 

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..................................................................………… 
(issuing authority) 

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

(driving licence No) 
..................................................................………… 
(issuing authority) 

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

(other official document No) 
..................................................................………… 
(issuing authority) 

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

(expiry date) 

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

(date and place of issue) 

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

(expiry date) 

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

(date and place of issue) 

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

(expiry date) 

F. OBSERVATIONS 

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

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

................................................... 
(Signature) (Seal/stamp) 

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ANNEX 6 

Emblem of the Republic of Cape Verde 

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

(Designation of requesting authority) 

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

(Place and date) 

Reference 
................................................................………… 

To 
................................................................…………. 
................................................................………… 
................................................................………… 

(Designation of requested authority) 

TRANSIT APPLICATION 
pursuant to Article 14 of the Agreement of ........... between  
the European Union and the Republic of Cape Verde 
on the readmission of persons residing without authorisation 

A. PERSONAL DETAILS 

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

2. Name at birth: 
............................................................................ 

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

Photograph 

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

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

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7. Nationality and language: 
……………………………………………………………………………………………………………. 

8. Type and number of travel document: 
……………………………………………………………………………………………………………. 

B. 

TRANSIT OPERATION 

1. Type of transit: 

(cid:137)  by air 

(cid:137)  by land 

(cid:137)  by sea 

2. State of final destination 
...........................................................………………...............................................……………………………… 

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 13(2)) 
(cid:137)  yes 

(cid:137)  no 

6. Knowledge of any reason for refusal of transit  

(Article 13(3)) 
(cid:137)  yes 

(cid:137)  no 

C. OBSERVATIONS 

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

................................................... 
(Signature) (Seal/stamp) 

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Joint Declaration concerning Articles 3 and 5 

The parties will endeavour to return any third-country national who does not, or who no 
longer, fulfils the legal conditions in force for entry to, presence in or residence on, their 
respective territories, to his or her country of origin. 

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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.  It  is  therefore 
desirable that Cape Verde and Denmark should 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.  It  is  therefore  desirable  that  Cape  Verde  should  conclude  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.  It  is  therefore  desirable  that  Cape  Verde  should  conclude  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.  It  is 
therefore  desirable  that  Cape  Verde  should  conclude  a  readmission  agreement  with  the 
Principality of Liechtenstein in the same terms as this Agreement.  

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