Legal provisions of COM(2007)425-1 - Signing of the Agreement with Bosnia and Herzegovina on readmission - Main contents
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dossier | COM(2007)425-1 - Signing of the Agreement with Bosnia and Herzegovina on readmission. |
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document | COM(2007)425 ![]() |
date | July 27, 2007 |
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52007PC0425(01)
Proposal for a Council Decision concerning the signing of the Agreement between the European Community and Bosnia and Herzegovina on readmission /* COM/2007/0425 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 17.7.2007
COM(2007) 425 final
2007/0142 (CNS)
Proposal for a
COUNCIL DECISION
concerning the signing of the Agreement between the European Community and Bosnia and Herzegovina on readmission
Proposal for a
COUNCIL DECISION
concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on readmission
(presented by the Commission)
EXPLANATORY MEMORANDUM
I. Political and legal framework
The importance for Bosnia and Herzegovina as well as for all the other Western Balkan countries of coping with illegal migration issues was reaffirmed in the conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003, which also confirmed the European perspective of the countries of the Western Balkans. According to the same conclusions, the dialogue on visa issues will be dependent on combating, inter alia, illegal immigration. As regards readmission, the “Thessaloniki agenda” announced the commitment of the EU to conduct and conclude readmission agreements with all the countries in the region. It further invited Bosnia and Herzegovina and the other Western Balkan countries to take all the necessary measures to facilitate the conclusion, and ensure the implementation, of such agreements.
On 13 November 2006 the General Affairs and External Relations Council formally authorised the Commission to negotiate a readmission agreement with Bosnia and Herzegovina. Negotiating directives for readmission agreements with the other Western Balkan countries were adopted by the Council on the same day. In November 2006 the Commission transmitted a draft agreement between the European Community and Bosnia and Herzegovina to the Bosnian authorities. The negotiations were launched on 30 November 2006 and the first formal round took place in Brussels on 20 December 2006. Two further rounds were held in Brussels in parallel ("back-to-back") with the negotiations on an EC-Bosnia and Herzegovina visa facilitation agreement. The last formal round of negotiations took place on 10 April 2007 during which all outstanding issues were agreed including the readmission of the former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality. The final text of the agreement was initialled by chief negotiators of the two sides on the same day.
Member States have been regularly informed and consulted at all (informal and formal) stages of the readmission negotiations.
On the part of the Community, the legal basis for the Agreement is Article 63(3)(b), in conjunction with Article 300 TEC.
The attached proposals constitute the legal instrument for the signature and conclusion of the readmission agreement. The Council will decide by qualified majority. The European Parliament will have to be formally consulted on the conclusion of the Agreement, in accordance with Art. 300(3) EC Treaty.
The proposed decision concerning the conclusion sets out the necessary internal arrangements for the practical application of the Agreement. In particular , it specifies that the Commission represents the Community within the Joint Readmission Committee set up by Article 18 of the Agreement. Under Article 18(5), the readmission committee shall adopt its own rules of procedure. As in the case for the other readmission agreements so far concluded by the Community, the Community position in this regard shall be established by the Commission in consultation with a special committee designated by the Council. As regards other decisions to be taken by the Joint Committee, the Community position shall be established in accordance with the applicable provisions of the Treaty.
II. OUTCOME OF THE NEGOTIATIONS
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Readmission Agreement is acceptable to the Community.
The draft Readmission Agreement with Bosnia and Herzegovina has been to the extent possible harmonised with the draft Readmission Agreements with the other Western Balkan countries.
The final content of it can be summarised as follows:
- The Agreement is divided into 8 sections with 23 Articles altogether. It also contains 7 Annexes, which form an integral part of it and 4 joint declarations.
- The readmission obligations set out in the Agreement (Articles 2 to 5) are drawn up in a fully reciprocal way, comprising own nationals (Articles 2 and 4) as well as third country nationals and stateless persons including for Bosnia and Herzegovina former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality (Articles 3 and 5).
- The obligation to readmit own nationals includes also former own nationals who have renounced, or who have been deprived of, their nationality without acquiring the nationality of another State.
- The readmission obligation with regard to own nationals covers also family members (i.e. spouses and minor unmarried children) who hold another nationality than the person to be readmitted and who do not have an independent right of residence in the Requesting State.
- The obligation to readmit third country nationals and stateless persons (Article 3) is linked to the following prerequisites: (a) the person concerned holds or at the time of entry held, a valid visa or residence permit issued by the Requested State, or (b) the person concerned illegally and directly entered the territory of the Requesting State after having stayed on or transited through the territory of the Requested State. Exempted from these obligations are persons in airside transit and all persons to whom the Requesting State has issued a visa or residence authorisation before or after entry to its territory.
- The former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality were treated as a separate category (Article 3(3)). Their readmission shall be accepted by Bosnia and Herzegovina provided two conditions are met: their place of birth was on Bosnia and Herzegovina's territory and their place of permanent residence on the date of independence of Bosnia and Herzegovina (i.e. 6 April 1992) was on the territory of that State. The specific conditions for the readmission of this category of persons were applied horizontally in all the readmission agreements with the Western Balkans countries.
- Both for own nationals, in case of expiry of specified delay, as well as for third country nationals or stateless persons, in all cases, Bosnia and Herzegovina accepts the use of the EU's standard travel document for expulsion purposes (Articles 2(4) and 3(4)).
- Section III of the Agreement (Articles 6 to 12 in conjunction with Annexes 1 to 6) contains the necessary technical provisions regarding the readmission procedure (the form and content of the readmission application, means of evidence, time limits, transfer modalities and modes of transportation). Some procedural flexibility is provided by the fact that no readmission will be needed in cases where the person to be readmitted is in possession of a valid national passport and, if he or she is a third-country national, also holds a valid visa or residence authorisation of the State which has to readmit him or her (Article 6(2)). The time limit for replies for all readmission applications is 10 calendar days with the right to an extension with up to 6 calendar days upon request and in duly motivated cases.
- The agreement contains also a section on transit operations (Articles 13 and 14 in conjunction with Annex 7).
- Articles 15 to 17 contain the necessary rules on costs, data protection and the relation to other International obligations.
- The Joint Readmission Committee will be composed, and have the tasks and powers, as set out in Article 18.
- In order to execute this Agreement in practice, Article 19 creates the possibility for Bosnia and Herzegovina and individual Member States to conclude bilateral implementing Protocols. The relation between the bilateral implementing Protocols as well as other existing bilateral readmission agreements between Bosnia and Herzegovina and individual Member States with this Agreement is clarified by Article 20.
- The final provisions (Art. 21 to 23) contain the necessary rules on entry into force, duration, possible amendments, suspension, termination and the legal status of the Annexes to the agreement.
- The specific situation of Denmark is reflected in the preamble, Articles 1(d), 21(2) and in a joint declaration attached to the Agreement. The close association of Norway, Iceland and Switzerland to the implementation, application and development of the Schengen Acquis is likewise reflected in joint declarations to the Agreement.
III. Conclusions
In the light of the above-mentioned results, the Commission proposes that the Council
- decide that the Agreement be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- approve, after consultation of the European Parliament, the attached Agreement between the European Community and Bosnia and Herzegovina on readmission.
Proposal for a
COUNCIL DECISION
concerning the signing of the Agreement between the European Community and Bosnia and Herzegovina on readmission
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 63, paragraph 3 lit. b), in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,
Having regard to the proposal from the Commission,
WHEREAS:
(1) By its decision of 13 November 2006, the Council authorised the Commission to negotiate an agreement between the European Community and Bosnia and Herzegovina on readmission.
(2) Negotiations for the Agreement took place between 30 November 2006 and 10 April 2007.
(3) Subject to its possible conclusion at a later date, the Agreement initialled in Brussels on 10 April 2007 should be signed.
(4) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.
(5) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified its wish to take part in the adoption and application of this Decision.
(6) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Agreement between the European Community and Bosnia and Herzegovina on readmission.
Done in Brussels, the………..of…………2007.
For the Council
The President
2007/0142 (CNS)
Proposal for a
COUNCIL DECISION
concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on readmission
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 63, paragraph 3 lit. b), in conjunction with the first sentence of the first subparagraph of Article 300 (2) and the first subparagraph of Article 300 (3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament
WHEREAS:
(1) The Commission has negotiated on behalf of the European Community an Agreement with Bosnia and Herzegovina on readmission;
(2) This Agreement has been signed, on behalf of the European Community, on …….2007 subject to its possible conclusion at a later date, in accordance with Decision……../……/EC of the Council of [………….]
(3) This Agreement should be approved.
(4) The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.
(5) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.
(6) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified its wish to take part in the adoption and application of this Decision.
(7) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Contents
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6 - Principles
- Article 7 - Readmission application
- Article 8 - Means of evidence regarding nationality
- Article 9 - Means of evidence regarding third-country nationals and stateless persons
- Article 10 - Time limits
- Article 11 - Transfer modalities and modes of transportation
- Article 12 - Readmission in error
- Article 13 - Principles
- Article 14 - Transit procedure
- Article 15 - Transport and transit costs
- Article 16 - Data Protection
- Article 17 - Non-affection clause
- Article 18 - Joint readmission committee
- Article 19 - Implementing Protocols
- Article 20 - Relation to bilateral readmission agreements or arrangements of Member States
- Article 21 - Territorial application
- Article 22 - Entry into force, duration and termination
- Article 23 - Annexes
Article 1
The text of the agreement is attached to this Decision.
Article 2
Article 3
Article 4
Article 5
Done in Brussels, the………of…………2007
For the Council
The President
Annex
AGREEMENT
between the European Community and Bosnia and Herzegovina
on the readmission of persons residing without authorization
THE HIGH CONTRACTING PARTIES,
THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”,
and
BOSNIA AND HERZEGOVINA,
Determined to strengthen their co-operation 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 territories of Bosnia and Herzegovina or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of co-operation;
Emphasising that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States of the European Union and Bosnia and Herzegovina arising from International Law and, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and the Convention of 28 July 1951 on the Status of Refugees;
Considering that the provisions of this Agreement, which falls within the scope of Title IV of the Treaty establishing the European Community, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community,
HAVE AGREED AS FOLLOWS:
Article 1 - Definitions
For the purpose of this Agreement:(a) “Contracting Parties” shall mean Bosnia and Herzegovina and the Community;
(b) “National of Bosnia and Herzegovina” shall mean any person who holds the nationality of Bosnia and Herzegovina in accordance with its national legislation;
(c) “National of a Member State” shall mean any person who holds the nationality, as defined for Community purposes, of a Member State;
(d) “Member State” shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark;
(e) “Third-country national” shall mean any person who holds a nationality other than that of Bosnia and Herzegovina or one of the Member States;
(f) “Stateless person” shall mean any person who does not hold a nationality;
(g) “Residence permit” shall mean a permit of any type issued by Bosnia and Herzegovina or one of the Member States entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence permit;
(h) “Visa” shall mean an authorisation issued or a decision taken by Bosnia and Herzegovina or one of the Member States which is required with a view to entry in, or transit through, its territory. This shall not include airport transit visa;
(i) “Requesting State” shall mean the State (Bosnia and Herzegovina or one of the Member States) submitting a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement;
(j) “Requested State” shall mean the State (Bosnia and Herzegovina or one of the Member States) to which a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement is addressed;
(k) “Competent Authority” shall mean any national authority of Bosnia and Herzegovina or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 19 (1) lit. a) thereof;
(l) “Transit” shall mean the passage of a third country national or a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination.
SECTION I.
READMISSION OBLIGATIONS BY BOSNIA AND HERZEGOVINA
Article 2 - Readmission of own nationals
(1) Bosnia and Herzegovina shall readmit, upon application by a Member State and without further formalities other than those provided for in this agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of Bosnia and Herzegovina.(2) Bosnia and Herzegovina shall also readmit:
- minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the Requesting Member State;
- spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of Bosnia and Herzegovina, unless they have an independent right of residence in the Requesting Member State.
(3) Bosnia and Herzegovina shall also readmit persons who have been deprived of, or who have renounced, the nationality of Bosnia and Herzegovina since entering the territory of a Member State, unless such persons have at least been promised naturalisation by that Member State.
(4) After Bosnia and Herzegovina has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of Bosnia and Herzegovina shall immediately and not later than within 3 working days, issue the travel document required for the return of the person to be readmitted, with a validity of 20 days. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of Bosnia and Herzegovina shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration. If Bosnia and Herzegovina has not, within 14 calendar days, issued the new travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes.
(5) In case the person to be readmitted possesses the nationality of a third state in addition to Bosnian and Herzegovinian nationality, the Requesting Member State shall take into consideration the will of the person to be readmitted to the state of his/her choice.
Article 3 - Readmission of third-country nationals and stateless persons
(1) Bosnia and Herzegovina shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such personsa) hold, or at the time of entry held, a valid visa or residence permit issued by Bosnia and Herzegovina; or
b) illegally and directly entered the territory of the Member States after having stayed on, or transited through, the territory of Bosnia and Herzegovina.
(2) The readmission obligation in paragraph 1 shall not apply if
a) the third country national or stateless person has only been in airside transit via an International Airport of Bosnia and Herzegovina; or
b) the Requesting Member State has issued to the third country national or stateless person a visa or residence permit before or after entering its territory unless
- that person is in possession of a visa or residence permit, issued by Bosnia and Herzegovina, which has a longer period of validity; or
- the visa or residence permit issued by the Requesting Member State has been obtained by using forged or falsified documents, or by making false statements, or
- that person fails to observe any condition attached to the visa.
(3) Bosnia and Herzegovina shall also readmit, upon application by a Member State, former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality and whose place of birth, and place of permanent residence on 6 April 1992, was in the territory of Bosnia and Herzegovina.
(4) After Bosnia and Herzegovina has given a positive reply to the readmission application, the Requesting Member State issues the person whose readmission has been accepted the EU standard travel document for expulsion purposes.
SECTION II .
READMISSION OBLIGATIONS BY THE COMMUNITY
Article 4 - Readmission of own nationals
(1) A Member State shall readmit, upon application by Bosnia and Herzegovina and without further formalities other than those provided for in this agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Bosnia and Herzegovina provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.(2) A Member State shall also readmit:
- minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Bosnia and Herzegovina;
- spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in Bosnia and Herzegovina;
(3) A Member State shall also readmit persons who have been deprived of, or who have renounced, the nationality of a Member State since entering the territory of Bosnia and Herzegovina, unless such persons have at least been promised naturalisation by Bosnia and Herzegovina.
(4) After the Requested Member State has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of that Member State shall immediately and not later than within 3 working days, issue the travel document required for the return of the person to be readmitted, with a validity of at least 3 months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of that Member State shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration.
(5) In case the person to be readmitted possesses the nationality of a third state in addition to that of the Requested Member State, Bosnia and Herzegovina shall take into consideration the will of the person to be readmitted to the state of his/her choice.
Article 5 - Readmission of third-country nationals and stateless persons
(1) A Member State shall readmit, upon application by Bosnia and Herzegovina and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Bosnia and Herzegovina provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such personsa) hold, or at the time of entry held, a valid visa or residence permit issued by the Requested Member State; or
b) illegally and directly entered the territory of Bosnia and Herzegovina after having stayed on, or transited through, the territory of the Requested Member State.
(2) The readmission obligation in paragraph 1 shall not apply if
a) the third country national or stateless person has only been in airside transit via an International Airport of the Requested Member State; or
b) Bosnia and Herzegovina has issued to the third country national or stateless person a visa or residence permit before or after entering its territory unless
- that person is in possession of a visa or residence permit, issued by the Requested Member State, which has a longer period of validity; or
- the visa or residence permit issued by Bosnia and Herzegovina has been obtained by using forged or falsified documents, or by making false statements, or
- that person fails to observe any condition attached to the visa.
(3) The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
(4) After the Member State has given a positive reply to the readmission application, Bosnia and Herzegovina issues the person whose readmission has been accepted the travel document required for his or her return.
SECTION III. READMISSION PROCEDURE
Article 6 - Principles
(2) No readmission application shall be needed where the person to be readmitted is in possession of a valid travel document or identity card and, where applicable, a valid visa or residence permit of the Requested State.
Article 7 - Readmission application
a) 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 appropriate, the particulars of minor unmarried children and/or spouses;
b) ication of the means with which proof or prima facie evidence of nationality, transit, the conditions for the readmission of third-country nationals and stateless persons and unlawful entry and residence will be provided;
c) tograph of the person to be readmitted.
(2) To the extent possible, the readmission application shall also contain the following information:
a) a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;
b) any other protection, security measure or information concerning the health of the person, which may be necessary in the individual transfer case.
(3) A common form to be used for readmission applications is attached as Annex 6 to this Agreement.
Article 8 - Means of evidence regarding nationality
(2) Prima facie evidence of nationality pursuant to Article 2 (1) and Article 4 (1) can be particularly furnished through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Bosnia and Herzegovina shall deem the nationality to be established, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents.
(3) If none of the documents listed in Annexes 1 or 2 can be presented, the competent diplomatic and consular representations of the Requested State concerned shall, upon request, make arrangements to interview the person to be readmitted without undue delay, at the latest within 3 working days from the requesting day, in order to establish his or her nationality.
Article 9 - Means of evidence regarding third-country nationals and stateless persons
(2) Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 3 (1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Bosnia and Herzegovina shall deem the conditions to be established, unless they can prove otherwise.
(3) The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
(4) Proof of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3 (3) shall be particularly furnished through the means of evidence listed in Annex 5a to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by Bosnia and Herzegovina without any further investigation being required.
(5) Prima facie evidence of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3 (3) shall be particularly furnished through the means of evidence listed in Annex 5b to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, Bosnia and Herzegovina shall deem the conditions to be established, unless they can prove otherwise.
(6) If none of the documents listed in Annex 5a and Annex 5b can be presented, the competent diplomatic and consular representations of Bosnia and Herzegovina shall, upon request, make arrangements to interview the person to be readmitted without undue delay or at the latest within 3 working days from the requesting day, in order to establish his or her nationality.
Article 10 - Time limits
(2) A readmission application must be replied to in writing within 10 calendar days in all cases. This time limit begins to run with the date of receipt of the readmission request. If there was no reply within this time limit, the transfer shall be deemed to have been agreed to.
(3) Where there are legal or factual obstacles to the application being replied to within 10 calendar days, this time limit may, upon duly motivated request, be extended up to a maximum of 6 calendar days. If there was no reply within the extended time limit, the transfer shall be deemed to have been approved.
(4) Reasons shall be given for the refusal of a readmission request.
(5) After agreement has been given or, where appropriate, after expiry of the time limit laid down in paragraph 2, the person concerned shall be transferred within three months. On request of the Requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles.
Article 11 - Transfer modalities and modes of transportation
(2) Transportation may take place by air, sea or land. Return by air shall not be restricted to the use of the national carriers of Bosnia and Herzegovina or the Member States and may take place by using scheduled or charter flights. In the event of escorted returns, such escorts shall not be restricted to authorised persons of the Requesting State, provided that they are authorised persons from Bosnia and Herzegovina or any Member State.
Article 12 - Readmission in error
In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and the Requested State shall also communicate all available information relating to the actual identity and nationality of the person to be taken back.
SECTION IV . TRANSIT OPERATIONS
Article 13 - Principles
(2) Bosnia and Herzegovina shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall authorise the transit of third-country nationals or stateless persons if Bosnia and Herzegovina so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
(3) Transit can be refused by Bosnia and Herzegovina or a Member State
a) if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or
b) if the third-country national or the stateless person shall be subject to criminal sanctions in the Requested State or in another State of transit; or
c) on grounds of public health, domestic security, public order or other national interests of the Requested State.
(4) Bosnia and Herzegovina or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In this case, the Requesting State shall take back the third-country national or the stateless person, as necessary and without delay.
Article 14 - Transit procedure
a) type of transit (by air, sea or land), possible other States of transit and intended final destination;
b) the particulars of the person concerned (e.g. given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and – where possible – place of birth, nationality, language, type and number of travel document);
c) envisaged point of entry, time of transfer and possible use of escorts;
d) a declaration that in the view of the Requesting State the conditions pursuant to Article 13 (2) are met, and that no reasons for a refusal pursuant to Article 13 (3) are known of.
A common form to be used for transit applications is attached as Annex 7 to this Agreement.
(2) The Requested State shall, within 5 calendar days and in writing, inform the Requesting State of the admission, confirming the point of entry and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
(3) If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
(4) The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
SECTION V. COSTS
Article 15 - Transport and transit costs
SECTION VI . DATA PROTECTION AND NON - AFFECTION CLAUSE
Article 16 - Data Protection
a) personal data must be processed fairly and lawfully;
b) personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;
c) personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:
- the particulars of the person to be transferred (e.g. given names, surnames, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality);
- passport, identity card or driving licence (number, period of validity, date of issue, issuing authority, place of issue);
- stop-overs and itineraries;
- other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement.
d) personal data must be accurate and, where necessary, kept up to date.
e) personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed.
f) both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party.
g) upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom.
h) personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority.
i) the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.
Article 17 - Non-affection clause
- the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967 on the Status of Refugees;
- the international conventions determining the State responsible for examining applications for asylum lodged;
- the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms;
- the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;
- international conventions on extradition and transit;
- multilateral international conventions and agreements on the readmission of foreign nationals.
(2) Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
SECTION VII . IMPLEMENTATION AND APPLICATION
Article 18 - Joint readmission committee
a) to monitor the application of this Agreement;
b) to decide on implementing arrangements necessary for the uniform application of this Agreement;
c) to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Bosnia and Herzegovina pursuant to Article 19;
d) to recommend amendments to this Agreement and its Annexes.
(2) The decisions of the committee shall be binding on the Contracting Parties.
(3) The committee shall be composed by representatives of the Community and Bosnia and Herzegovina; the Community shall be represented by the Commission.
(4) The committee shall meet where necessary at the request of one of the Contracting Parties.
(5) The committee shall establish its rules of procedures.
Article 19 - Implementing Protocols
a) designation of the competent authorities, border crossing points and exchange of contact points;
b) conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;
c) means and documents additional to those listed in the Annexes 1 to 5 to this agreement.
(2) The implementing Protocols referred to in paragraph 1 shall enter into force only after the readmission committee, referred to in Article 18, has been notified.
(3) Bosnia and Herzegovina agrees to apply any provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
Article 20 - Relation to bilateral readmission agreements or arrangements of Member States
SECTION VIII. FINAL PROVISIONS
Article 21 - Territorial application
(2) This Agreement shall not apply to the territory of the Kingdom of Denmark.
Article 22 - Entry into force, duration and termination
2) This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.
3) This Agreement is concluded for an unlimited period.
4) Each Contracting Party may, by officially notifying the other Contracting Party and after prior consultation of the committee referred to in Article 18, completely or partly, temporarily suspend the implementation of this Agreement with regard to third country nationals and stateless persons, for reasons of security, protection of public order or public health. The suspension shall enter into force on the second day following the day of such notification.
5) Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.