Annexes to COM(2009)106-1 - Signing of the Agreement with Pakistan on readmission - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)106-1 - Signing of the Agreement with Pakistan on readmission. |
|---|---|
| document | COM(2009)106  |
| date | March 6, 2009 |
COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED AS EVIDENCE OF NATIONALITY (ARTICLES 2 (1) IN CONJ. WITH ARTICLE 6 (2))
- Genuine passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children's passports);
- Computerised national identity cards
- Genuine citizenship certificates.
Annex 2
LIST OF DOCUMENTS THE PRESENTATION OF WHICH SHALL INITIATE THE PROCESS FOR ESTABLISHING NATIONALITY (ARTICLE 2 (1) IN CONJ. WITH ARTICLE 6 (3))
- Digital fingerprints or other biometric data;
- temporary and provisional national identity cards, military identity cards and birth certificates issued by the Government of the Requested Party;
- Photocopies* of any of the documents listed in Annex 1 to this Agreement;
- driving licenses or photocopies* thereof;
- photocopies* of other official documents that mention or indicate citizenship (e.g. birth certificates);
- service cards, seaman’s registration cards, skipper’s service cards or photocopies* thereof;
- statements made by the person concerned;
* For the purpose of this Annex, the term “photocopies” shall mean photocopies officially authenticated by the authorities of Pakistan or the Member States.
Annex 3
COMMON LIST OF DOCUMENTS WHICH SHALL BE CONSIDERED AS MEANS OF EVIDENCE OF THE CONDITIONS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLE 3 (1) IN CONJ. WITH ARTICLE 7 (1))
- entry and/or departure stamps/endorsements in the travel document of the person concerned;
- valid visa and/or residence authorization issued by the Requested State.
Annex 4
COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS MEANS OF EVIDENCE TO INITIATE THE INVESTIGATIONS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLE 3 IN CONJ. WITH ARTICLE 7(2))
- official statements made, in particular, by border authority staff and other official, or bona fide witnesses (e.g. airline staff) who can testify to the person concerned crossing the border;
- description, by the competent authorities of the Requesting State, of the place and circumstances under which the person concerned has been intercepted after entering the territory of the requesting state;
- information related to the identity and/or stay of a person which has been provided by an International Organisation (e.g. UNHCR);
- reports/confirmation of information by family members;
- statement by the person concerned;
- named tickets as well as certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the person concerned stayed on the territory of the Requested State;
- named tickets and/or passenger lists of air or boat passages which show the itinerary on the territory of the Requested State;
- information showing that the person concerned has used the services of a courier or travel agency.
Annex 5
[Emblem of Pakistan]
……………………………………… ………………………………………
……………………………………… (Place and date)
(Designation of requesting authority)
Reference: …………………………………
To
………………………………………
………………………………………
………………………………………
(Designation of requested authority)
READMISSION APPLICATION
Pursuant to Article 5 of the Agreement of (date of signature) between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorization
A. PERSONAL DETAILS
1. Full name (underline surname):
……………………………………………………….
2. Maiden name:
……………………………………………………….
3. Date and place of birth:
……………………………………………………….
4. Sex and physical description (height, colour of eyes, distinguishing marks etc.):
……………………………………………………………………………………………………….
5. Also known as (earlier names, other names used/by which known or aliases):
……………………………………………………………………………………………………….
6. Nationality and language:
……………………………………………………………………………………………………….
7. Civil status: married single divorced widowed
If married: Name of spouse …………………………………………………..…..…
Names and age of children (if any) …………………………………………………..…….
………………………………...……………...………..
………………………………………..………………..
……………………………………………………..…..
8. Last address in the
(a) Requesting Party:
(b) Requested Party:
………………………………………………………………………………………………………………..
B. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE
1. State of health
(e.g. possible reference to special medical care; Latin name of contagious disease):
……………………………………………………………………………………………………….
2. Indication of particularly dangerous person
(e.g. suspected of serious offence; aggressive behaviour):
……………………………………………………………………………………………………….
C. MEANS OF EVIDENCE ATTACHED
1. ……………………………………………… ………………………………………………
(Passport No.) (date and place of issue)
……………………………………………… ………………………………………………
(Issuing authority) (expiry date)
2. ……………………………………………… ………………………………………………
(Identity card No.) (date and place of issue)
……………………………………………… ………………………………………………
(Issuing authority) (expiry date)
3. ……………………………………………… ………………………………………………
( Birth Certificate) (date and place of issue)
……………………………………………… ………………………………………………
(Issuing authority) (expiry date)
4. ……………………………………………… ………………………………………………
(Other official document No.) (date and place of issue)
……………………………………………… ………………………………………………
(Issuing authority) (expiry date)
D. OBSERVATIONS
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………..
(Signature) (Seal/stamp)
Annex 6
[Emblem of Pakistan]
……………………………………… ………………………………………
……………………………………… (Place and date)
(Designation of requesting authority)
Reference: …………………………………
To
………………………………………
………………………………………
………………………………………
(Designation of requested authority)
TRANSIT APPLICATION
Pursuant to Articles 11-12 of the Agreement of (date of signature) between
the European Community and the Islamic Republic of Pakistan
on the readmission of persons residing without authorization
A. PERSONAL DETAILS
1. Full name (underline surname):
……………………………………………………….
2. Maiden name:
……………………………………………………….
3. Date and place of birth:
……………………………………………………….
4. Sex and physical description (height, colour 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 sea 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 assured in any other transit State and in the State of final destination
yes no
C. OBSERVATIONS
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………..
(Signature) (Seal/stamp)
Joint Declaration on Article 1(f)
For the purpose of Article 1(f), the Parties agree that residence authorization shall not include temporary permissions to remain on their territories in connection with the processing of an asylum application or an application for a residence authorization.
Joint Declaration on Article 2 (1)
The Parties take note that, according to the current Pakistan Citizenship Act, 1951, and the Rules made thereunder, a citizen of Pakistan cannot renounce his citizenship without having acquired or having been given a valid document assuring the grant of citizenship or nationality of another State.
The Parties agree to consult each other as and when the need arises.
Joint Declaration on Article 3
With regard to Article 3, the Parties will endeavour to return, as a matter of principle, any third country national or stateless person who does not, or who no longer, fulfils the conditions in force for entry to, presence in, or residence on the territory of either Party, to his or her country of origin.
Joint Declaration on Article 3 (1) (b)
The Parties agree that mere airside transit stays in a third-country shall not be considered as ‘having entered another country in-between’ in the meaning of those provisions.
Joint Declaration on Article 8(2)
The Parties agree that with regard to readmission applications submitted by Member States whose maximum detention periods in their national legislation is lower than, or equal to, 30 days, the time limit of 30 calendar days mentioned in Article 8(2) includes, in case of a positive reply to the readmission application, the issuing of the travel document required for his or her readmission in respect of Article 2(2) and Article 3(4) of the Agreement.
Joint Declaration between the European Commission and Pakistan on Legal Migration
In keeping with Pakistan’s interest in benefiting from opportunities for legal migration existing in the Member States of the European Union, the Parties agreed that the application of the EC - Pakistan Readmission Agreement will be instrumental in encouraging individual Member States to offer legal migration opportunities to Pakistani citizens. In this context, the European Commission calls upon Member States to enter into talks with Pakistan, according to their own national legislation, regarding legal migration possibilities of Pakistani citizens.
Joint Declaration on Technical Assistance
The Parties are committed to implement this Agreement on the basis of shared responsibility and a balanced partnership in a spirit of solidarity as regards the management of migratory flows between the EU and Pakistan.
In this context, the European Union will support Pakistan, through Community assistance programmes, notably the Aeneas Programme, in the implementation of all components of this Agreement, including support aimed at resettlement and welfare of the readmitted persons.
Such support can in principle also cover fostering the links between migration and development, organising and promoting legal economic migration, managing illegal migration, protecting migrants against exploitation and exclusion.
Joint Declaration concerning Denmark
The 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 Pakistan and Denmark conclude a readmission agreement in the same terms as this Agreement.
Joint Declaration concerning Iceland and Norway
The 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 Pakistan concludes a readmission agreement with Iceland and Norway in the same terms as this Agreement.
Joint Declaration on a Comprehensive Dialogue on Migration Management
The Parties are committed to engage in a comprehensive dialogue on migration management within the framework of the Joint Commission to be established under the EC – Pakistan Third Generation Cooperation Agreement. This dialogue will include visa policies, with a view to facilitating people-to-people exchanges .
[1] OJ C
[2] OJ C
[3]
[4] 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.
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