Besluit 2007/341 - Sluiting van de overnameovereenkomst met Rusland - Hoofdinhoud

Agreement on readmission with Russia

This decision of 19 April 2007 concerns the conclusion of an agreement between the European Community and Russia. The purpose of this agreement is to lay down the terms for readmission between the two parties. It supplements the decision on the conclusion of an agreement to facilitate the issuing of visas.

ACT

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.

SUMMARY

This decision concerns the conclusion of the agreement on readmission * between the European Community and Russia. This agreement is set out in the annex. It does not apply to Denmark.

Readmission obligation

Russia will readmit, upon application by a European Union (EU) country, any person not, or no longer, fulfilling the conditions in force for entry or residence, provided that it is established that the person concerned is a Russian national.

Nationality can be established by means of at least one of the documents listed in the annex to the agreement, even if its period of validity has expired. If none of the documents listed in the annex can be presented, the competent diplomatic representation or consular post of Russia or the EU country concerned will interview the person to be readmitted without undue delay in order to establish his or her nationality.

Russia will also readmit any non-EU country national or stateless person not, or no longer, fulfilling the conditions in force for entry or residence, provided that evidence can be furnished that this person:

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  holds a valid visa issued by Russia;
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  holds a valid residence authorisation issued by Russia;
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  unlawfully entered the territory of the EU country directly from Russian territory.

The readmission obligation does not apply if:

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  the non-EU country national or stateless person has only been in airside transit via a Russian international airport;
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  an EU country has issued a visa or residence authorisation to the person concerned;
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  the person concerned enjoyed visa-free access to the territory of the requesting EU country *.

Proof of the grounds for the readmission can be furnished by means of at least one of the documents listed in the annex to the agreement.

The reciprocal obligation of EU countries applies mutatis mutandis according to the rules set out above.

For 3 years following the entry into force of the agreement, the readmission obligation will be applicable only to stateless persons and nationals from non-EU countries with which Russia has concluded bilateral arrangements on readmission.

Readmission procedure

Any transfer of a person to be readmitted requires the submission of a readmission application to the requested country *. By way of derogation, no application is needed where the person concerned is in possession of a valid national passport and, where necessary, also holds a valid visa or residence authorisation.

If a person has been apprehended in the border region of the requesting country after illegally crossing the border coming directly from the territory of the requested country, the former may submit a readmission application within two working days following this person’s apprehension (accelerated procedure).

Any readmission application must contain the following information:

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  the particulars of the person concerned;
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  indication of the evidence regarding nationality, unlawful entry and residence;
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  where appropriate, a statement indicating that the person to be transferred may need help or care, and any other protection or security measure.

The application for readmission must be submitted to the authority of the requested country within a maximum of 180 days from the date when the requesting country’s competent authority has gained knowledge that the person concerned does not fulfil, or no longer fulfils, the conditions for entry or residence.

A reply must be given in writing within a maximum of 25 days, which may be extended, on request, to 60 days. In the case of a readmission application submitted under the accelerated procedure, a reply has to be given within two days.

Upon expiry of the above-mentioned time limits, the readmission is deemed to have been agreed to.

Reasons must be given for refusal of a readmission application.

If the reply is positive, the person concerned will be transferred within 90 days. In the case of a transfer under the accelerated procedure, the time limit is two days.

After the requested country has given a positive reply to the readmission application in respect of its own nationals, the competent diplomatic mission or consular office will issue, without delay, a travel document required for the return of the person concerned with a period of validity of 30 days.

For the readmission of stateless persons and non-EU country nationals, the requesting country issues to the person concerned a travel document recognised by the requested country; if the former is an EU country, this document is drawn up in line with the standard form set out in the Council recommendation of 30 November 1994.

Before transferring a person, the Russian authorities and those of the EU country concerned agree on the transfer date, the border crossing point and any escorts required. Any means of transport is allowed. Return by air may be by scheduled or charter flights.

All transport costs incurred in connection with readmission and transit as far as the border-crossing point of the requested country are borne by the requesting country.

Final provisions

This agreement is without prejudice to the rights and obligations conferred under international law, and notably under the Convention relating to the Status of Refugees of 28 July 1951 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

The parties are to set up a joint readmission committee responsible in particular for monitoring the application of this agreement, deciding on arrangements necessary for its uniform execution and proposing amendments to it.

EU countries and Russia are to conclude implementing protocols that lay down rules on the competent authorities, border crossing points, languages of communication, modalities for readmission under the accelerated procedure, conditions for escorted transfers, proofs and evidence additional to those listed in the annexes to this agreement, etc.

This agreement enters into force on the first day of the second month following the date on which the parties notify each other that the ratification or approval procedures have been completed. Following the completion of this procedure, the agreement entered into force on 1 June 2007.

Background

This agreement is the fifth Community agreement on readmission concluded with non-EU countries. The other agreements were concluded with Hong Kong, Macao, Sri Lanka and Albania.

This decision was adopted at the same time as that on the conclusion of an agreement to facilitate the issuing of visas with Russia. These two agreements are part of the introduction of the “four common spaces” between the EU and Russia, one of which is the Common Space of Freedom, Security and Justice. These agreements follow the Joint Statement of 31 May 2003 agreed on the occasion of the Saint-Petersburg summit, stating that the EU and Russia agree to timely conclude the negotiations on a readmission agreement.

Key terms used in the act

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  Readmission: the transfer by the requesting country and admission by the requested country of persons (nationals of the requested country, third-country nationals or stateless persons) who have been found illegally entering, being present in or residing in the requesting country;
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  Requesting country: the country submitting a readmission application;
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  Requested country: the country to which a readmission application is addressed.

References

Last updated: 18.08.2010

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