Besluit 2007/826 - Sluiting van de Overeenkomst met Moldavië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven - Hoofdinhoud

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Readmission of a country’s own nationals is an obligation under international customary law. To return persons illegally residing on their territory to their countries of origin, in particular when these persons do not have valid identification documents, EU countries count on the cooperation of non-EU countries to identify, re-document and readmit them.
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EU readmission agreements provide a structured framework of cooperation between EU countries and non-EU countries by establishing rapid and effective procedures for identifying, re-documenting and returning persons originating from one of the parties, residing without authorisation in the territory of the other party.
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By its decisions, the Council concludes the agreements on behalf of the EU.

KEY POINTS

Reciprocity

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These agreements operate on reciprocity. The same rules apply to EU citizens, to the citizens of the other party to the agreement and, under certain conditions, to third-country nationals, i.e. persons holding a nationality other than that of either signatory party or stateless persons illegally present in the non-EU country concerned.
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As stipulated in Protocol 21 to the Treaty on the Functioning of the European Union (TFEU), the United Kingdom and Ireland may choose to opt in or out of these agreements on a case-by-case basis. However, under Protocol 22 to the TFEU, Denmark has opted out of participating in justice and home affairs cooperation (of which these readmission agreements are part), with the exception of measures that relate to the Schengen acquis.

Own nationals

All EU readmission agreements cover detailed procedures for the identification, re-documentation and readmission of nationals illegally present on the territory the other parties. Many of the agreements also apply, with differing conditions, to:

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minor unmarried children of such persons regardless of their place of birth or their nationality;
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spouses of such persons, holding another nationality;
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those persons residing in the EU who no longer hold the nationality of the other party concerned.

Third-country nationals and stateless persons

EU readmission agreements also cover commitments and procedures for the readmission of those third country nationals that have illegally entered the territory of one party by transiting the territory of the other party. For example, one party would need to readmit a person who is not its citizen if that person:

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has illegally and directly entered the territory of one party from the other party;
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holding, at the time or readmission application, a valid visa or residence permit for the country concerned.

This obligation will not apply if the person concerned:

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has only been in airside transit via an international airport of the party concerned;
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has been granted a visa or residence permit by one party unless:
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  they have also been issued a visa or residence permit by the other party that is valid for longer; or
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  the visa or permit was obtained using fake or forged documents; or
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  the conditions of the visa are not observed;

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has the right to visa-free access to the territory of the party concerned.

Procedures

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The party wishing to return a person who is not in possession of valid identity documents presents a readmission application to the other party concerned containing the information (including name, date of birth, evidence of nationality) detailed in the specific agreement.
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Applications for third-country nationals and stateless persons are submitted to the competent authority of the country concerned within a specified period of time after the party became aware of the illegal situation of the person concerned.
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A response to a readmission application must be received within a specified period usually within a month. Under the accelerated procedure, responses are usually required within a week. Reasons must be given for a refusal.
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Once the party has agreed to readmission, a travel document must be issued by the authorities of the party concerned, regardless of the will of the person.
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Some of the agreements also cover arrangements to be made in view of the return operation or regarding transit facilitation for returnees to other third countries (for example, the point of entry, possible escorts and other information relevant to the transfer).
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The agreements also list various means of evidence to establish the nationality of a person and their illegal entry into the territory of the parties concerned.

FROM WHEN DO THE AGREEMENTS AND DECISIONS APPLY?

Act	Date of application	Date of entry into force
Agreement with Turkey		1.10.2014
Decision concluding the agreement	14.4.2014
Agreement with Azerbaijan		1.9.2014
Decision concluding the agreement	14.4.2014
Agreement with Armenia		1.1.2014
Decision concluding the agreement	22.10.2013
Agreement with Cape Verde		1.12.2014
Decision concluding the agreement	7.10.2013
Agreement with Georgia		1.3.2011
Decision concluding the agreement	18.1.2011
Agreement with Pakistan		1.12.2010
Decision concluding the agreement	7.10.2010
Agreement with Ukraine		1.1.2008
Decision concluding the agreement	29.11.2007
Agreement with Moldova		1.1.2008
Decision concluding the agreement	22.11.2007
Agreement with North Macedonia		1.1.2008
Decision concluding the agreement	8.11.2007
Agreement with Montenegro		1.1.2008
Decision concluding the agreement	8.11.2007
Agreement with Serbia		1.1.2008
Decision concluding the agreement	8.11.2007
Agreement with Bosnia and Herzegovina		1.1.2008
Decision concluding the agreement	8.11.2007
Agreement with Russia		1.6.2007
Decision concluding the agreement	19.4.2007
Agreement with Albania		1.1.2008
Decision concluding the agreement	7.11.2005
Agreement with Sri Lanka		1.1.2005
Decision concluding the agreement	3.3.2005
Agreement with Macao		1.6.2004
Decision concluding the agreement	21.4.2004
Agreement with Hong Kong		1.3.2004
Decision concluding the agreement	17.12.2003

BACKGROUND

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Irregular migration and return (European Commission).

MAIN DOCUMENTS

Albania

Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation — Declarations (OJ L 124, 17.5.2005, pp. 22-40)

Council Decision 2005/809/EC of 7 November 2005 concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation (OJ L 304, 23.11.2005, pp. 14-15)

Armenia

Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (OJ L 289, 31.10.2013, pp. 13-29)

Council Decision 2013/629/EU of 22 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (OJ L 289, 31.10.2013, p. 12)

Azerbaijan

Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation (OJ L 128, 30.4.2014, pp. 17-42)

Council Decision 2014/239/EU of 14 April 2014 on the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation (OJ L 128, 30.4.2014, pp. 15-16)

Bosnia and Herzegovina

Agreement between the European Community and Bosnia and Herzegovina on the readmission of persons residing without authorisation — Joint Declarations (OJ L 334, 19.12.2007, pp. 66-83)

Council Decision 2007/820/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, p. 65)

Cape Verde

Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (OJ L 282, 24.10.2013, pp. 15-34)

Council Decision 2013/522/EU of 7 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (OJ L 282, 24.10.2013, pp. 13-14)

Georgia

Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (OJ L 52, 25.2.2011, pp. 47-65)

Council Decision 2011/118/EU of 18 January 2011 on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (OJ L 52, 25.2.2011, pp. 45-46)

Hong Kong

Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 17, 24.1.2004, pp. 25-39)

Council Decision 2004/80/EC of 17 December 2003 concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 17, 24.1.2004, pp. 23-24)

Macao

Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 143, 30.4.2004, pp. 99-115)

Council Decision 2004/424/EC of 21 April 2004 concerning the conclusion of the Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 143, 30.4.2004, pp. 97-98)

Moldova

Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation — Declarations (OJ L 334, 19.12.2007, pp. 149-167)

Council Decision 2007/826/EC of 22 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, p. 148)

Montenegro

Agreement between the European Community and the Republic of Montenegro on the readmission of persons residing without authorisation — Joint Declarations (OJ L 334, 19.12.2007, pp. 26-44)

Council Decision 2007/818/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Montenegro on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, p. 25)

North Macedonia

Agreement between the European Community and the former Yugoslav Republic of Macedonia on the readmission of persons residing without authorisation — Joint Declarations (OJ L 334, 19.12.2007, pp. 7-24)

Council Decision 2007/817/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, pp. 1-2)

Pakistan

Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (OJ L 287, 4.11.2010, pp. 52-67)

Council Decision 2010/649/EU of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (OJ L 287, 4.11.2010, pp. 50-51)

Russia

Agreement between the European Community and the Russian Federation on readmission — Joint Declarations (OJ L 129, 17.5.2007, pp. 40-60)

Council Decision 2007/341/EC of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on readmission (OJ L 129, 17.5.2007, pp. 38-39)

Serbia

Agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, pp. 46-64)

Council Decision 2007/819/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorisation (OJ L 334, 19.12.2007, p. 45)

Sri Lanka

Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation — Declarations (OJ L 124, 17.5.2005, pp. 43-60)

Council Decision 2005/372/EC of 3 March 2005 concerning the conclusion of the Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation (OJ L 124, 17.5.2005, pp. 41-42)

Turkey

Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (OJ L 134, 7.5.2014, pp. 3-27)

Council Decision 2014/252/EU of 14 April 2014 on the conclusion of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (OJ L 134, 7.5.2014, pp. 1-2)

Ukraine

Agreement between the European Community and Ukraine on the readmission of persons — Annexes — Declaration — Joint Declarations (OJ L 332, 18.12.2007, pp. 48-65)

Council Decision 2007/839/EC of 29 November 2007 concerning the conclusion of the Agreement between the European Community and Ukraine on readmission of persons (OJ L 332, 18.12.2007, pp. 46-47)

2. Wettekst

2007/826/EG: Besluit van de Raad van 22 november 2007 inzake de sluiting van de Overeenkomst tussen de Europese Gemeenschap en de Republiek Moldavië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven