Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation
Date: 2014-02-28
Institutions: Azerbaijan, European Union
Subjects: Azerbaijan, admission of aliens, agreement (EU), illegal migration, residence permit, return migration, stateless person




L_2014128EN.01001701.xml










30.4.2014   


EN


Official Journal of the European Union


L 128/17








            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 cooperation 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 cooperation,
EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, of its Member States and of 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 on the position of 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 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 Protocol No 22 on the position of the Kingdom of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
HAVE AGREED AS FOLLOWS:



Article 1

Definitions

For the purpose of this Agreement:






(a)


‘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 into, present in or residing in the Requesting State, in accordance with the provisions of this Agreement;










(b)


‘Contracting Parties’ shall mean Azerbaijan and the Union;










(c)


‘Member State’ shall mean any Member State of the Union bound by this Agreement;










(d)


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










(e)


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










(f)


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










(g)


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










(h)


‘Residence permit’ shall mean a permit of any type issued by Azerbaijan or by 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;










(i)


‘Visa’ shall mean an authorisation issued or a decision taken by Azerbaijan or by 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;










(j)


‘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;










(k)


‘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;










(l)


‘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);










(m)


‘Transit’ shall mean the passage of a third-country national or of 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:






—


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


1.   Azerbaijan 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 Azerbaijan.


2.   Azerbaijan shall also readmit:






(a)


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;










(b)


spouses, holding another nationality or who are 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.


4.   After Azerbaijan has given a positive reply to the readmission application, the competent diplomatic or consular representation of Azerbaijan 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 Azerbaijan does not, within five working days, issue 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 does not, within five working days, issue 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)


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










(b)


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






2.   The readmission obligation in paragraph 1 shall not apply if:






(a)


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










(b)


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






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




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.   A Member State shall also readmit:






(a)


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;










(b)


spouses, holding another nationality or who are 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.


4.   After the Requested Member State has given a positive reply to the readmission 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 does not, within five working days, issue the travel document, it shall be deemed to accept the use of the standard travel document for expulsion purposes of Azerbaijan (Annex 8).


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 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 does not, within five working days, issue 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


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






(a)


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










(b)


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






2.   The readmission obligation in paragraph 1 shall not apply if:






(a)


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










(b)


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






3.   The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.


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




SECTION III


READMISSION PROCEDURE



Article 7

Principles


1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations under Articles 3 to 6 shall require the submission of a readmission application to the competent authority of the Requested State.


2.   If the person to be readmitted is in possession of a valid travel document and, in the 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, coming directly from the territory of the Requested State, the Requesting State may submit a readmission application within two working days following that person's apprehension (accelerated procedure).



Article 8

Readmission application


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






(a)


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










(b)


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










(c)


in the case of third-country nationals and stateless persons, an 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 in Annexes 3 and 4 respectively;










(d)


a photograph of the person to be readmitted.






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






(a)


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










(b)


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






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


4.   A readmission application may be submitted by any means of communication 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, in particular, be furnished through the documents listed in Annex 1, 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, in particular, be furnished through the documents listed in Annex 2, 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.


3.   If none of the documents listed in Annexes 1 or 2 can be presented, or if they are 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 of the requesting day, in order to establish his or her nationality.


4.   The procedure for such interviews may be established in the implementing Protocols provided for in Article 20.



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, in particular, be furnished through the means of evidence listed in Annex 3; 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.


2.   Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 4(1) and Article 6(1) shall, in particular, be furnished through the means of evidence listed in Annex 4; 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


1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of 6 months after the Requesting State's competent authority has gained knowledge that a third-country national or a stateless person does not 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 on time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles cease to exist.


2.   A readmission application must be replied to in writing within:






(a)


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










(b)


fifteen calendar days in all other cases.




This time limit begins to run from 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


1.   Without prejudice to Article 7(2), before returning a person, the competent authorities 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.


2.   Transportation may take place by any means including by air or sea. Return by air shall not be restricted to the use of the national carriers of Azerbaijan or of 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.


3.   If the transfer takes place by air, possible escorts shall be exempted from having to obtain the 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, within 12 months, after the transfer of the person concerned, that the requirements laid down in Articles 3 to 6 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.



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 other possible States of transit and the readmission by the State of destination is assured.


3.   Transit can be refused by Azerbaijan or a Member State:






(a)


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










(b)


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










(c)


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






4.   Azerbaijan 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 other 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


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






(a)


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










(b)


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










(c)


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










(d)


a declaration that, in the view of the Requesting State, the conditions set out in 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.
A transit application may be submitted by any means of communication including electronic ones e.g. fax, e-mails etc.


2.   The Requested State shall, within five working days after receipt of the application and in writing, inform the Requesting State of the admission, confirming the point of entry and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal. If there was no reply within five working days, the transit shall be deemed to have been agreed to.
Reply to a transit application may be submitted by any means of communication including electronic ones e.g. fax, e-mails etc.


3.   If the transit operation takes place by air, the person to be readmitted, and possible escorts, shall be exempted from having to obtain an airport transit visa.


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.


5.   Transit of the persons concerned shall be carried out within 30 days of receipt of the consent to the 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 from 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 to the national legislation of that Member State adopted pursuant to this Directive. Additionally, the following principles shall apply:






(a)


personal data must be processed fairly and lawfully;










(b)


personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;










(c)


personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:






—


the particulars of the person to be transferred (e.g. given names, surnames, any previous –names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality),










—


passport, identity card or driving licence (number, period of validity, date of issue, issuing authority, place of issue),










—


stop-overs and itineraries,










—


other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;














(d)


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










(e)


personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;










(f)


both the communicating authority and the receiving authority shall take every reasonable step to ensure, as appropriate, the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;










(g)


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










(h)


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










(i)


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






Article 18

Relation to other international obligations


1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, its Member States and Azerbaijan arising from international law 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.






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




SECTION VII


IMPLEMENTATION AND APPLICATION



Article 19

Joint Readmission Committee


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 following tasks:






(a)


to monitor the application of this Agreement;










(b)


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










(c)


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










(d)


to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Azerbaijan pursuant to Article 20;










(e)


to recommend amendments to this Agreement and its Annexes.






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


3.   The Committee shall be composed of representatives of the Union and of Azerbaijan.


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


5.   The Committee shall establish its rules of procedure.



Article 20

Implementing Protocols


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






(a)


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










(b)


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










(c)


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










(d)


the modalities for readmission under the accelerated procedure;










(e)


the procedure for interviews.






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


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



Article 23

Entry into force, duration and termination


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


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



Article 24

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.


Article 25

Annexes

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





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

За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
Avropa İttifaqı adından







За Азербайджанската република
Por la República de Azerbaiyán
Za Ázerbájdžánskou republiku
For Republikken Aserbajdsjan
Für die Republik Aserbaidschan
Aserbaidžaani Vabariigi nimel
Για τη Δημοκρατία χου Αζερμπαϊτζάν
For the Republic of Azerbaijan
Pour la République d'Azerbaïdjan
Za Republiku Azerbajdžan
Per la Repubblica dell'Azerbaigian
Azerbaidžanas Republikas vārdā –
Azerbaidžano Respublikos vardu
Az Azerbajdzsán Köztársaság részéről
Għar-Repubblika tal-Azerbajģan
Voor de Republiek Azerbeidzjan
W imieniu Republiki Azerbejdżanu
Pela República do Azerbaijāo
Pentru Republica Azerbaidjan
Za Azerbajdžanskú republiku
Za Azerbajdžansko republiko
Azerbaidžanin tasavallan puolesta
För Republiken Azerbajdzjan















(1)  In line with the form set out in Council Recommendation of 30 November 1994, OJ C 274, 19.9.1996, p. 18.

(2)  Ibid.

(3)  Ibid.




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.









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,










—


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).









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.









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.









ANNEX 5





Text of image

[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))






Text of image

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
Photograph
A. PERSONAL DETAILS
1. Full name (underline surname):
2. Maiden name:
3. Date and place of birth:
4. Sex and physical description (height, colour of eyes, distinguishing marks etc.):
5. Also known as (earlier names, other names used/by which known or aliases):
6. Nationality and language:
7. Civil status: married single divorced widowed
If married: Name of spouse
Names and age of children (if any)
8. Last address in the requested State:
B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE)
1. Full name (underline surname):
2. Maiden name:
3. Date and place of birth:
4. Sex and physical description (height, color of eyes, distinguishing marks etc.):
5. Also known as (earlier names, other names used/by which known or aliases):
6. Nationality and language:






Text of image

C. PERSONAL DETAILS OF CHILDREN (IF APPROPRIATE)
1. Full name (underline surname):
2. Date and place of birth:
3. Sex and physical description (height, colour of eyes, distinguishing marks etc.):
4. Nationality and language:
D. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE
1. State of health
(e.g. possible reference to special medical care; Latin name of contagious disease):
2. Indication of particularly dangerous person
(e.g. suspected of serious offence; aggressive behaviour):
E. MEANS OF EVIDENCE ATTACHED
1.
(Passport No.)
(date and place of issue)
(issuing authority)
(expiry date)
2.
(Identity card No.)
(date and place of issue)
(issuing authority)
(expiry date)
3.
(Driving licence No.)
(date and place of issue)
(issuing authority)
(expiry date)
4.
(Other official document No.)
(date and place of issue)
(issuing authority)
(expiry date)
F. OBSERVATIONS
(Signature) (Seal/stamp)






ANNEX 6





Text of image

[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))






Text of image

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
Photograph
A. PERSONAL DETAILS
1. Full name (underline surname):
2. Maiden name:
3. Date and place of birth:
4. Sex and physical description (height, colour of eyes, distinguishing marks etc.):
5. Also known as (earlier names, other names used/by which known or aliases):
6. Nationality and language:
7. Type and number of travel document:
B. TRANSIT OPERATION
1. Type of transit
by air
by land
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 14 paragraph 2)
yes no
6. Knowledge of any reason for a refusal of transit (Article 14 paragraph 3)
yes no






Text of image

C. OBSERVATIONS
(Signature) (Seal/stamp)






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, 19.9.1996, p. 18.





ANNEX 8





Text of image

TRAVEL DOCUMENT FROM THE REPUBLIC OF AZERBAIJAN
№
FOTO
For a journey to
First name Surname
Date of birth
Place of birth
Sex Height Colour of eyes
Distinguishing marks
Nationality
Address in home country (if known)






Text of image

İssuing authority
İssued at
Valid through
Signature
Remarks/Observations
Valid for one journey only







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.






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.






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.






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.






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.






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.