Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation
Date: 2013-10-29
Institutions: European Commission
Subjects: Azerbaijan, EU visa policy, agreement (EU), illegal migration, ratification of an agreement, residence permit, return migration

EUROPEAN 
COMMISSION 

Brussels, 29.10.2013  
COM(2013) 744 final 

2013/0358 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Union  
and the Republic of Azerbaijan on the readmission of persons residing without 
authorisation 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The EU and Azerbaijan have agreed to move forward with the deepening and broadening of 
EU - Azerbaijan relations within the Eastern Partnership (EaP) framework. In this framework, 
the  EU  has  recognized  the  importance  of  enhanced  people-to-people  contacts.  During  the 
Prague  Eastern  Partnership  Summit  in  May  2009,  the  EU  reaffirmed  its  political  support 
towards full liberalization of the visa regime in a secure environment, and towards promoting 
mobility  by  concluding  visa  facilitation  and  readmission  agreements  with  EaP  countries. 
According  to  the  common  approach  for  the  development  of  EU  policy  on  visa  facilitation 
agreed at the level of COREPER by the Member States in December 2005, a visa facilitation 
agreement would not be concluded without a readmission agreement being in place. 

On  19  December  2011,  the  Council  formally  authorised  the  Commission  to  negotiate  a 
readmission agreement between the European Union and Azerbaijan.  

In  February  2012  the  Commission  transmitted  a  draft  text  to  the  authorities  of  Azerbaijan 
following which the first round of formal negotiations was held in Baku on 1-2 March 2012. 
Three  further  formal  rounds  of  negotiations  took  place,  lastly  in  Brussels  on  12-13  March 
2013. The agreed text was subsequently initialled on 29 July 2013 in Brussels. 

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

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

The  attached  proposal  constitutes the  legal  instrument  for  the  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 proposed decision concerning the conclusion sets out the necessary internal arrangements 
for the practical application of the Agreement. In particular, it specifies that the Commission, 
assisted  by  experts  from  Member  States,  represents  the  Union  within  the  Joint  Readmission 
Committee  set  up  by  Article  19  of  the  Agreement.  Under  Article  19(5),  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.  

II. 

OUTCOME OF THE NEGOTIATIONS  

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

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

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

The  agreement  contains  an  opening  clause,  reaffirming  that  the  agreement  shall  be 
applied  so  as  to  ensure  respect  for  human  rights,  and  for  the  obligations  and 
responsibilities  of  the  Requested  State  and  Requesting  State  under  relevant 
international instruments applicable to them, and reiterating that the Requested State 
shall  in  particular  ensure  the  protection  of  the  rights  of  persons  readmitted  to  its 
territory  in  compliance  with  those  international  instruments.  The  same  clause 
confirms  that  the  Requesting  State  should  give  preference  to  voluntary  return  over 
forced return. 

The readmission obligations set out in the Agreement (Articles 3 - 6) are drawn up in 
a  fully  reciprocal  manner,  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 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 4 and 
6) is linked to the following prerequisites: (a) the person concerned holds, at the time 
of submission of the readmission application, a valid visa or residence permit issued 
by the Requested State or (b) the person concerned illegally and directly entered the 
territory  of  the  Requesting  State  after  having  stayed  on,  or  transited  through,  the 
territory  of  the  Requested  State.  Exempted  from  these  obligations  are  persons  in 
airside transit and persons who enjoy visafree access to the territory of the Member 
State.  

For  own  nationals,  in  case  of  expiry  of  the  specified  delay,  and  for  third  country 
nationals or stateless persons Azerbaijan accepts the use of the EU's standard travel 
document  for  expulsion  purposes  (Articles  3(5)  and  4(3)).  The  equivalent  standard 
document of the Republic of Azerbaijan is included in Annex 8. 

Section III of the Agreement (Articles 7 to 13 in conj. with annexes 1 to 5) contains 
the necessary technical provisions regarding the readmission procedure (readmission 
application,  means  of  evidence,  time  limits,  transfer  modalities  and  modes  of 
transportation)  and  'readmission  in  error'  (Article  13).  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 (Article 7(2)).  

In Article 7(3), the Agreement sets out the so-called accelerated procedure, which has 
been  agreed  upon  for  persons  apprehended  in  an  area  which  extends  up  to  15 
kilometres  from  and  including  the  territories  of  seaports  and  international  airports, 
including custom zones, of the Member States or Azerbaijan. Under the accelerated 
procedure,  readmission  applications  have  to  be  submitted  within  2  days  and  replies 

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have to be given within 2 working days, whereas under the normal procedure the time 
limit for replies is 15 calendar days (Article 11(2)). 

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. 

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

In  order  to  facilitate  the  implementation  of  this  Agreement,  Article  20  creates  the 
possibility  for  Azerbaijan  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  (Art.  22  to  25)  contain  the  necessary  rules  on  entry  into  force, 
duration,  possible  amendments,  suspension,  termination  and  the  legal  status  of  the 
annexes to the agreement.  

The  specific  situation  of  Denmark  is  reflected  in  the  preamble,  Article  1(c)  and 
Article  22(2),  and  in  a  relevant  joint  declaration.  The  close  association  of  Iceland, 
Norway,  Switzerland  and  Liechtenstein  with  the  implementation,  application  and 
development of the Schengen Acquis has been taken into account, and is reflected in 
relevant joint declarations to the Agreement. 

III. 

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  Azerbaijan  on  readmission  of  persons 
residing without authorisation. 

2013/0358 (NLE) 

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Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Union  
and the Republic of Azerbaijan 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  XXXX/XXX  of  [...]2,  the  Agreement  between  the 
European Union and the Republic of Azerbaijan 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) 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. 

(4) 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 functioning of the 
European Union, and without prejudice to Article 4 of the said Protocol, Ireland [is not taking 
part in the adoption of this Decision and 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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OJ C , , p. . 
OJ L , , p. . 

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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 Azerbaijan on readmission 
of persons residing without authorisation is hereby concluded.  

The text of the Agreement is attached to this Decision. 

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  23(2)  of  the  Agreement,  in 
order to express the consent of the European Union to be bound by the Agreement. 

Article 2 

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. 

Article 5 

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

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 Azerbaijan 
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 AZERBAIJAN, hereinafter referred to as 'Azerbaijan' 

DETERMINED to strengthen their co-operation in order to combat illegal immigration more 
effectively, 

DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and 
effective procedures for the identification and safe and orderly return of persons who do not, 
or  no  longer,  fulfil  the  conditions  for  entry  to,  presence  in,  or  residence  on  the  territory  of 
Azerbaijan 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 Azerbaijan arising from International Law 
and,  in  particular,  from  the  Convention  of  28  July  1951  on  the  Status  of  Refugees  and  its 
Protocol of 31 January 1967, 

CONSIDERING  that  in  accordance  with  Protocol  No  21  on  the  position  of  the  United 
Kingdom  of  Great  Britain  and  Northern  Ireland  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  of  Great  Britain  and  Northern 
Ireland 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  the  Kingdom  of 
Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the 
European Union, 

HAVE AGREED AS FOLLOWS: 

For the purpose of this Agreement: 

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Article 1  
Definitions 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

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

'Contracting Parties' shall mean Azerbaijan and the Union; 

'Member State' shall mean any Member State of the European Union bound by this 
Agreement;  

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

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

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

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

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

'Requesting  State'  shall  mean  the  State  (Azerbaijan  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  (Azerbaijan  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 Azerbaijan or one of the 
Member  States  entrusted  with  the  implementation  of  this  Agreement  in  accordance 
with Article 20 (1) (a) thereof; 

(m) 

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

Article 2 
Fundamental Principles 

While  strengthening  cooperation  on  preventing  and  combating  irregular  migration,  the 
Requested and Requesting State shall, in the application of this Agreement to persons falling 
within its scope, ensure respect for human rights and  for  the  obligations and responsibilities 
following from relevant international instruments applicable to the parties, in particular from:  

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the 1948 Universal Declaration of the Human Rights 

the 1950 European Convention on Human Rights and Fundamental Freedoms and its 
protocols 

the 1966 International Covenant on Civil and Political Rights 

the 1984 UN Convention Against Torture 

the  1951  Geneva  Convention  relating  to  the  Status  of  Refugees  and  its  Protocol  of 
1967. 

The  Requested  State  shall  in  particular  ensure,  in  compliance  with  its  obligations  under  the 
international instruments listed above, the protection of the rights of persons readmitted to its 
territory. 

The  Requesting  State  should  give  preference  to  voluntary  return  over  forced  return  where 
there  are  no  reasons  to  believe  that  this  would  undermine  the  return  of  a  person  to  the 
Requested State. 

SECTION I  
READMISSION OBLIGATIONS BY AZERBAIJAN 

Article 3 
Readmission of own nationals 

Azerbaijan  shall  readmit,  upon  application  by  a  Member  State  and  without  further 
1. 
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 Azerbaijan. 

2. 

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Azerbaijan shall also readmit: 

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

spouses,  holding  another  nationality  or  being  stateless,  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 Azerbaijan, unless they have an independent right of 
residence in the Requesting Member State or hold a valid residence permit issued by 
another Member State. 

3. 
Azerbaijan  shall  also  readmit  persons,  illegally  present  or  residing  in  the  Requesting 
Member  State  who  have  renounced  the  nationality  of  Azerbaijan  in  accordance  with  the 
national laws of the latter since entering the territory of a Member State, unless such persons 
have at least been promised naturalisation by any Member State. 

After  Azerbaijan  has  given  a  positive  reply  to  the  readmission  application,  the 
4. 
competent diplomatic or consular representation of Azerbaijan shall, irrespective of the will of 

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the person to be readmitted, free of charge and not later than within five working days, issue 
the  travel  document  required  for  the  return  of  the  person  to  be  readmitted  with  a  period  of 
validity  of  150  days.  If  Azerbaijan  has  not,  within  five  working  days,  issued  the  travel 
document,  it  shall  be  deemed  to  accept  the  use  of  the  EU  standard  travel  document  for 
expulsion purposes (Annex 7)1. 

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 or 
consular representation of Azerbaijan shall, within five working days and free of charge, issue 
a new travel document with a period of validity of the same duration. If Azerbaijan has not, 
within five working days, issued the new travel document, it shall be deemed to accept the use 
of the EU standard travel document for expulsion purposes (Annex 7)2. 

Article 4 
Readmission of third-country nationals and stateless persons 

1. 
Azerbaijan  shall  readmit,  upon  application  by  a  Member  State  and  without  further 
formalities  other  than  those  provided  for  in  this  Agreement,  any  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) 

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

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

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 Azerbaijan; 

the third-country national or stateless person enjoyed visafree access to the territory 
of the Requesting Member State. 

Without  prejudice  to  Article  7(2),  after  Azerbaijan  has  given  a  positive  reply  to  the 
3. 
readmission  application,  the  Requesting  Member  State  issues  the  person  whose  readmission 
has been accepted the EU standard travel document for expulsion purposes (Annex 7)3. 

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

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SECTION II  
READMISSION OBLIGATIONS BY THE UNION 

Article 5 
Readmission of own nationals 

1. 
A  Member  State  shall  readmit,  upon  application  by  Azerbaijan  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 
Azerbaijan 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. 

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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 Azerbaijan, 

spouses,  holding  another  nationality  or  being  stateless,  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 Azerbaijan. 

3. 
A Member State shall also readmit persons, illegally present or residing in Azerbaijan 
who  have  been  deprived  of,  or  who  have  renounced,  the  nationality  of  a  Member  State  in 
accordance with the national laws of the latter since entering the territory of Azerbaijan, unless 
such persons have at least been promised naturalisation by Azerbaijan. 

After  the  Requested  Member  State  has  given  a  positive  reply  to  the  readmission 
4. 
application,  the  competent  diplomatic  or  consular  representation  of  that  Member  State  shall, 
irrespective of the will of the person to be readmitted, free of charge and not later than within 
five  working  days,  issue  the  travel  document  required  for  the  return  of  the  person  to  be 
readmitted  with  a  period  of  validity  of  150  days.  If  the  Requested  Member  State  has  not, 
within five working days, issued the travel document, it shall be deemed to accept the use of 
the standard travel document for expulsion purposes of Azerbaijan (Annex 8).  

If, for legal or factual reasons, the person concerned cannot be transferred within the 
5. 
period of validity of the travel document that was initially issued, the competent diplomatic or 
consular  representation  of  that  Member  State  shall,  within  five  working  days  and  free  of 
charge,  issue  a  new  travel  document  with  a  period  of  validity  of  the  same  duration.  If  that 
Member  State  has  not,  within  five  working  days,  issued  the  travel  document,  it  shall  be 
deemed  to  accept  the  use  of  the  standard  travel  document  for  expulsion  purposes  of 
Azerbaijan (Annex 8). 

Article 6 
Readmission of third-country nationals and stateless persons 

A  Member  State  shall  readmit,  upon  application  by  Azerbaijan  and  without  further 
1. 
formalities  other  than  those  provided  for  in  this  Agreement,  any  third-country  nationals  or 

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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 Azerbaijan 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 at the time of submission of the readmission application a valid visa or residence 
permit issued by the Requested Member State; or 

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

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 

the third-country national or stateless person enjoyed visafree access to the territory 
of Azerbaijan. 

The readmission obligation in paragraph 1 is for the Member State that issued a visa or 
3. 
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. 

4. 
Without prejudice to Article 7(2), after the Member State has given a positive reply to 
the  readmission  application,  Azerbaijan  issues  the  person  whose  readmission  has  been 
accepted the travel document required for his or her return (Annex 8). 

SECTION III 
READMISSION PROCEDURE 

Article 7 
Principles 

Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of 
1. 
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 and, in the 
2. 
case of third country nationals or stateless persons, also a valid visa or residence permit of the 
Requested  State,  the  transfer  of  such  person  can  take  place  without  the  Requesting  State 
having  to  submit  a  readmission  application  and,  in  the  case  of  a  national  of  the  Requested 
State,  without  having  to  submit  a  written  notification  referred  to  in  Article  12(1)  to  the 
competent authority of the Requested State. 

3. 
Without prejudice to paragraph 2, if a person has been apprehended in an area which 
extends  up  to  15  kilometres  from  and  including  the  territories  of  seaports  and  international 
airports,  including  custom  zones,  of  the  Requesting  State  after  illegally  crossing  the  border 

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coming directly from the territory of the Requested State, the Requesting State may submit a 
readmission  application  within  two  working  days  following  this  person’s  apprehension 
(accelerated procedure). 

Article 8 
Readmission application 

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

1. 
information: 

(a) 

(b) 

(c) 

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

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

in  case  of  third  country  nationals  and  stateless  persons,  indication  of  the  means  of 
proof or prima facie evidence of the conditions for the readmission of third-country 
nationals and stateless persons as set out by Annexes 3 and 4 respectively; 

(d) 

photograph of the person to be readmitted. 

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

2. 
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 as Annex 5 to this 

3. 
Agreement. 

A  readmission  application  may  be  submitted  by  any  means  of  communication 

4. 
including electronic ones e.g. fax, e-mails etc. 

Article 9 
Means of evidence regarding nationality 

1. 
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, even if their period of 
validity has expired by up to 6 months. If such documents are presented, the Member States 
and  Azerbaijan  shall  mutually  recognise  the  nationality  without  further  investigation  being 
required. Proof of nationality cannot be furnished through false documents. 

2. 
Prima facie evidence of nationality pursuant to Article 3 (1) and Article 5 (1) can be 
particularly furnished through the documents listed in Annex 2 to this Agreement, even if their 
period  of  validity  has  expired.  If  such  documents  are  presented,  the  Member  States  and 
Azerbaijan  shall  deem  the  nationality  to  be  established,  unless  they  can  prove  otherwise. 
Prima facie evidence of nationality cannot be furnished through false documents. 

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If  none  of  the  documents  listed  in  Annexes  1  or  2  can  be  presented,  or  if  they  are 
3. 
insufficient  giving  duly  motivated  reasons, 
the  competent  diplomatic  or  consular 
representation  of  the  Requested  State  concerned  shall,  upon  a  request  from  the  Requesting 
State  which  is  to  be  included  in  the  readmission  application,  interview  the  person  to  be 
readmitted without undue delay at the latest within five working days from the requesting day, 
in order to establish his or her nationality.  

The procedure for such interviews may be established in the implementing Protocols 

4. 
provided for in Article 20 of this Agreement.  

Article 10 
Means of evidence regarding third-country nationals and stateless persons 

1. 
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 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 
Azerbaijan without any further investigation being required. 

Prima facie evidence of the conditions for the readmission of third-country nationals 
2. 
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 Azerbaijan 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  are  missing.  A  statement  by  the  Requesting 
State  that  the  person  concerned  has  been  found  not  having  the  necessary  travel  documents, 
visa  or  residence  permit  shall  likewise  provide  prima  facie  evidence  of  the  unlawful  entry, 
presence or residence. 

Article 11 
Time limits  

The  application  for  readmission  must  be  submitted  to  the  competent  authority  of  the 
1. 
Requested  State  within  a  maximum  of  6  months  after  the  Requesting  State’s  competent 
authority has gained knowledge that a third-country national or a stateless person does not, or 
does no longer, fulfil the conditions in force for entry, presence or residence. Where there are 
legal or factual obstacles to the application being submitted in time, the time limit shall, upon 
request by the Requesting State, be extended but only until the obstacles have ceased to exist. 

2. 

– 

– 

A readmission application must be replied to in writing  

within  two  working  days  if  the  application  has  been  made  under  the  accelerated 
procedure (Article 7(3)); 

within fifteen calendar days in all other cases.  

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This time limit begins to run with the date of confirmed receipt of the readmission request. If 
there is 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. fax, e-mails etc. 

3. 

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

4. 
After Agreement has been given or, where appropriate, after expiry of the time limits 
laid down in paragraph 2, the person concerned shall be transferred within three months. On 
request of the Requesting State, this time limit may be extended by the time taken to deal with 
legal or practical obstacles. 

Article 12 
Transfer modalities and modes of transportation 

Without prejudice to Article 7(2), before returning a person, the competent authorities 
1. 
of  the  Requesting  State  shall  notify  in  writing  at  least  three  working  days  in  advance  the 
competent  authorities  of  the  Requested  State  regarding  the  transfer  date,  the  point  of  entry, 
possible escorts and other information relevant to the transfer.  

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

If  the  transfer  takes  place  by  air,  possible  escorts  shall  be  exempted  from  having  to 

3. 
obtain necessary visas.  

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 six months, and in case of third-country nationals or stateless 
persons 12 months, after the transfer of the person concerned, that the requirements laid down 
in Articles 3 to 6 of this Agreement are not met. 

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

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SECTION IV 
TRANSIT OPERATIONS 

Article 14 
Principles 

1. 
The Member States and Azerbaijan 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. 

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

3. 

(a) 

(b) 

(c) 

Transit can be refused by Azerbaijan or a Member State: 

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

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

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

Azerbaijan  or  a  Member  State  may  revoke  any  authorisation  issued  if  circumstances 
4. 
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 15 
Transit procedure  

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

1. 
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 possible use of escorts;  

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(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. fax, e-mails etc. 

The Requested State shall, within five working days after receipt of the application and 
2. 
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. 

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

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.  

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

Transit of the persons shall be carried out within 30 days of receipt of consent to the 

5. 
request, unless otherwise agreed. 

SECTION V 
COSTS 

Article 16 
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 RELATION TO OTHER INTERNATIONAL OBLIGATIONS  

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  Azerbaijan  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 Azerbaijan and, where the controller is 
a competent authority of a Member State, to the provisions of Directive 95/46/EC and of the 

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national legislation of that Member State adopted pursuant to this Directive. Additionally the 
following principles shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

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, 

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 
Relation to other international obligations  

This  Agreement  shall  be  without  prejudice 

the  rights,  obligations  and 
1. 
responsibilities of the Union, its Member States and Azerbaijan arising from International Law 

to 

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including  from  international  conventions  to  which  they  are  party,  in  particular  from  the 
international instruments listed in Article 2, and: 

– 

– 

– 

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

international conventions on extradition and transit, 

multilateral international conventions and agreements  on  the  readmission  of  foreign 
nationals such as the Convention on International Civil Aviation. 

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

2. 
informal arrangements. 

SECTION VII 
IMPLEMENTATION AND APPLICATION  

Article 19 
Joint readmission committee 

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

(a) 

(b) 

(c) 

(d) 

(e) 

2. 

3. 

to monitor the application of this Agreement; 

to  address  issues  arising out  of the interpretation or application of the provisions in 
this Agreement; 

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 Azerbaijan pursuant to Article 20; 

to recommend amendments to this Agreement and its Annexes. 

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

The committee shall be composed of representatives of the Union and Azerbaijan. 

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

4. 
Parties. 

5. 

The committee shall establish its rules of procedures. 

Article 20 
Implementing Protocols 

1. 
Without prejudice to the direct applicability of the present Agreement, on request of a 
Member State or Azerbaijan, Azerbaijan and a Member State shall draw up an implementing 
Protocol which shall, inter alia, cover rules on: 

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(a) 

(b) 

(c) 

(d) 

(e) 

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

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

means  and  documents  additional  to  those  listed  in  the  Annexes  1  to  4  to  this 
Agreement; 

the modalities 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 19, has been notified. 

3. 
Azerbaijan 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. 
The  Member  States  agree  to  apply  any  provision  of  an  implementing  Protocol  drawn  up  by 
one of them with the Republic of Azerbaijan also in their relations with the latter, upon request 
of the latter and subject to the practical feasibility of its application to other Member States. 

Article 21 
Relation to bilateral readmission agreements  
or arrangements of Member States 

The  provisions  of  this  Agreement  shall  take  precedence  over  the  provisions  of  any  bilateral 
agreement or arrangement on the readmission of persons residing without authorisation which 
have  been  or  may,  under  Article  20,  be  concluded  between  individual  Member  States  and 
Azerbaijan,  in  so  far  as  the  provisions  of  the  latter  are  incompatible  with  those  of  this 
Agreement. 

SECTION VIII  
FINAL PROVISIONS 

Article 22 
Territorial application 

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

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

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Article 23 
Entry into force, duration and termination  

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

1. 
with their respective procedures. 

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

3. 
This  Agreement  shall  apply  to  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  and  to  Ireland  on  the  first  day  of  the  second  month  following  the  date  of  the 
notification referred to in Article 22(2). 

4. 

The Agreement is concluded for an unlimited period. 

5. 
Each  Contracting  Party  may,  by  officially  notifying  the  other  Contracting  Party  and 
after  prior  consultation  of  the  committee  referred  to  in  Article  19,  completely  or  partly, 
temporarily  suspend  the  implementation  of  this  Agreement.  The  suspension  shall  enter  into 
force on the second day following the day of such notification. 

Each Contracting Party may denounce this Agreement by officially notifying the other 
6. 
Contracting  Party.  This  Agreement  shall  cease  to  apply  six  months  after  the  date  of  such 
notification. 

Article 24 
Amendments to the Agreement 

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

Annexes 1 to 8 shall form an integral part of this Agreement.  

Article 25 
Annexes  

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

For the European Union 

For the Republic of Azerbaijan 

(…) 

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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)) 

– 

– 

– 

passports  of  any  kind  (national  passports,  ordinary  passports,  diplomatic  passports, 
service  passports,  official  passports,  collective  passports  and  surrogate  passports 
including children’s passports),  

laissez-passer issued by the Requested State, 

identity  cards  of  any  kind  (including  temporary  and  provisional  ones),  with  the 
exception of seaman's identity cards. 

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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)) 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

documents  listed  in  Annex  1,  the  validity  of  which  has  expired  by  more  than  6 
months, 

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

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

driving licenses or photocopies thereof, 

birth certificates or photocopies thereof,  

company identity cards or photocopies thereof, 

service books and military identity cards, 

seaman’s registration books and skippers’ service cards, and seaman's identity cards, 

statements by witnesses, 

statements  made  by  the  person  concerned  and  language  spoken  by  him  or  her, 
including by means of an official test result, 

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

fingerprints, 

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

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

confirmation of identity as a result of a search carried out in IAMAS (Entry-Exit and 
Registration Automated Information Search System of the Republic of Azerbaijan). 

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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  of  the  person 
concerned or other evidence of entry/departure (e.g. photographic), 

identity cards issued to stateless persons permanently residing in the Requested State, 

laissez-passer issued to stateless persons permanently residing in the Requested State. 

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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 information by family members, travelling companions, etc.; 

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

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

statement by the person concerned; 

fingerprints. 

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ANNEX 5 

[Emblem of the Republic of Azerbaijan]  

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

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

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

(Place and date) 

(Designation of requesting authority) 

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

To 

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

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

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

(Designation of requested authority) 

(cid:137) 

(cid:137) 

ACCELERATED PROCEDURE (Article 7(3)) 

INTERVIEW REQUEST (Article 9(3)) 

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

A. 

PERSONAL DETAILS 

1.  Full name (underline surname): 

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

2.  Maiden name: 

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

3.  Date and place of birth: 

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

Photograph 

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

4. 
………………………………………………………………………………………...................…………………. 
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:137) married 

(cid:137) single 

(cid:137) divorced 

(cid:137) widowed  

If married : 

Name of spouse .......................................................................................................................... 

Names and age of children (if any) 

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

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

Last address in the requested State: 

8. 
............................................................................................................................................………....................……  

B. 

PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE) 

1. 

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

2.  Maiden name: …………………………………...........................................................……………………………… 

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

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

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

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 

State of health  

1. 
(e.g. possible reference to special medical care; Latin name of contagious disease): 

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

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

E. 

1. 

MEANS OF EVIDENCE ATTACHED 

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

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

(Passport No.) 

(date and place of issue) 

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

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

(issuing authority) 

(expiry date) 

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2. 

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

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

(Identity card No.) 
..............................................................................…………
(issuing authority) 

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

(date and place of issue) 

(expiry date) 

3. 

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

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

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

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

(date and place of issue) 

(expiry date) 

4. 

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

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

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

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

(date and place of issue) 

(expiry date) 

F. 

OBSERVATIONS 

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

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

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

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

(Signature) (Seal/stamp) 

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ANNEX 6 

[Emblem of the Republic of Azerbaijan]  

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

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

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

(Place and date) 

(Designation of requesting authority) 

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

To 

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

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

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

(Designation of requested authority) 

ACCELERATED PROCEDURE (Article 7(3)) 

INTERVIEW REQUEST (Article 9(3)) 

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

(cid:137) 

(cid:137) 

A. 

1. 

PERSONAL DETAILS 

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

2.  Maiden name: 

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

3.  Date and place of birth: 

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

Photograph 

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

4. 
………………………………………………………………………………………...................…………………. 
5.  Also known as (earlier names, other names used/by which known or aliases): 
...........................................................................................................................……….............……………. 

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

Type and number of travel document: 

B. 

1. 

TRANSIT OPERATION 

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. 

6. 

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

(cid:137)  yes 

(cid:137)  no 

Knowledge of any reason for a refusal of transit (Article 14 paragraph 3) 

(cid:137)  yes 

(cid:137)  no 

C. 

OBSERVATIONS 

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

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

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

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

(Signature) (Seal/stamp) 

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ANNEX 7 

EU STANDARD TRAVEL DOCUMENT FOR EXPULSION PURPOSES 

(In line with the form set out in EU Council Recommendation of 30 November 1994)1 

1 

OJ C 247, 19 September 1996, p. 18. 

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ANNEX 8 

AZƏRBAYCAN RESPUBLIKASINDAN SƏYAHƏT SƏNƏDİ 

TRAVEL DOCUMENT FROM THE REPUBLIC OF AZERBAIJAN 

№ ___________________ 

Hansı ölkəyə: .................................................................................................................................... 
For a journey to 

Adı: 
First name 

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

Soyadı: .................................................... 
Surname 

Doğum tarixi: 
Date of birth 

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

Doğulduğu yer: .......................................................................................................... 
Place of birth 

Cinsi: 
Sex 

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

Boyu: 
Height 

......................  Gözlərinin rəngi: 

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

Colour of eyes 

FOTO 

Xüsusi əlamətləri: 
Distinguishing marks 

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

Vətəndaşlığı: ..............................................................................................................  
Nationality 

Ölkəsindəki yaşayış ünvanı (əgər bilinirsə): 
......................................................................................................................................... 
Address in home country (if known) 

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Sənədi verən orqanın adı: 
İssuing authority 

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

Sənədin verilmə tarixi:  ................................................................................................... 
İssued at 

MÖHÜR 

YERİ 

Etibarlıdır: 
Valid through 

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

İmza: 
Signature 

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

Əlavə qeydlər:  .................................................................................................................................. 
Remarks / Observations 

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

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

Bir səfər üçün nəzərdə tutulub. 
Valid for one journey only 

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Joint Declaration concerning Article 3(3) 

The Contracting Parties take note that, according to the nationality laws of the Republic of 
Azerbaijan, it is not possible for a citizen of the Republic of Azerbaijan to be deprived of 
his or her nationality. 

The Parties agree to consult each other in due time, should this legal situation change. 

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Joint Declaration concerning Articles 4 and 6 

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 the Kingdom of 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 Azerbaijan and the Kingdom of Denmark conclude a 
readmission agreement in the same terms as this Agreement.  

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Joint Declaration concerning the Republic of Iceland and the Kingdom of 
Norway 

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

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Joint Declaration concerning the Swiss Confederation  

The Contracting Parties take note of the close relationship between the European Union and 
the Swiss Confederation, particularly by virtue of the Agreement concerning the association 
of  the  Swiss  Confederation  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 Azerbaijan concludes a readmission agreement with the Swiss Confederation 
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  Azerbaijan  concludes  a  readmission  agreement  with  the 
Principality of Liechtenstein in the same terms as this Agreement. 

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