欧盟与亚美尼亚共和国之间的协议,关于重新接纳无居住权人员
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22013A1031(02)
OJ编号:OJ L 289, 31.10.2013, p. 13-29
中文标题:欧盟与亚美尼亚共和国之间的协议,关于重新接纳无居住权人员
原文标题:Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation
分类:19.50_外部关系;11.40.10.40_其它欧洲国家
文件类型:外部关系 Agreement, opinion|协议、意见
生效日期:2014-01-01
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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31.10.2013 Official
Journal
of
the
European
Union L
289/13
AGREEMENT
between the European Union and the Republic of Armenia on the readmission of persons residing
without authorisation
THE CONTRACTING PARTIES,
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
and
THE REPUBLIC OF ARMENIA, hereinafter referred to as ‘Armenia’,
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 Armenia or one of the Member States of the European Union, and to facilitate the
transit of such persons in a spirit of cooperation,
EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union,
its Member States and Armenia arising from international law and, in particular, from the Convention of 28 July 1951
relating to the Status of Refugees as amended by the Protocol of 31 January 1967, and the Convention of 4 November
1950 for the Protection of Human Rights and Fundamental Freedoms,
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
No 22 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:
Article 1
(h) ‘Visa’ shall mean an authorisation issued or a decision taken
by Armenia or one of the Member States which is required
Definitions
with a view to entry in, or transit through, its territory.
For the purpose of this Agreement:
This shall not include airport transit visa;
(a) ‘Contracting Parties’ shall mean Armenia and the Union;
(i) ‘Requesting
State’
shall
mean
the
State
(Armenia
or
one
of
the Member States) submitting a readmission application
(b) ‘National of Armenia’ shall mean any person who holds the
pursuant to Article 8 or a transit application pursuant to
citizenship of Armenia in accordance with the legislation of
Article 15 of this Agreement;
the Republic of Armenia;
(c) ‘National of a Member State’ shall mean any person who
(j) ‘Requested
State’
shall
mean
the
State
(Armenia
or
one
of
holds the nationality, as defined for Union purposes, of a
the Member States) to which a readmission application
Member State;
pursuant to Article 8 or a transit application pursuant to
Article 15 of this Agreement is addressed;
(d) ‘Member State’ shall mean any Member State of the
European Union bound by this Agreement;
(k) ‘Competent authority’ shall mean any national authority of
Armenia or one of the Member States entrusted with the
(e) ‘Third-country national’ shall mean any person who holds a
implementation of this Agreement in accordance with
nationality other than that of Armenia or one of the
Article 20(1)(a) thereof;
Member States;
(f) ‘Stateless
person’
shall
mean
any
person
who
does
not
hold
(l) ‘Transit’
shall
mean
the
passage
of
a
third
country
national
a nationality;
or a stateless person through the territory of the Requested
State while travelling from the Requesting State to the
(g) ‘Residence permit’ shall mean a permit of any type issued
country of destination;
by Armenia or one of the Member States entitling a person
to reside on its territory. This shall not include temporary
(m) ‘Border region’ shall mean an area which extends up to 15
permissions to remain on its territory in connection with
kilometres from the territories of seaports including custom
the processing of an asylum application or an application
zones, and international airports of the Member States and
for a residence permit;
Armenia.
L 289/14
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Official Journal of the European Union
31.10.2013
Article 2
residence in the Requesting Member State or hold a valid
residence permit issued by another Member State,
Fundamental principles
While strengthening cooperation on preventing and combating
irregular migration, the Requested and Requesting State shall, in
— spouses, holding another nationality or being stateless, of
the application of this Agreement to persons falling within its
the persons mentioned in paragraph 1, provided they have
scope, ensure respect for human rights and for the obligations
the right to enter and stay or receive the right to enter and
and responsibilities following from relevant international
stay in the territory of Armenia, unless they have an inde
instruments applicable to them, in particular:
pendent right of residence in the Requesting Member State
or hold a valid residence permit issued by another Member
State.
— the Universal Declaration of the Human Rights of
10 December 1948,
3. Armenia
shall
also
readmit
persons
who
have
renounced
the nationality of Armenia since entering the territory of a
— the Convention of 4 November 1950 for the Protection of
Member State, unless such persons have at least been
Human Rights and Fundamental Freedoms,
promised naturalisation by that Member State.
— the International Covenant of 16 December 1966 on Civil
4. After
Armenia
has
given
a
positive
reply
to
the
read
and Political Rights,
mission application, the competent diplomatic or consular
representation of Armenia shall, irrespective of the will of the
person to be readmitted, immediately, free of charge and not
— the UN Convention of 10 December 1984 against Torture
later than within three working days, issue the travel document
and Other Cruel, Inhuman or Degrading Treatment or
required for the return of the person to be readmitted with a
Punishment,
period of validity of 120 days. If Armenia has not, within three
working days, issued the travel document, it shall be deemed to
accept the use of the EU standard travel document for expulsion
— the Convention of 28 July 1951 relating to the Status of
purposes ( 1 ).
Refugees and the Protocol of 31 January 1967 relating to
the Status of Refugees.
5. If,
for
legal
or
factual
reasons,
the
person
concerned
cannot be transferred within the period of validity of the
The Requested State shall in particular ensure, in compliance
travel document that was initially issued, the competent
with its obligations under the international instruments listed
diplomatic or consular representation of Armenia shall, within
above, the protection of the rights of persons readmitted to its
three working days and free of charge, issue a new travel
territory.
document with a period of validity of the same duration. If
Armenia has not, within three working days, issued the new
travel document, it shall be deemed to accept the use of the EU
The Requesting State should give preference to voluntary return
standard travel document for expulsion purposes ( 2 ).
over forced return where there are no reasons to believe that
this would undermine the return of a person to the Requested
State.
Article 4
Readmission of third-country nationals and stateless
SECTION I
persons
READMISSION OBLIGATIONS BY ARMENIA
1. Armenia
shall
readmit,
upon
application
by
a
Member
State and without further formalities other than those
Article 3
provided for in this Agreement, all third-country nationals or
Readmission of own nationals
stateless persons who do not, or who no longer, fulfil the
conditions in force for entry to, presence in, or residence on,
1. Armenia
shall
readmit,
upon
application
by
a
Member the territory of the Requesting Member State provided that it is
State and without further formalities other than those
proved, or may be validly assumed on the basis of prima facie
provided for in this Agreement, all persons who do not, or
evidence furnished, that such persons:
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
(a) hold at the time of submission of the readmission appli
assumed on the basis of prima facie evidence furnished, that
cation a valid visa or residence permit issued by Armenia; or
they are nationals of Armenia.
(b) illegally and directly entered the territory of the Member
2. Armenia
shall
also
readmit:
States after having stayed on, or transited through, the
territory of Armenia.
— minor unmarried children of the persons mentioned in
( 1 ) In line with the form set out in EU Council recommendation of
paragraph 1, regardless of their place of birth or their
30 November 1994.
nationality, unless they have an independent right of
( 2 ) Ibid.
EN
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2. The
readmission
obligation
in
paragraph
1
shall
not
apply
Article 6
if the third country national or stateless person has only been in
airside transit via an international airport of Armenia.
Readmission of third-country nationals and stateless
persons
1. A
Member
State
shall
readmit,
upon
application
by
3. Without
prejudice
to
Article
7(2),
after
Armenia
has
given Armenia and without further formalities other than those
a positive reply to the readmission application, the Requesting
provided for in this Agreement, all third-country nationals or
Member State issues to the person whose readmission has been
stateless persons who do not, or who no longer, fulfil the
accepted the EU standard travel document for expulsion
conditions in force for entry to, presence in, or residence on,
purposes ( 3 ).
the territory of Armenia provided that it is proved, or may be
validly assumed on the basis of prima facie evidence furnished,
SECTION II
that such persons:
READMISSION OBLIGATIONS BY THE UNION
Article 5
(a) hold at the time of submission of the readmission appli
cation a valid visa or residence permit issued by the
Readmission of own nationals
Requested Member State; or
1. A
Member
State
shall
readmit,
upon
application
by
Armenia and without further formalities other than those
provided for in this Agreement, all persons who do not, or
(b) illegally and directly entered the territory of Armenia after
who no longer, fulfil the conditions in force for entry to,
having stayed on, or transited through, the territory of the
presence in, or residence on, the territory of Armenia
Requested 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 that Member State.
2. 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
2. A
Member
State
shall
also
readmit:
Member State.
— minor unmarried children of the persons mentioned in
3. The
readmission
obligation
in
paragraph
1
is
for
the
paragraph 1, regardless of their place of birth or their
Member State that issued a visa or residence permit. If two or
nationality, unless they have an independent right of
more Member States issued a visa or residence permit, the read
residence in Armenia,
mission obligation in paragraph 1 is for the Member State that
issued the document with a longer period of validity or, if one
— spouses, holding another nationality or being stateless, of
or several of them have already expired, the document that is
the persons mentioned in paragraph 1, provided they have
still valid. If all of the documents have already expired, the
the right to enter and stay or receive the right to enter and
readmission obligation in paragraph 1 is for the Member
stay in the territory of the Requested Member State, unless
State that issued the document with the most recent expiry
they have an independent right of residence in Armenia.
date. If no such documents can be presented, the readmission
obligation in paragraph 1 is for the Member State of last exit.
3. A
Member
State
shall
also
readmit
persons
who
have
renounced the nationality of a Member State since entering
4. Without prejudice to Article 7(2), after the Member State
the territory of Armenia, unless such persons have at least
has given a positive reply to the readmission application,
been promised naturalisation by Armenia.
Armenia issues to the person whose readmission has been
accepted the travel document required for his or her return.
4. After
the
Requested
Member
State
has
given
a
positive
reply to the readmission application, the competent diplomatic
SECTION III
or consular representation of that Member State shall, irre
spective of the will of the person to be readmitted, immediately,
READMISSION PROCEDURE
free of charge and not later than within three working days,
issue the travel document required for the return of the person
Article 7
to be readmitted with a period of validity of 120 days.
Principles
1. Subject to paragraph 2, any transfer of a person to be
5. If,
for
legal
or
factual
reasons,
the
person
concerned readmitted on the basis of one of the obligations contained in
cannot be transferred within the period of validity of the
Articles 3 to 6 shall require the submission of a readmission
travel document that was initially issued, the competent
application to the competent authority of the Requested State.
diplomatic or consular representation of that Member State
shall, within three working days and free of charge, issue a
new travel document with a period of validity of the same
2. If the person to be readmitted is in possession of a valid
duration.
travel document or identity card and, in the case of third
country nationals or stateless persons, a valid visa or
( 3 ) Ibid.
residence permit of the Requested State, the transfer of
L 289/16
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31.10.2013
such person can take place without the Requesting State having
Article 9
to submit a readmission application or written notification
referred to in Article 12(1) to the competent authority of the
Means of evidence regarding nationality
Requested State.
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, including
3. Without
prejudice
to
paragraph
2,
if
a
person
has
been documents the validity of which has expired by up to six
apprehended in the border region, including airports, of the
months. If such documents are presented, the Member States
Requesting State after illegally crossing the border coming
and Armenia shall mutually recognise the nationality without
directly from the territory of the Requested State, the Requesting
further investigation being required. Proof of nationality cannot
State may submit a readmission application within two working
be furnished through false documents.
days following this person’s apprehension (accelerated
procedure).
2. Prima
facie evidence of nationality pursuant to Article 3(1)
and Article 5(1) can be particularly furnished through the
Article 8
documents listed in Annex 2 to this Agreement, even if their
Readmission application
period of validity has expired. If such documents are presented,
the Member States and Armenia shall deem the nationality to
1. To the extent possible, the readmission application is to
be established, unless they can prove otherwise. Prima facie
contain the following information:
evidence of nationality cannot be furnished through false docu
ments.
(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
3. If
none
of
the
documents
listed
in
Annexes
1
or
2
can
be
applicable, the particulars of minor unmarried children
presented, the competent diplomatic or consular representations
and/or spouses;
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
(b) in case of own nationals, indication of the means with
date of receipt of the readmission application in accordance
which proof or prima facie evidence of nationality as set
with Article 11(2), in order to establish his or her nationality.
out by Annexes 1 and 2 respectively will be provided;
The procedure for such interviews may be established in the
implementing Protocols provided for in Article 20 of this
Agreement.
(c) in case of third country nationals and stateless persons,
indication of the means with which proof or prima facie
evidence of the conditions for the readmission of third-
country nationals and stateless persons as provided for by
Article 10
Annexes 3 and 4 respectively will be provided;
Means of evidence regarding third-country nationals and
stateless persons
(d) photograph of the person to be readmitted.
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
2. To the extent possible, the readmission application shall
means of evidence listed in Annex 3 to this Agreement; it
also contain the following information:
cannot be furnished through false documents. Any such proof
shall be mutually recognised by the Member States and Armenia
without any further investigation being required.
(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;
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 be particularly furnished
(b) any other protection, security measure or information
through the means of evidence listed in Annex 4 to this
concerning the health of the person, which may be
Agreement; it cannot be furnished through false documents.
necessary in the individual transfer case.
Where such prima facie evidence is presented, the Member
States and Armenia shall deem the conditions to be established,
unless they can prove otherwise.
3. A
common
form
to
be
used
for
readmission
applications
is attached as Annex 5 to this Agreement.
3. The
unlawfulness
of
entry,
presence
or
residence
shall
be
established by means of the travel documents of the person
4. A
readmission
application
may
be
submitted
by
any concerned in which the necessary visa or other residence
means of communication including electronic ones.
permit for the territory of the Requesting State are
EN
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Union L
289/17
missing. A statement by the Requesting State that the person
of escorted returns, such escorts shall not be restricted to auth
concerned has been found not having the necessary travel docu
orised persons of the Requesting State, provided that they are
ments, visa or residence permit shall likewise provide prima facie
persons authorised by Armenia or any Member State.
evidence of the unlawful entry, presence or residence.
3. If
the
transfer
takes
place
by
air,
possible
escorts
shall
be
Article 11
exempted from having to obtain necessary visas.
Time limits
1. The
application
for
readmission
must
be
submitted
to
the
Article 13
competent authority of the Requested State within a maximum
of nine months after the Requesting State’s competent authority
Readmission in error
has gained knowledge that a third-country national or a
The Requesting State shall take back any person readmitted by
stateless person does not, or does no longer, fulfil the
the Requested State if it is established, within a period of six
conditions in force for entry, presence or residence. Where
months after the transfer of the person concerned, that the
there are legal or factual obstacles to the application being
requirements laid down in Articles 3 to 6 of this Agreement
submitted in time, the time limit shall, upon request by the
are not met.
Requesting State, be extended but only until the obstacles
have ceased to exist.
In such cases the procedural provisions of this Agreement shall
2. A
readmission
application
must
be
replied
to
in
writing
apply mutatis mutandis and all available information relating to
the actual identity and nationality of the person to be taken
back shall be provided.
— within two working days if the application has been made
under the accelerated procedure (Article 7(3));
SECTION IV
TRANSIT OPERATIONS
— within twelve calendar days in all other cases.
Article 14
This time limit begins to run with the date of receipt of the
Principles
readmission request. If there was no reply within this time limit,
1. The
Member
States
and
Armenia
should
restrict
the
transit
the transfer shall be deemed to have been agreed to.
of third-country nationals or stateless persons to cases where
such persons cannot be returned to the State of destination
directly.
Reply to a readmission application may be submitted by any
means of communication including electronic ones.
2. Armenia
shall
allow
the
transit
of
third-country
nationals
or stateless persons if a Member State so requests, and a
3. Reasons
for
the
refusal
of
a
readmission
request
shall
be Member State shall authorise the transit of third-country
given in writing.
nationals or stateless persons if Armenia so requests, if the
onward journey in possible other States of transit and the read
mission by the State of destination is assured.
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
3. Transit
can
be
refused
by
Armenia
or
a
Member
State:
by the time taken to deal with legal or practical obstacles.
(a) if the third-country national or the stateless person runs the
Article 12
real risk of being subjected to torture or to inhuman or
degrading treatment or punishment or the death penalty
Transfer modalities and modes of transportation
or of persecution because of his race, religion, nationality,
1. Without prejudice to Article 7(2), before returning a
membership of a particular social group or political
person, the competent authorities of the Requesting State
conviction in the State of destination or another State of
shall notify in writing at least two working days in advance
transit; or
the competent authorities of the Requested State regarding the
transfer date, the point of entry, possible escorts and other
information relevant to the transfer.
(b) if the third-country national or the stateless person shall be
subject to criminal sanctions in the Requested State or in
another State of transit; or
2. Transportation
may
take
place
by
any
means
including
by
air. Return by air shall not be restricted to the use of the
national carriers of Armenia or the Member States and may
(c) on grounds of public health, domestic security, public order
take place by using scheduled or charter flights. In the event
or other national interests of the Requested State.
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4. Armenia
or
a
Member
State
may
revoke
any
authorisation 5. Transit
of
the
persons
shall
be
carried
out
within
30
days
issued if circumstances referred to in paragraph 3 subsequently
of receipt of consent to the request.
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
SECTION V
third-country national or the stateless person, as necessary and
COSTS
without delay.
Article 16
Article 15
Transport and transit costs
Transit procedure
Without prejudice to the right of the competent authorities to
recover the costs associated with the readmission from the
1. An
application
for
transit
operations
must
be
submitted
to person to be readmitted or third parties, all transport costs
the competent authority of the Requested State in writing and is
incurred in connection with readmission and transit operations
to contain the following information:
pursuant to this Agreement as far as the border of the State of
final destination shall be borne by the Requesting State.
(a) type of transit (by air, sea or land), possible other States of
transit and intended final destination;
SECTION VI
DATA PROTECTION AND RELATION TO OTHER
(b) the particulars of the person concerned (e.g. given name,
INTERNATIONAL OBLIGATIONS
surname, maiden name, other names used/by which known
or aliases, date of birth, sex and – where possible – place of
Article 17
birth, nationality, language, type and number of travel docu
ment);
Data protection
The communication of personal data shall only take place if
such communication is necessary for the implementation of this
(c) envisaged point of entry, time of transfer and possible use
Agreement by the competent authorities of Armenia or a
of escorts;
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 Armenia and, where the controller is a
(d) a declaration that in the view of the Requesting State the
competent authority of a Member State, to the provisions of
conditions pursuant to Article 14(2) are met, and that no
Directive 95/46/EC and of the national legislation of that
reasons for a refusal pursuant to Article 14(3) are known of.
Member State adopted pursuant to that Directive. Additionally,
the following principles shall apply:
A common form to be used for transit applications is attached
as Annex 6 to this Agreement.
(a) personal data must be processed fairly and lawfully;
A transit application may be submitted by any means of
communication including electronic ones.
(b) personal data must be collected for the specified, explicit
and legitimate purpose of implementing this Agreement and
2. The
Requested
State
shall,
within
three
working
days
after
not further processed by the communicating authority nor
receipt of the application and in writing, inform the Requesting
by the receiving authority in a way incompatible with that
State of the admission, confirming the point of entry and the
purpose;
envisaged time of admission, or inform it of the admission
refusal and of the reasons for such refusal. If there was no
reply within three working days, the transit shall be deemed
to have been agreed to.
(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
Reply to a transit application may be submitted by any means
communicated may concern only the following:
of communication including electronic ones.
— the particulars of the person to be transferred (e.g. given
3. If the transit operation takes place by air, the person to be
names, surnames, any previous names, other names
readmitted and possible escorts shall be exempted from having
used/by which known or aliases, sex, civil status, date
to obtain an airport transit visa.
and place of birth, current and any previous nationality),
4. The
competent
authorities
of
the
Requested
State
shall,
subject to mutual consultations, assist in the transit operations,
— passport, identity card or driving licence (number,
in particular through the surveillance of the persons in question
period of validity, date of issue, issuing authority,
and the provision of suitable amenities for that purpose.
place of issue),
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— stop-overs and itineraries,
SECTION VII
IMPLEMENTATION AND APPLICATION
— other information needed to identify the person to be
Article 19
transferred or to examine the readmission requirements
pursuant to this Agreement;
Joint readmission committee
1. The
Contracting
Parties
shall
provide
each
other
with
(d) personal data must be accurate and, where necessary, kept
mutual assistance in the application and interpretation of this
up-to-date;
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:
(e) personal data must be kept in a form which permits identi
fication of data subjects for no longer than is necessary for
(a) to monitor, and exchange information regarding, the appli
the purpose for which the data were collected or for which
cation of this Agreement, excluding personal data;
they are further processed;
(b) to address issues arising out of the interpretation or appli
(f) both the communicating authority and the receiving
cation of the provisions of this Agreement;
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
(c) to decide on implementing arrangements necessary for the
the provisions of this Article, in particular because those
uniform application of this Agreement;
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
(d) to have regular exchanges of information on the imple
blocking to the other Party;
menting Protocols drawn up by individual Member States
and Armenia pursuant to Article 20;
(g) upon request, the receiving authority shall inform the
communicating authority of the use of the communicated
(e) to recommend amendments to this Agreement and its
data and of the results obtained therefrom;
Annexes.
(h) personal data may only be communicated to the competent
2. The
decisions
of
the
committee
shall
be
binding
on
the
authorities. Further communication to other bodies requires
Contracting Parties.
the prior consent of the communicating authority;
3. The
committee
shall
be
composed
of
representatives
of
(i) the communicating and the receiving authorities are under
the Union and Armenia.
an obligation to make a written record of the communi
cation and receipt of personal data.
4. The
committee
shall
meet
where
necessary
at
the
request
of one of the Contracting Parties.
Article 18
Relation to other international obligations
5. The
committee
shall
establish
its
rules
of
procedures.
1. This
Agreement
shall
be
without
prejudice
to
the
rights,
obligations and responsibilities of the Union, its Member States
Article 20
and Armenia arising from international law including from
international conventions to which they are party, in particular
Implementing Protocols
from the international instruments listed in Article 2 and:
1. Without prejudice to the direct applicability of the present
Agreement, on request of a Member State or Armenia, Armenia
and a Member State shall draw up an implementing Protocol
— the international conventions determining the State
which shall, inter alia, cover:
responsible for examining applications for asylum lodged,
(a) designation of the competent authorities, border crossing
— international conventions on extradition and transit,
points and exchange of contact points;
— multilateral international conventions and agreements on
(b) conditions for escorted returns, including the transit of
the readmission of foreign nationals.
third-country nationals and stateless persons under escort;
2. Nothing
in
this
Agreement
shall
prevent
the
return
of
a (c) means and documents additional to those listed in the
person under other formal or informal arrangements.
Annexes 1 to 4 to this Agreement;
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(d) the modalities for readmission under the accelerated
Article 23
procedure;
Entry into force, duration and termination
(e) the procedure for interviews.
1. This
Agreement
shall
be
ratified
or
approved
by
the
Contracting Parties in accordance with their respective
procedures.
2. The
implementing
Protocols
referred
to
in
paragraph
1
shall enter into force only after the joint readmission
2. This
Agreement
shall
enter
into
force
on
the
first
day
of
committee referred to in Article 19 has been notified.
the second month following the date on which the last
Contracting Party has notified the other that the procedures
3. Armenia
agrees
to
apply
any
provision
of
an
imple
referred to in paragraph 1 have been completed.
menting Protocol drawn up with one Member State also in
3. This
Agreement
shall
apply
to
the
United
Kingdom
of
its relations with any other Member State upon request of the
Great Britain and Northern Ireland and to Ireland on the first
latter. The Member States agree to apply any provision of an
day of the second month following the date of the notification
implementing Protocol concluded by one of them also in their
referred to in Article 22(2).
relations with Armenia upon request of the latter, subject to the
practical feasibility of its application to other Member States.
4. The Agreement is concluded for an unlimited period.
Article 21
5. This
Agreement
may
be
amended
by
mutual
consent
of
the Contracting Parties. Amendments shall be drawn up in the
Relation to bilateral readmission agreements or
form of separate protocols, which shall form an integral part of
arrangements of Member States
this Agreement, and enter into force in accordance with the
procedure laid down in this Article.
The provisions of this Agreement shall take precedence over the
provisions of any bilateral agreement or arrangement on the
6. Each
Contracting
Party
may,
by
officially
notifying
the
readmission of persons residing without authorisation which
other Contracting Party and after prior consultation of the
have been or may, under Article 20, be concluded between
committee referred to in Article 19, completely or partly,
individual Member States and Armenia, in so far as the
temporarily suspend the implementation of this Agreement.
provisions of the latter are incompatible with those of this
The suspension shall enter into force on the second day
Agreement.
following the day of such notification.
7. Each
Contracting
Party
may
terminate
this
Agreement
by
SECTION VIII
officially notifying the other Contracting Party. This Agreement
FINAL PROVISIONS
shall cease to apply six months after the date of such notifi
cation.
Article 22
Territorial application
Article 24
1. Subject to paragraph 2, this Agreement shall apply to the
Annexes
territory in which the Treaty on European Union and the Treaty
Annexes 1 to 6 shall form an integral part of this Agreement.
on the Functioning of the European Union are applicable and to
the territory of Armenia.
Done at Brussels on the nineteenth day of April in the year two
2. This Agreement shall apply to the territory of the United
thousand and thirteen in duplicate in the Bulgarian, Czech,
Kingdom of Great Britain and Northern Ireland and of Ireland
Danish, Dutch, English, Estonian, Finnish, French, German,
only pursuant to a notification by the European Union to
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Armenia to that effect. This Agreement shall not apply to the
Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
territory of the Kingdom of Denmark.
Armenian languages, each of these texts being equally authentic.





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Union L
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За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Pепублика Армения
Por la República de Armenia
Za Arménskou republiku
For Republikken Armenien
Für die Republik Armenien
Armeenia Vabariigi nimel
Για τη Δημοκρατα τη Αρμενα
For the Republic of Armenia
Pour la République d'Arménie
Per la Repubblica di Armenia
Armēnijas Republikas vārdā –
Armnijos Respublikos vardu
rmény Kztársaság részérl
Gall-Repubblika tal-Armenja
Voor de Republiek Armeni
W imieniu Republiki Armenii
Pela República da Arménia
Pentru Republica Armenia
Za Arménsku republiku
Za Republiko Armenijo
Armenian tasavallan puolesta
Fr Republiken Armenien
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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, diplomatic passports, service passports, collective passports and surrogate
passports including children’s passports),
— identity cards of any kind (including temporary and provisional ones),
— citizenship certificates and other official documents that mention or clearly indicate citizenship.
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 six months,
— photocopies of any of the documents listed in Annex 1 to this Agreement,
— driving licenses or photocopies thereof,
— birth certificates or photocopies thereof,
— company identity cards or photocopies thereof,
— statements by witnesses,
— statements made by the person concerned and language spoken by him or her, including by means of an official test
result,
— any other document which may help to establish the nationality of the person concerned,
— fingerprints,
— laissez-passer issued by the Requested State,
— service books and military identity cards,
— seaman’s registration books and skippers’ service cards,
— confirmation of identity as a result of a search carried out in the Visa Information System ( 1 ),
— in the case of Member States not using the Visa Information System, positive identification established from visa
application records of those Member States.
( 1 ) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System
(VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
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ANNEX 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).
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.;
— statement by the person concerned,
— fingerprints,
— 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.
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ANNEX 5
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ANNEX 6
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Joint declaration concerning articles 3(3) and 5(3)
The Contracting Parties take note that, according to the nationality laws of the Republic of Armenia and the
Member States, it is not possible for a citizen of the Republic of Armenia or the European Union 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 the Republic of Iceland
The Contracting Parties take note of the close relationship between the European Union and the Republic of
Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of this country
with the implementation, application and development of the Schengen acquis. In such circumstances it is
appropriate that Armenia conclude a readmission agreement with the Republic of Iceland on the same terms
as this Agreement.
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AGREEMENT
between the European Union and the Republic of Armenia on the readmission of persons residing
without authorisation
THE CONTRACTING PARTIES,
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
and
THE REPUBLIC OF ARMENIA, hereinafter referred to as ‘Armenia’,
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 Armenia or one of the Member States of the European Union, and to facilitate the
transit of such persons in a spirit of cooperation,
EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union,
its Member States and Armenia arising from international law and, in particular, from the Convention of 28 July 1951
relating to the Status of Refugees as amended by the Protocol of 31 January 1967, and the Convention of 4 November
1950 for the Protection of Human Rights and Fundamental Freedoms,
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
No 22 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:
Article 1
(h) ‘Visa’ shall mean an authorisation issued or a decision taken
by Armenia or one of the Member States which is required
Definitions
with a view to entry in, or transit through, its territory.
For the purpose of this Agreement:
This shall not include airport transit visa;
(a) ‘Contracting Parties’ shall mean Armenia and the Union;
(i) ‘Requesting
State’
shall
mean
the
State
(Armenia
or
one
of
the Member States) submitting a readmission application
(b) ‘National of Armenia’ shall mean any person who holds the
pursuant to Article 8 or a transit application pursuant to
citizenship of Armenia in accordance with the legislation of
Article 15 of this Agreement;
the Republic of Armenia;
(c) ‘National of a Member State’ shall mean any person who
(j) ‘Requested
State’
shall
mean
the
State
(Armenia
or
one
of
holds the nationality, as defined for Union purposes, of a
the Member States) to which a readmission application
Member State;
pursuant to Article 8 or a transit application pursuant to
Article 15 of this Agreement is addressed;
(d) ‘Member State’ shall mean any Member State of the
European Union bound by this Agreement;
(k) ‘Competent authority’ shall mean any national authority of
Armenia or one of the Member States entrusted with the
(e) ‘Third-country national’ shall mean any person who holds a
implementation of this Agreement in accordance with
nationality other than that of Armenia or one of the
Article 20(1)(a) thereof;
Member States;
(f) ‘Stateless
person’
shall
mean
any
person
who
does
not
hold
(l) ‘Transit’
shall
mean
the
passage
of
a
third
country
national
a nationality;
or a stateless person through the territory of the Requested
State while travelling from the Requesting State to the
(g) ‘Residence permit’ shall mean a permit of any type issued
country of destination;
by Armenia or one of the Member States entitling a person
to reside on its territory. This shall not include temporary
(m) ‘Border region’ shall mean an area which extends up to 15
permissions to remain on its territory in connection with
kilometres from the territories of seaports including custom
the processing of an asylum application or an application
zones, and international airports of the Member States and
for a residence permit;
Armenia.
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Article 2
residence in the Requesting Member State or hold a valid
residence permit issued by another Member State,
Fundamental principles
While strengthening cooperation on preventing and combating
irregular migration, the Requested and Requesting State shall, in
— spouses, holding another nationality or being stateless, of
the application of this Agreement to persons falling within its
the persons mentioned in paragraph 1, provided they have
scope, ensure respect for human rights and for the obligations
the right to enter and stay or receive the right to enter and
and responsibilities following from relevant international
stay in the territory of Armenia, unless they have an inde
instruments applicable to them, in particular:
pendent right of residence in the Requesting Member State
or hold a valid residence permit issued by another Member
State.
— the Universal Declaration of the Human Rights of
10 December 1948,
3. Armenia
shall
also
readmit
persons
who
have
renounced
the nationality of Armenia since entering the territory of a
— the Convention of 4 November 1950 for the Protection of
Member State, unless such persons have at least been
Human Rights and Fundamental Freedoms,
promised naturalisation by that Member State.
— the International Covenant of 16 December 1966 on Civil
4. After
Armenia
has
given
a
positive
reply
to
the
read
and Political Rights,
mission application, the competent diplomatic or consular
representation of Armenia shall, irrespective of the will of the
person to be readmitted, immediately, free of charge and not
— the UN Convention of 10 December 1984 against Torture
later than within three working days, issue the travel document
and Other Cruel, Inhuman or Degrading Treatment or
required for the return of the person to be readmitted with a
Punishment,
period of validity of 120 days. If Armenia has not, within three
working days, issued the travel document, it shall be deemed to
accept the use of the EU standard travel document for expulsion
— the Convention of 28 July 1951 relating to the Status of
purposes ( 1 ).
Refugees and the Protocol of 31 January 1967 relating to
the Status of Refugees.
5. If,
for
legal
or
factual
reasons,
the
person
concerned
cannot be transferred within the period of validity of the
The Requested State shall in particular ensure, in compliance
travel document that was initially issued, the competent
with its obligations under the international instruments listed
diplomatic or consular representation of Armenia shall, within
above, the protection of the rights of persons readmitted to its
three working days and free of charge, issue a new travel
territory.
document with a period of validity of the same duration. If
Armenia has not, within three working days, issued the new
travel document, it shall be deemed to accept the use of the EU
The Requesting State should give preference to voluntary return
standard travel document for expulsion purposes ( 2 ).
over forced return where there are no reasons to believe that
this would undermine the return of a person to the Requested
State.
Article 4
Readmission of third-country nationals and stateless
SECTION I
persons
READMISSION OBLIGATIONS BY ARMENIA
1. Armenia
shall
readmit,
upon
application
by
a
Member
State and without further formalities other than those
Article 3
provided for in this Agreement, all third-country nationals or
Readmission of own nationals
stateless persons who do not, or who no longer, fulfil the
conditions in force for entry to, presence in, or residence on,
1. Armenia
shall
readmit,
upon
application
by
a
Member the territory of the Requesting Member State provided that it is
State and without further formalities other than those
proved, or may be validly assumed on the basis of prima facie
provided for in this Agreement, all persons who do not, or
evidence furnished, that such persons:
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
(a) hold at the time of submission of the readmission appli
assumed on the basis of prima facie evidence furnished, that
cation a valid visa or residence permit issued by Armenia; or
they are nationals of Armenia.
(b) illegally and directly entered the territory of the Member
2. Armenia
shall
also
readmit:
States after having stayed on, or transited through, the
territory of Armenia.
— minor unmarried children of the persons mentioned in
( 1 ) In line with the form set out in EU Council recommendation of
paragraph 1, regardless of their place of birth or their
30 November 1994.
nationality, unless they have an independent right of
( 2 ) Ibid.
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2. The
readmission
obligation
in
paragraph
1
shall
not
apply
Article 6
if the third country national or stateless person has only been in
airside transit via an international airport of Armenia.
Readmission of third-country nationals and stateless
persons
1. A
Member
State
shall
readmit,
upon
application
by
3. Without
prejudice
to
Article
7(2),
after
Armenia
has
given Armenia and without further formalities other than those
a positive reply to the readmission application, the Requesting
provided for in this Agreement, all third-country nationals or
Member State issues to the person whose readmission has been
stateless persons who do not, or who no longer, fulfil the
accepted the EU standard travel document for expulsion
conditions in force for entry to, presence in, or residence on,
purposes ( 3 ).
the territory of Armenia provided that it is proved, or may be
validly assumed on the basis of prima facie evidence furnished,
SECTION II
that such persons:
READMISSION OBLIGATIONS BY THE UNION
Article 5
(a) hold at the time of submission of the readmission appli
cation a valid visa or residence permit issued by the
Readmission of own nationals
Requested Member State; or
1. A
Member
State
shall
readmit,
upon
application
by
Armenia and without further formalities other than those
provided for in this Agreement, all persons who do not, or
(b) illegally and directly entered the territory of Armenia after
who no longer, fulfil the conditions in force for entry to,
having stayed on, or transited through, the territory of the
presence in, or residence on, the territory of Armenia
Requested 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 that Member State.
2. 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
2. A
Member
State
shall
also
readmit:
Member State.
— minor unmarried children of the persons mentioned in
3. The
readmission
obligation
in
paragraph
1
is
for
the
paragraph 1, regardless of their place of birth or their
Member State that issued a visa or residence permit. If two or
nationality, unless they have an independent right of
more Member States issued a visa or residence permit, the read
residence in Armenia,
mission obligation in paragraph 1 is for the Member State that
issued the document with a longer period of validity or, if one
— spouses, holding another nationality or being stateless, of
or several of them have already expired, the document that is
the persons mentioned in paragraph 1, provided they have
still valid. If all of the documents have already expired, the
the right to enter and stay or receive the right to enter and
readmission obligation in paragraph 1 is for the Member
stay in the territory of the Requested Member State, unless
State that issued the document with the most recent expiry
they have an independent right of residence in Armenia.
date. If no such documents can be presented, the readmission
obligation in paragraph 1 is for the Member State of last exit.
3. A
Member
State
shall
also
readmit
persons
who
have
renounced the nationality of a Member State since entering
4. Without prejudice to Article 7(2), after the Member State
the territory of Armenia, unless such persons have at least
has given a positive reply to the readmission application,
been promised naturalisation by Armenia.
Armenia issues to the person whose readmission has been
accepted the travel document required for his or her return.
4. After
the
Requested
Member
State
has
given
a
positive
reply to the readmission application, the competent diplomatic
SECTION III
or consular representation of that Member State shall, irre
spective of the will of the person to be readmitted, immediately,
READMISSION PROCEDURE
free of charge and not later than within three working days,
issue the travel document required for the return of the person
Article 7
to be readmitted with a period of validity of 120 days.
Principles
1. Subject to paragraph 2, any transfer of a person to be
5. If,
for
legal
or
factual
reasons,
the
person
concerned readmitted on the basis of one of the obligations contained in
cannot be transferred within the period of validity of the
Articles 3 to 6 shall require the submission of a readmission
travel document that was initially issued, the competent
application to the competent authority of the Requested State.
diplomatic or consular representation of that Member State
shall, within three working days and free of charge, issue a
new travel document with a period of validity of the same
2. If the person to be readmitted is in possession of a valid
duration.
travel document or identity card and, in the case of third
country nationals or stateless persons, a valid visa or
( 3 ) Ibid.
residence permit of the Requested State, the transfer of
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31.10.2013
such person can take place without the Requesting State having
Article 9
to submit a readmission application or written notification
referred to in Article 12(1) to the competent authority of the
Means of evidence regarding nationality
Requested State.
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, including
3. Without
prejudice
to
paragraph
2,
if
a
person
has
been documents the validity of which has expired by up to six
apprehended in the border region, including airports, of the
months. If such documents are presented, the Member States
Requesting State after illegally crossing the border coming
and Armenia shall mutually recognise the nationality without
directly from the territory of the Requested State, the Requesting
further investigation being required. Proof of nationality cannot
State may submit a readmission application within two working
be furnished through false documents.
days following this person’s apprehension (accelerated
procedure).
2. Prima
facie evidence of nationality pursuant to Article 3(1)
and Article 5(1) can be particularly furnished through the
Article 8
documents listed in Annex 2 to this Agreement, even if their
Readmission application
period of validity has expired. If such documents are presented,
the Member States and Armenia shall deem the nationality to
1. To the extent possible, the readmission application is to
be established, unless they can prove otherwise. Prima facie
contain the following information:
evidence of nationality cannot be furnished through false docu
ments.
(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
3. If
none
of
the
documents
listed
in
Annexes
1
or
2
can
be
applicable, the particulars of minor unmarried children
presented, the competent diplomatic or consular representations
and/or spouses;
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
(b) in case of own nationals, indication of the means with
date of receipt of the readmission application in accordance
which proof or prima facie evidence of nationality as set
with Article 11(2), in order to establish his or her nationality.
out by Annexes 1 and 2 respectively will be provided;
The procedure for such interviews may be established in the
implementing Protocols provided for in Article 20 of this
Agreement.
(c) in case of third country nationals and stateless persons,
indication of the means with which proof or prima facie
evidence of the conditions for the readmission of third-
country nationals and stateless persons as provided for by
Article 10
Annexes 3 and 4 respectively will be provided;
Means of evidence regarding third-country nationals and
stateless persons
(d) photograph of the person to be readmitted.
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
2. To the extent possible, the readmission application shall
means of evidence listed in Annex 3 to this Agreement; it
also contain the following information:
cannot be furnished through false documents. Any such proof
shall be mutually recognised by the Member States and Armenia
without any further investigation being required.
(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;
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 be particularly furnished
(b) any other protection, security measure or information
through the means of evidence listed in Annex 4 to this
concerning the health of the person, which may be
Agreement; it cannot be furnished through false documents.
necessary in the individual transfer case.
Where such prima facie evidence is presented, the Member
States and Armenia shall deem the conditions to be established,
unless they can prove otherwise.
3. A
common
form
to
be
used
for
readmission
applications
is attached as Annex 5 to this Agreement.
3. The
unlawfulness
of
entry,
presence
or
residence
shall
be
established by means of the travel documents of the person
4. A
readmission
application
may
be
submitted
by
any concerned in which the necessary visa or other residence
means of communication including electronic ones.
permit for the territory of the Requesting State are
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Union L
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missing. A statement by the Requesting State that the person
of escorted returns, such escorts shall not be restricted to auth
concerned has been found not having the necessary travel docu
orised persons of the Requesting State, provided that they are
ments, visa or residence permit shall likewise provide prima facie
persons authorised by Armenia or any Member State.
evidence of the unlawful entry, presence or residence.
3. If
the
transfer
takes
place
by
air,
possible
escorts
shall
be
Article 11
exempted from having to obtain necessary visas.
Time limits
1. The
application
for
readmission
must
be
submitted
to
the
Article 13
competent authority of the Requested State within a maximum
of nine months after the Requesting State’s competent authority
Readmission in error
has gained knowledge that a third-country national or a
The Requesting State shall take back any person readmitted by
stateless person does not, or does no longer, fulfil the
the Requested State if it is established, within a period of six
conditions in force for entry, presence or residence. Where
months after the transfer of the person concerned, that the
there are legal or factual obstacles to the application being
requirements laid down in Articles 3 to 6 of this Agreement
submitted in time, the time limit shall, upon request by the
are not met.
Requesting State, be extended but only until the obstacles
have ceased to exist.
In such cases the procedural provisions of this Agreement shall
2. A
readmission
application
must
be
replied
to
in
writing
apply mutatis mutandis and all available information relating to
the actual identity and nationality of the person to be taken
back shall be provided.
— within two working days if the application has been made
under the accelerated procedure (Article 7(3));
SECTION IV
TRANSIT OPERATIONS
— within twelve calendar days in all other cases.
Article 14
This time limit begins to run with the date of receipt of the
Principles
readmission request. If there was no reply within this time limit,
1. The
Member
States
and
Armenia
should
restrict
the
transit
the transfer shall be deemed to have been agreed to.
of third-country nationals or stateless persons to cases where
such persons cannot be returned to the State of destination
directly.
Reply to a readmission application may be submitted by any
means of communication including electronic ones.
2. Armenia
shall
allow
the
transit
of
third-country
nationals
or stateless persons if a Member State so requests, and a
3. Reasons
for
the
refusal
of
a
readmission
request
shall
be Member State shall authorise the transit of third-country
given in writing.
nationals or stateless persons if Armenia so requests, if the
onward journey in possible other States of transit and the read
mission by the State of destination is assured.
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
3. Transit
can
be
refused
by
Armenia
or
a
Member
State:
by the time taken to deal with legal or practical obstacles.
(a) if the third-country national or the stateless person runs the
Article 12
real risk of being subjected to torture or to inhuman or
degrading treatment or punishment or the death penalty
Transfer modalities and modes of transportation
or of persecution because of his race, religion, nationality,
1. Without prejudice to Article 7(2), before returning a
membership of a particular social group or political
person, the competent authorities of the Requesting State
conviction in the State of destination or another State of
shall notify in writing at least two working days in advance
transit; or
the competent authorities of the Requested State regarding the
transfer date, the point of entry, possible escorts and other
information relevant to the transfer.
(b) if the third-country national or the stateless person shall be
subject to criminal sanctions in the Requested State or in
another State of transit; or
2. Transportation
may
take
place
by
any
means
including
by
air. Return by air shall not be restricted to the use of the
national carriers of Armenia or the Member States and may
(c) on grounds of public health, domestic security, public order
take place by using scheduled or charter flights. In the event
or other national interests of the Requested State.
L 289/18
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4. Armenia
or
a
Member
State
may
revoke
any
authorisation 5. Transit
of
the
persons
shall
be
carried
out
within
30
days
issued if circumstances referred to in paragraph 3 subsequently
of receipt of consent to the request.
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
SECTION V
third-country national or the stateless person, as necessary and
COSTS
without delay.
Article 16
Article 15
Transport and transit costs
Transit procedure
Without prejudice to the right of the competent authorities to
recover the costs associated with the readmission from the
1. An
application
for
transit
operations
must
be
submitted
to person to be readmitted or third parties, all transport costs
the competent authority of the Requested State in writing and is
incurred in connection with readmission and transit operations
to contain the following information:
pursuant to this Agreement as far as the border of the State of
final destination shall be borne by the Requesting State.
(a) type of transit (by air, sea or land), possible other States of
transit and intended final destination;
SECTION VI
DATA PROTECTION AND RELATION TO OTHER
(b) the particulars of the person concerned (e.g. given name,
INTERNATIONAL OBLIGATIONS
surname, maiden name, other names used/by which known
or aliases, date of birth, sex and – where possible – place of
Article 17
birth, nationality, language, type and number of travel docu
ment);
Data protection
The communication of personal data shall only take place if
such communication is necessary for the implementation of this
(c) envisaged point of entry, time of transfer and possible use
Agreement by the competent authorities of Armenia or a
of escorts;
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 Armenia and, where the controller is a
(d) a declaration that in the view of the Requesting State the
competent authority of a Member State, to the provisions of
conditions pursuant to Article 14(2) are met, and that no
Directive 95/46/EC and of the national legislation of that
reasons for a refusal pursuant to Article 14(3) are known of.
Member State adopted pursuant to that Directive. Additionally,
the following principles shall apply:
A common form to be used for transit applications is attached
as Annex 6 to this Agreement.
(a) personal data must be processed fairly and lawfully;
A transit application may be submitted by any means of
communication including electronic ones.
(b) personal data must be collected for the specified, explicit
and legitimate purpose of implementing this Agreement and
2. The
Requested
State
shall,
within
three
working
days
after
not further processed by the communicating authority nor
receipt of the application and in writing, inform the Requesting
by the receiving authority in a way incompatible with that
State of the admission, confirming the point of entry and the
purpose;
envisaged time of admission, or inform it of the admission
refusal and of the reasons for such refusal. If there was no
reply within three working days, the transit shall be deemed
to have been agreed to.
(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
Reply to a transit application may be submitted by any means
communicated may concern only the following:
of communication including electronic ones.
— the particulars of the person to be transferred (e.g. given
3. If the transit operation takes place by air, the person to be
names, surnames, any previous names, other names
readmitted and possible escorts shall be exempted from having
used/by which known or aliases, sex, civil status, date
to obtain an airport transit visa.
and place of birth, current and any previous nationality),
4. The
competent
authorities
of
the
Requested
State
shall,
subject to mutual consultations, assist in the transit operations,
— passport, identity card or driving licence (number,
in particular through the surveillance of the persons in question
period of validity, date of issue, issuing authority,
and the provision of suitable amenities for that purpose.
place of issue),
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— stop-overs and itineraries,
SECTION VII
IMPLEMENTATION AND APPLICATION
— other information needed to identify the person to be
Article 19
transferred or to examine the readmission requirements
pursuant to this Agreement;
Joint readmission committee
1. The
Contracting
Parties
shall
provide
each
other
with
(d) personal data must be accurate and, where necessary, kept
mutual assistance in the application and interpretation of this
up-to-date;
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:
(e) personal data must be kept in a form which permits identi
fication of data subjects for no longer than is necessary for
(a) to monitor, and exchange information regarding, the appli
the purpose for which the data were collected or for which
cation of this Agreement, excluding personal data;
they are further processed;
(b) to address issues arising out of the interpretation or appli
(f) both the communicating authority and the receiving
cation of the provisions of this Agreement;
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
(c) to decide on implementing arrangements necessary for the
the provisions of this Article, in particular because those
uniform application of this Agreement;
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
(d) to have regular exchanges of information on the imple
blocking to the other Party;
menting Protocols drawn up by individual Member States
and Armenia pursuant to Article 20;
(g) upon request, the receiving authority shall inform the
communicating authority of the use of the communicated
(e) to recommend amendments to this Agreement and its
data and of the results obtained therefrom;
Annexes.
(h) personal data may only be communicated to the competent
2. The
decisions
of
the
committee
shall
be
binding
on
the
authorities. Further communication to other bodies requires
Contracting Parties.
the prior consent of the communicating authority;
3. The
committee
shall
be
composed
of
representatives
of
(i) the communicating and the receiving authorities are under
the Union and Armenia.
an obligation to make a written record of the communi
cation and receipt of personal data.
4. The
committee
shall
meet
where
necessary
at
the
request
of one of the Contracting Parties.
Article 18
Relation to other international obligations
5. The
committee
shall
establish
its
rules
of
procedures.
1. This
Agreement
shall
be
without
prejudice
to
the
rights,
obligations and responsibilities of the Union, its Member States
Article 20
and Armenia arising from international law including from
international conventions to which they are party, in particular
Implementing Protocols
from the international instruments listed in Article 2 and:
1. Without prejudice to the direct applicability of the present
Agreement, on request of a Member State or Armenia, Armenia
and a Member State shall draw up an implementing Protocol
— the international conventions determining the State
which shall, inter alia, cover:
responsible for examining applications for asylum lodged,
(a) designation of the competent authorities, border crossing
— international conventions on extradition and transit,
points and exchange of contact points;
— multilateral international conventions and agreements on
(b) conditions for escorted returns, including the transit of
the readmission of foreign nationals.
third-country nationals and stateless persons under escort;
2. Nothing
in
this
Agreement
shall
prevent
the
return
of
a (c) means and documents additional to those listed in the
person under other formal or informal arrangements.
Annexes 1 to 4 to this Agreement;
L 289/20
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31.10.2013
(d) the modalities for readmission under the accelerated
Article 23
procedure;
Entry into force, duration and termination
(e) the procedure for interviews.
1. This
Agreement
shall
be
ratified
or
approved
by
the
Contracting Parties in accordance with their respective
procedures.
2. The
implementing
Protocols
referred
to
in
paragraph
1
shall enter into force only after the joint readmission
2. This
Agreement
shall
enter
into
force
on
the
first
day
of
committee referred to in Article 19 has been notified.
the second month following the date on which the last
Contracting Party has notified the other that the procedures
3. Armenia
agrees
to
apply
any
provision
of
an
imple
referred to in paragraph 1 have been completed.
menting Protocol drawn up with one Member State also in
3. This
Agreement
shall
apply
to
the
United
Kingdom
of
its relations with any other Member State upon request of the
Great Britain and Northern Ireland and to Ireland on the first
latter. The Member States agree to apply any provision of an
day of the second month following the date of the notification
implementing Protocol concluded by one of them also in their
referred to in Article 22(2).
relations with Armenia upon request of the latter, subject to the
practical feasibility of its application to other Member States.
4. The Agreement is concluded for an unlimited period.
Article 21
5. This
Agreement
may
be
amended
by
mutual
consent
of
the Contracting Parties. Amendments shall be drawn up in the
Relation to bilateral readmission agreements or
form of separate protocols, which shall form an integral part of
arrangements of Member States
this Agreement, and enter into force in accordance with the
procedure laid down in this Article.
The provisions of this Agreement shall take precedence over the
provisions of any bilateral agreement or arrangement on the
6. Each
Contracting
Party
may,
by
officially
notifying
the
readmission of persons residing without authorisation which
other Contracting Party and after prior consultation of the
have been or may, under Article 20, be concluded between
committee referred to in Article 19, completely or partly,
individual Member States and Armenia, in so far as the
temporarily suspend the implementation of this Agreement.
provisions of the latter are incompatible with those of this
The suspension shall enter into force on the second day
Agreement.
following the day of such notification.
7. Each
Contracting
Party
may
terminate
this
Agreement
by
SECTION VIII
officially notifying the other Contracting Party. This Agreement
FINAL PROVISIONS
shall cease to apply six months after the date of such notifi
cation.
Article 22
Territorial application
Article 24
1. Subject to paragraph 2, this Agreement shall apply to the
Annexes
territory in which the Treaty on European Union and the Treaty
Annexes 1 to 6 shall form an integral part of this Agreement.
on the Functioning of the European Union are applicable and to
the territory of Armenia.
Done at Brussels on the nineteenth day of April in the year two
2. This Agreement shall apply to the territory of the United
thousand and thirteen in duplicate in the Bulgarian, Czech,
Kingdom of Great Britain and Northern Ireland and of Ireland
Danish, Dutch, English, Estonian, Finnish, French, German,
only pursuant to a notification by the European Union to
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Armenia to that effect. This Agreement shall not apply to the
Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
territory of the Kingdom of Denmark.
Armenian languages, each of these texts being equally authentic.





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31.10.2013 Official
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Union L
289/21
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Pепублика Армения
Por la República de Armenia
Za Arménskou republiku
For Republikken Armenien
Für die Republik Armenien
Armeenia Vabariigi nimel
Για τη Δημοκρατα τη Αρμενα
For the Republic of Armenia
Pour la République d'Arménie
Per la Repubblica di Armenia
Armēnijas Republikas vārdā –
Armnijos Respublikos vardu
rmény Kztársaság részérl
Gall-Repubblika tal-Armenja
Voor de Republiek Armeni
W imieniu Republiki Armenii
Pela República da Arménia
Pentru Republica Armenia
Za Arménsku republiku
Za Republiko Armenijo
Armenian tasavallan puolesta
Fr Republiken Armenien
L 289/22
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31.10.2013
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, diplomatic passports, service passports, collective passports and surrogate
passports including children’s passports),
— identity cards of any kind (including temporary and provisional ones),
— citizenship certificates and other official documents that mention or clearly indicate citizenship.
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 six months,
— photocopies of any of the documents listed in Annex 1 to this Agreement,
— driving licenses or photocopies thereof,
— birth certificates or photocopies thereof,
— company identity cards or photocopies thereof,
— statements by witnesses,
— statements made by the person concerned and language spoken by him or her, including by means of an official test
result,
— any other document which may help to establish the nationality of the person concerned,
— fingerprints,
— laissez-passer issued by the Requested State,
— service books and military identity cards,
— seaman’s registration books and skippers’ service cards,
— confirmation of identity as a result of a search carried out in the Visa Information System ( 1 ),
— in the case of Member States not using the Visa Information System, positive identification established from visa
application records of those Member States.
( 1 ) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System
(VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
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ANNEX 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).
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.;
— statement by the person concerned,
— fingerprints,
— 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.
L 289/24
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31.10.2013
ANNEX 5
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L 289/26
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Official Journal of the European Union
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Union L
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ANNEX 6
L 289/28
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of
the
European
Union L
289/29
Joint declaration concerning articles 3(3) and 5(3)
The Contracting Parties take note that, according to the nationality laws of the Republic of Armenia and the
Member States, it is not possible for a citizen of the Republic of Armenia or the European Union 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 the Republic of Iceland
The Contracting Parties take note of the close relationship between the European Union and the Republic of
Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of this country
with the implementation, application and development of the Schengen acquis. In such circumstances it is
appropriate that Armenia conclude a readmission agreement with the Republic of Iceland on the same terms
as this Agreement.
Document Outline
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