Annexes to COM(2007)432-1 - Signing of the Agreement with Macedonia on readmission

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dossier COM(2007)432-1 - Signing of the Agreement with Macedonia on readmission.
document COM(2007)432 EN
date July 19, 2007
Annex 1

Common list of documents

for proof of nationality

(Articles 2 (1), 4 (1) and 8 (1))

- passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate/emergency passports);

- identity cards (including temporary and provisional ones);

- military identity cards;

- seaman’s registration books and skippers’ service cards;

- citizenship certificate accompanied by another identification document containing a photograph of the person thereof.

Annex 2

Common list of documents

the presentation of which is considered as

prima facie evidence of nationality

(Articles 2 (1), 4 (1) and 8 (2))

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

- service books or photocopies thereof;

- driving licenses or photocopies thereof;

- birth certificates or photocopies thereof;

- official statements by credible witnesses;

- statements made by the person concerned and language spoken by him or her, including by means of an official test result. For the purpose of this Annex, the term 'official test' is defined as a test commissioned or conducted by the authorities of the requesting State and validated by the Requested State;

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

- documents listed in Annex 1 whose validity has expired.

Annex 3

Common list of documents

which are considered as proof of the conditions for the

readmission of third country nationals and stateless persons

(Articles 3 (1), 5 (1) and 9 (1))

- entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic);

- valid document, e.g. visa and/or residence permit, issued by the Requested State for permitted stay 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;

- official statements made by border authority staff who can testify to the person concerned crossing the border;

Annex 4

Common list of documents

which are considered as prima facie evidence of the conditions

for the readmission of third country nationals and stateless persons

(Articles 3 (1), 5 (1) and 9 (2))

- statements 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;

- 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;

- information showing that the person concerned has used the services of a courier or travel agency;

- official statement by the person concerned in judicial or administrative proceedings.

Annex 5

List of documents

which are considered as prima facie evidence of the conditions

for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia

(Articles 3(3), 9(4))

- birth certificates or photocopies thereof issued by the former Socialist Federal Republic of Yugoslavia;

- public documents or photocopies thereof issued by the former Yugoslav Republic of Macedonia or the former Socialist Federal Republic of Yugoslavia, stating place of birth and/or place of permanent residence as required by Article 3(3).

- Other documents or certificates or photocopies thereof which point to the place of birth and/or place of permanent residence in the territory of the former Yugoslav Republic of Macedonia;

- Official statement by the person concerned in judicial or administrative proceedings.

Annex 6

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

To

[pic]

READMISSION APPLICATION

pursuant to Article 7 of the Agreement of ........... between

the European Community and the former Yugoslav Republic of Macedonia

on the readmission of persons residing without authorisation

[pic]

B. PERSONAL DETAILS OF SPOUSE (IF APPROPRIATE)

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

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

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

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

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

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

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

6.Nationality and language:

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

C. PERSONAL DETAILS OF CHILDREN (IF APPROPRIATE)

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

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

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

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

4.Nationality and language:

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

D.SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE

1.State of health

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

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

2.ndication of particularly dangerous person

(e.g. suspected of serious offence; aggressive behaviour):

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

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[pic]

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

(Signature) (Seal/stamp)

Annex 7

[pic] | [Emblem of former Yugoslav Republic of Macedonia ] |

..............................................................………… ................................................................……….. | .................................................................……… (Place and date) |

(Designation of requesting authority) |

Reference

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

To

................................................................…………. |

................................................................………… ................................................................………… (Designation of requested authority) |

TRANSIT APPLICATION

pursuant to Article 14 of the Agreement of ........... between

the European Community and the former Yugoslav Republic of Macedonia

on the readmission of persons residing without authorisation

PERSONAL DETAILS 1.Full name (underline surname): ............................................................. 2.Maiden name: ............................................................. 3.Date and place of birth: ............................................................. | Photograph |

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

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

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

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

6.Nationality and language:

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

7.Type and number of travel document:

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

B. TRANSIT OPERATION

1. Type of transit

by air | by land |

- 2. State of final destination

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

3.Possible other States of transit

…………………………………………………………………………………………………………

4.Proposed border crossing point, date, time of transfer and possible escorts

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

5.Admission guaranteed in any other transit State and in the State of final destination(Article 13 paragraph 2)

yes | no |

- 6.Knowledge of any reason for a refusal of transit(Article 13 paragraph 3)

yes | no |

- C.OBSERVATIONS

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

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

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

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

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(Signature) (Seal/stamp)

Joint Declaration concerning Articles 2(2) and 4(2)

In application of the provisions in question, the Parties should endeavour to take appropriate measures to maintain as far as possible the family unity and integrity. To this aim the Parties should make the best effort to readmit the family members in a reasonable time frame.

The application of the principle of family unity and integrity should be in particular the subject of monitoring by the Committee referred to in Article 18.

Joint Declaration concerning Articles 2(3) and 4(3)

The Contracting Parties take note that, according to the nationality laws of the former Yugoslav Republic of Macedonia and the Member States, it is not possible for a citizen of the former Yugoslav Republic of Macedonia 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 Articles 3 and 5

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

Joint Declaration concerning Denmark

“The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that the former Yugoslav Republic of Macedonia and Denmark conclude a readmission agreement in the same terms as this Agreement.”

Joint Declaration concerning Iceland and Norway

“The Contracting Parties take note of the close relationship between the European Community and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that the former Yugoslav Republic of Macedonia concludes a readmission agreement with Iceland and Norway in the same terms as this Agreement.“

Joint Declaration concerning Switzerland

“The Contracting Parties take note that the European Union, the European Community and Switzerland signed an agreement on Switzerland's association with the implementation, application and development of the Schengen acquis. It is appropriate, once this association agreement enters into force, that the former Yugoslav Republic of Macedonia concludes a readmission agreement with Switzerland in the same terms as this Agreement.”

[1] O.J., L 84, of 20.3.2004.

[2] OJ C

[3] OJ C

[4] OJ C

[5] The date of entry into force of the Readmission Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

[6] O.J., L 84, of 20.3.2004.

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

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

[9] Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 of 23.11.1995, p. 31).