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Readmission agreements with Eastern European countries, with the exception of Russia

ACT

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.

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.

SUMMARY

The purpose of the European Community’s Agreements with Moldova and Ukraine (the ‘partner countries') is to establish rapid and effective reciprocal procedures for the identification and return of persons residing without authorisation on the territories of the partner country or of one of the Member States and to facilitate the transit of such persons.

Readmission obligations on the requested State

At the request of a Member State, the requested State must readmit:

  • all persons who do not, or who no longer, fulfil the conditions in force for entry into or residence on the territory of the requesting Member State, such persons are nationals of the requested State;
  • all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on the territory of the requesting State.

The Agreements contain Annexes outlining various means which can be used to prove that a person has the nationality of the requested State, and to prove illegal entry from the requested State onto the territory of the requesting State.

Readmission procedure

The readmission application must indicate the particulars of the person to be readmitted and the means by which proof or prima facie evidence of nationality or transit will be provided.

The application for readmission must be submitted to the competent authority of the requested State within at most six months (in the case of Moldova) or a year (in the case of Ukraine) after the requesting State’s competent authority has become aware that a third-country national or a stateless person does not fulfil, or no longer fulfils, the conditions in force for entry, presence or residence.

A response to an application for readmission must be received within at most eleven days (under the Agreement with Moldova) or fourteen days (under the Agreement with Ukraine); if the application is made as part of an expedited procedure, the maximum deadline is two days. Reasons must be given for a refusal.

Before a person is returned, arrangements in writing must be made in advance regarding the point of entry, possible escorts and other information relevant to the transfer. All means of transportation, whether by air, land or sea, are permitted.

Costs

All transport costs incurred in connection with readmission operations as far as the border of the State of final destination are borne by the requesting State.

Joint Committee

Joint Committees have been established to monitor the application of each Agreement.

Background

Pursuant to the EU-Moldova Action Plan, drawn up within the framework of the European Neighbourhood Policy (ENP), the Council began work in 2006 on producing a readmission agreement with Moldova. This resulted in the adoption of a decision on the conclusion of the Agreement.The Agreement is based on Article 63(3)(b) of the Treaty establishing the European Community (EC) in conjunction with Article 300 thereof.

With respect to Ukraine, on 13 June 2002 the Council authorised the Commission to begin negotiations on a readmission agreement within the framework of the EU Common Strategy of 11 December 1999 on Ukraine. These negotiations resulted, on 29 November 2007, in the adoption by the Council of a decision on the conclusion of the agreement. 

REFERENCES 

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Decision 2007/826/EC of 22 November 2007
Moldova
[adoption: consultation CNS/2007/0182]

22.11.2007

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OJ L 334 of 19.12.2007

Decision 2007/839/EC of 29 November 2007
Ukraine
[adoption: consultation CNS/2007/0071]

18.12.2007

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OJ L 332 of 18.12.2007

 

Last updated: 21.02.2008

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