Annexes to COM(2007)504-2 - Conclusion of the Agreement with Moldova on the readmission of persons residing without authorisation

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This page contains a limited version of this dossier in the EU Monitor.

ANNEX 1

COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY (ARTICLES 2(1), 4(1) AND 8(1))

passports of any kind (national passports, diplomatic passports, service passports and, where applicable, collective passports and surrogate passports including children’s passports),

identity cards of any kind,

seaman’s registration books and skippers’ service cards,

citizenship certificates and other official documents that mention or clearly indicate citizenship.

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,

military service books and military identity cards,

official statements made for the purpose of the accelerated procedure by border authority staff or witnesses who can testify that the person concerned has crossed the border,

driving licenses or photocopies thereof,

birth certificates or photocopies thereof,

company identity cards or photocopies thereof,

written statements by witnesses,

written statements made by the person concerned and language spoken by him or her, including by means of an official test result,

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

ANNEX 3

COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE GROUNDS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLES 3(1), 5(1) AND 9(1))

visa or residence permit issued by the Requested State,

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

named 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,

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 GROUNDS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLES 3(1), 5(1) AND 9(2))

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

official statement in judicial or administrative proceedings by the person concerned, family members or travelling companions,

official statements made by witnesses who can testify to the person concerned crossing the border,

information related to the identity and/or stay of a person which has been provided by an International organisation (e.g. UNHCR).

ANNEX 5







ANNEX 6







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 Republic of Moldova and Denmark conclude a readmission agreement in the same terms as this Agreement.

JOINT DECLARATION CONCERNING ICELAND

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

JOINT DECLARATION CONCERNING NORWAY

The Contracting Parties take note of the close relationship between the European Community and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of this country with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that the Republic of Moldova brings into conformity the readmission agreement with Norway signed on 31 March 2005 with the terms of the present 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 Republic of Moldova brings into conformity the readmission agreement with Switzerland signed on 6 November 2003 with the terms of the present Agreement.

JOINT DECLARATION CONCERNING ARTICLES 3(1) AND 5(1)

The Parties agree that a person is ‘entering directly’ from the territory of Moldova within the meaning of these provisions if such person arrived on the territory of the Member States without having entered a third-country in between, or, where the Requested State is one of the Member States, arrived on the territory of Moldova, without having entered a third-country in between. Airside transit stays in a third country shall not be considered as entry.

JOINT DECLARATION ON TECHNICAL AND FINANCIAL SUPPORT

Both Parties agree to implement this Agreement based on the principles of joint responsibility, solidarity and an equal partnership to manage the migratory flows between Moldova and the EU.

In this context, the EC is committed to make available financial resources in order to support Moldova in the implementation of this Agreement. In doing so, special attention will be devoted to capacity building. Such support is to be provided in the context of the overall priorities for assistance in favour of Moldova, as part of the overall funding available for Moldova and in full respect of the relevant implementation rules and procedures of EC external assistance.