ISSN 1977-0677

doi:10.3000/19770677.L_2013.289.eng

Official Journal

of the European Union

L 289

European flag  

English edition

Legislation

Volume 56
31 October 2013


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

 

2013/628/EU

 

*

Council Decision of 22 October 2013 concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

1

 

 

Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

2

 

 

2013/629/EU

 

*

Council Decision of 22 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

12

 

 

Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

13

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) No 1059/2013 of 29 October 2013 concerning the authorisation of a preparation of Saccharomyces cerevisiae MUCL 39885 as a feed additive for cattle for fattening and amending Regulation (EC) No 492/2006 (holder of the authorisation Prosol SpA) ( 1 )

30

 

*

Commission Implementing Regulation (EU) No 1060/2013 of 29 October 2013 concerning the authorisation of bentonite as a feed additive for all animal species ( 1 )

33

 

*

Commission Implementing Regulation (EU) No 1061/2013 of 29 October 2013 concerning the authorisation of a preparation of Enterococcus faecium NCIMB 10415 as a feed additive for calves, kids, cats and dogs and amending Regulation (EC) No 1288/2004 (holder of the authorisation DSM Nutritional Products Ltd represented by DSM Nutritional products Sp. Z o.o) ( 1 )

38

 

*

Commission Implementing Regulation (EU) No 1062/2013 of 30 October 2013 on the format of the European Technical Assessment for construction products

42

 

*

Commission Implementing Regulation (EU) No 1063/2013 of 30 October 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as regards the use of the equivalence system in the sugar sector

44

 

*

Commission Implementing Regulation (EU) No 1064/2013 of 30 October 2013 fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2013/2014

46

 

*

Commission Regulation (EU) No 1065/2013 of 30 October 2013 amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

48

 

*

Commission Regulation (EU) No 1066/2013 of 30 October 2013 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health ( 1 )

49

 

*

Commission Regulation (EU) No 1067/2013 of 30 October 2013 amending Regulation (EC) No 1881/2006 as regards maximum levels of the contaminants dioxins, dioxin-like PCBs and non-dioxin-like PCBs in liver of terrestrial animals ( 1 )

56

 

*

Commission Regulation (EU) No 1068/2013 of 30 October 2013 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of diphosphates (E 450), triphosphates (E 451) and polyphosphates (E 452) in wet salted fish ( 1 )

58

 

*

Commission Regulation (EU) No 1069/2013 of 30 October 2013 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sodium phosphates (E 339) in natural casings for sausages ( 1 )

61

 

 

Commission Implementing Regulation (EU) No 1070/2013 of 30 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

63

 

 

DECISIONS

 

 

2013/630/EU

 

*

Commission Implementing Decision of 29 October 2013 approving restrictions of the authorisation of one biocidal product containing bromadiolone notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council (notified under document C(2013) 7034)

65

 

 

2013/631/EU

 

*

Commission Decision of 29 October 2013 on the compliance of 2014 unit rates for charging zones under Article 17 of Implementing Regulation (EU) No 391/2013 (notified under document C(2013) 7095)

68

 

 

2013/632/EU

 

*

Commission Implementing Decision of 30 October 2013 confirming the average specific emissions of CO2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2012 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council ( 1 )

71

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

31.10.2013   

EN

Official Journal of the European Union

L 289/1


COUNCIL DECISION

of 22 October 2013

concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

(2013/628/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a) of the second subparagraph of Article 218(6), thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

In accordance with Council Decision 2013/2/EU (1), the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (‘the Agreement’) was signed on 17 December 2012, subject to its conclusion at a later date.

(2)

The Agreement should be approved.

(3)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(4)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 14(1) of the Agreement (4).

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 22 October 2013.

For the Council

The President

L. LINKEVIČIUS


(1)   OJ L 3, 8.1.2013, p. 1.

(2)   OJ L 131, 1.6.2000, p. 43.

(3)   OJ L 64, 7.3.2002, p. 20.

(4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


31.10.2013   

EN

Official Journal of the European Union

L 289/2


AGREEMENT

between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,

and

THE REPUBLIC OF ARMENIA, hereinafter referred to as ‘Armenia’,

hereinafter referred to as ‘the Parties’,

DESIRING to facilitate people-to-people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties by facilitating the issuing of visas to citizens of Armenia,

BEARING IN MIND the Partnership and Cooperation Agreement between the Union and its Member States, of the one part, and Armenia, of the other part, as well as the intention of the Parties to conclude an EU-Armenia Association Agreement,

HAVING REGARD to the Joint Declarations of the Prague and Warsaw Eastern Partnership Summits held respectively on 7 May 2009 and on 30 September 2011 stating the political support towards visa liberalization of the visa regime in a secure environment,

REAFFIRMING the intention to take gradual steps towards a visa-free travel regime for their citizens in due course, provided that conditions for well-managed and secure mobility are in place,

BEARING IN MIND that, as from 10 January 2013, all citizens of the Union are exempted from the visa requirement when travelling to Armenia for a period of time not exceeding 90 days or transiting through the territory of Armenia,

RECOGNISING that if Armenia reintroduces visa requirements for the citizens of the Union or certain categories of them, the same facilitations granted under this Agreement to the citizens of Armenia would automatically, on the basis of reciprocity, apply to the citizens of the Union concerned,

BEARING IN MIND that these visa requirements can only be reintroduced for all citizens of the Union or certain categories of citizens of the Union,

RECOGNISING that visa facilitation should not lead to illegal immigration and paying special attention to security and readmission,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol of the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose and scope of application

1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of Armenia.

2.   If Armenia reintroduces the visa requirements for the citizens of the Union or certain categories of them, the same facilitations granted under this Agreement to the citizens of Armenia would automatically, on the basis of reciprocity, apply to the citizens of the Union concerned,

Article 2

General clause

1.   The visa facilitations provided in this Agreement shall apply to citizens of Armenia only insofar as they are not exempted from the visa requirement by the laws and regulations of the Union or the Member States, this Agreement or other international agreements.

2.   The national law of Armenia or of the Member States or the Union law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.

Article 3

Definitions

For the purpose of this Agreement:

(a)

‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom of Great Britain and Northern Ireland;

(b)

‘citizen of the Union’ shall mean a national of a Member State as defined in point (a);

(c)

‘citizen of Armenia’ shall mean any person who holds the citizenship of Armenia in accordance with the legislation of the Republic of Armenia;

(d)

‘visa’ shall mean an authorisation issued by a Member State with a view to transiting through or an intended stay of a duration of no more than 90 days in any 180-day period in the territory of Member States;

(e)

‘legally residing person’ shall mean a citizen of Armenia authorized or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Union law or national legislation.

Article 4

Documentary evidence regarding the purpose of the journey

1.   For the following categories of citizens of Armenia, the following documents are sufficient for justifying the purpose of the journey to the other Party:

(a)

for close relatives – spouses, children (including adopted), parents (including custodians), grandparents, grandchildren visiting citizens of Armenia legally residing in the Member States, or citizens of the Union residing in the territory of the Member State of which they are nationals:

a written request from the host person;

(b)

for members of official delegations including permanent members of such delegations who, following an official invitation addressed to Armenia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the Member States by intergovernmental organisations:

a letter issued by a competent authority of Armenia confirming that the applicant is a member of its delegation, respectively a permanent member of its delegation, travelling to the territory of the other Party to participate in the aforementioned events, accompanied by a copy of the official invitation;

(c)

for pupils, students, post-graduate persons and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school-related activities:

a written request or a certificate of enrolment from the host university, college or school or student cards or certificates of the courses to be attended;

(d)

for persons travelling for medical reasons and necessary accompanying persons:

an official document of the medical institution confirming necessity of medical care in this institution, the necessity of being accompanied and proof of sufficient financial means to pay for the medical treatment;

(e)

for journalists and technical crew accompanying them in a professional capacity:

a certificate or other document issued by a professional organisation or the applicant’s employer proving that the person concerned is a qualified journalist and stating that the purpose of the journey is to carry out journalistic work or proving that he/she is a member of the technical crew accompanying the journalist in a professional capacity;

(f)

for participants in international sport events and persons accompanying them in a professional capacity:

a written request from the host organisation, competent authorities, national sport federations or national Olympic committees of the Member State;

(g)

for business people and representatives of business organisations:

a written request from the host legal person or company, organisation or an office or a branch of such legal person or company, state or local authorities of the Member States or organising committees or trade and industrial exhibitions, conferences and symposia held in the territories of one of the Member States, endorsed by the competent authorities in accordance with the national legislation;

(h)

for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events:

a written request from the host organisation confirming that the person concerned is participating in the event;

(i)

for representatives of civil society organisations and persons invited by Armenian community non-profit organisations registered in the Member States when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or Pan-Armenian and community support programmes:

a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation or participating in Pan-Armenian or community support activities and the certificate on establishment of such organisation from the relevant register issued by a state authority in accordance with the national legislation;

(j)

for persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes:

a written request from the host organisation to participate in the activities;

(k)

for drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Armenia:

a written request from the national association (union) of carriers of Armenia providing for international road transportation, stating the purpose, itinerary, duration and frequency of the trips;

(l)

for participants of the official exchange programmes organised by twin cities and other municipal entities:

a written request of the Head of Administration/Mayor of these cities or municipal authorities;

(m)

for visiting military and civil burial grounds:

an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried.

2.   For the purposes of this Article the written request shall include the following items:

(a)

for the invited person: name and surname, date of birth, sex, citizenship, passport number, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

(b)

for the inviting person: name, surname and address;

(c)

for the inviting legal person, company or organisation: full name and address and:

if the request is issued by an organisation or authority, the name and position of the person who signs the request,

if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of a Member State, the registration number as required by the national law of the Member State concerned.

3.   For the categories of persons mentioned in paragraph 1 of this Article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Parties.

Article 5

Issuance of multiple-entry visas

1.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of 5 years to the following categories of persons:

(a)

spouses, children (including adopted), who are under the age of 21 or are dependent and parents (including custodians), visiting citizens of Armenia legally residing in the Member States, or citizens of the Union residing in the territory of the Member State of which they are nationals;

(b)

members of national and regional governments and of constitutional and supreme courts if they are not exempted from the visa requirement by this Agreement, in the exercise of their duties;

(c)

permanent members of official delegations who, following an official invitation addressed to Armenia, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

By way of derogation, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where:

in the case of the persons referred to in point (a), the period of validity of the authorisation for legal residence of citizens of Armenia legally residing in the Union,

in case of the persons referred to in point (b), the term of office,

in the case of the persons referred to in point (c), the term of the validity of the status as a permanent member of an official delegation,

is less than five years.

2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of one year to the following categories of persons, provided that during the previous year they have obtained at least one visa and have made use of it in accordance with the laws on entry and stay of the visited State:

(a)

members of official delegations who, following an official invitation addressed to Armenia, shall participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

(b)

representatives of civil society organisations and persons invited by Armenian community non-profit organisations registered in the Member States when undertaking trips to the Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or Pan-Armenian and community support programmes;

(c)

members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States;

(d)

persons participating in scientific, cultural or artistic activities, including university and other exchange programmes, who regularly travel to the Member States;

(e)

students and post-graduate persons who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

(f)

participants of the official exchange programmes organised by twin cities and other municipal entities;

(g)

persons needing to visit regularly for medical reasons and necessary accompanying persons;

(h)

journalists and technical crew accompanying them in a professional capacity;

(i)

business people and representatives of business organisations who regularly travel to the Member States;

(j)

participants in international sports events and persons accompanying them in a professional capacity;

(k)

drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Armenia.

By way of derogation from the first sentence, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period.

3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous 2 years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period.

4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.

Article 6

Fees for processing visa applications

1.   The fee for processing visa applications shall amount to EUR 35.

The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).

2.   Without prejudice to paragraph 3 of this Article, fees for processing the visa application are waived for the following categories of persons:

(a)

pensioners;

(b)

children under the age of 12;

(c)

members of national and regional governments and of Constitutional and Supreme courts, in case they are not exempted from the visa requirement by this Agreement;

(d)

persons with disabilities and the persons accompanying them, if necessary;

(e)

close relatives – spouse, children (including adopted), parents (including custodians), grandparents or grandchildren – of citizens of Armenia legally residing in the territory of the Member States, or citizens of the Union residing in the territory of the Member State of which they are nationals;

(f)

members of official delegations, including permanent members of official delegations, who, following an official invitation addressed to Armenia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the Member States by intergovernmental organisations;

(g)

pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including exchange programmes as well as other school-related activities;

(h)

journalists and technical crew accompanying them in a professional capacity;

(i)

participants in international sport events and persons accompanying them in a professional capacity;

(j)

representatives of civil society organisations and persons invited by Armenian community non-profit organisations registered in the Member States when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or Pan-Armenian and community support programmes;

(k)

persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes;

(l)

persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative or to visit a seriously ill close relative.

3.   If a Member State cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. This fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed EUR 30. The Member States shall maintain the possibility for all applicants to lodge their applications directly at their consulates.

For the Union, the external service provider shall conduct its operations in accordance with the Visa Code and in full respect of Armenian legislation.

Article 7

Length of procedures for processing visa applications

1.   Diplomatic missions and consular posts of the Member States shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.

2.   The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.

3.   The period of time for taking a decision on a visa application may be reduced to 2 working days or less in urgent cases.

4.   If applicants are required to obtain an appointment for the lodging of an application, the appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested. In justified cases of urgency, the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately.

Article 8

Departure in case of lost or stolen documents

Citizens of the Union and of Armenia who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of Armenia or the Member States, may leave the territory of Armenia or the Member States on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of Armenia without any visa or other authorisation.

Article 9

Extension of visa in exceptional circumstances

Citizens of Armenia who are not able to leave the territory of the Member States by the time stated in their visas for reasons of force majeure or humanitarian reasons shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving Member State for the period required for their return to the State of their residence.

Article 10

Diplomatic passports

1.   Citizens of Armenia who are holders of valid diplomatic passports may enter, leave and transit through the territories of the Member States without visas.

2.   Persons referred in paragraph 1 of this Article may stay without visas in the territories of Member States for a period not exceeding 90 days per period of 180 days.

Article 11

Territorial validity of visas

Subject to the national rules and regulations concerning national security of the Member States and subject to Union rules on visas with limited territorial validity, citizens of Armenian shall be entitled to travel within the territory of the Member States on equal basis with citizens of the Union.

Article 12

Joint Committee for management of the Agreement

1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed by representatives of the Union and of Armenia. The Union shall be represented by the Commission, assisted by experts from the Member States.

2.   The Committee shall, in particular, have the following tasks:

(a)

monitoring the implementation of this Agreement;

(b)

suggesting amendments or additions to this Agreement;

(c)

settling disputes arising out of the interpretation or application of the provisions in this Agreement.

3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.

4.   The Committee shall establish its rules of procedure.

Article 13

Relation of this Agreement with bilateral Agreements between Member States and Armenia

As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and Armenia, in so far as the provisions of the latter agreements or arrangements cover issues dealt with by this Agreement.

Article 14

Final clauses

1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.

2.   By way of derogation from paragraph 1 of this Article, this Agreement shall only enter into force on the date of the entry into force of the Agreement between the European Union and Armenia on readmission if this date is after the date provided for in paragraph 1 of this Article.

3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.

4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.

5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.

6.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.

Done at Brussels on 17 December 2012, in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Armenian languages, each of these texts being equally authentic.

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 1

Image 2

Image 3

За Pепублика Армения

Por la República de Armenia

Za Arménskou republiku

For Republikken Armenien

Für die Republik Armenien

Armeenia Vabariigi nimel

Για τη Δημοκρατία της Αρμενίας

For the Republic of Armenia

Pour la République d'Arménie

Per la Repubblica di Armenia

Armēnijas Republikas vārdā –

Armėnijos Respublikos vardu

Örmény Köztársaság részéről

Għar-Repubblika tal-Armenja

Voor de Republiek Armenië

W imieniu Republiki Armenii

Pela República da Arménia

Pentru Republica Armenia

Za Arménsku republiku

Za Republiko Armenijo

Armenian tasavallan puolesta

För Republiken Armenien

Image 4

Image 5


PROTOCOL

to the Agreement on the Member States that do not fully apply the Schengen acquis

Those Member States which are bound by the Schengen acquis but which do not issue yet Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.

In accordance with Decision No 582/2008/EC of the European Parliament and of the Council of 17 June 2008 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Cyprus and Romania of certain documents as equivalent to their national visas for the purposes of transit through their territories (1), harmonised measures have been taken in order to simplify the transit of holders of Schengen visa and Schengen residence permits through the territory of the Member States that do not fully apply the Schengen acquis yet.


(1)   OJ L 161, 20.6.2008, p. 30.


Joint Declaration on Article 10 of the agreement on diplomatic passports

The Union or Armenia might invoke a partial suspension of the agreement and in particular of Article 10, in accordance with the procedure set up by Article 14(5), if the implementation of Article 10 is abused by the other Party or leads to a threat to public security.

In case of suspension of the implementation of Article 10, both Parties shall initiate consultations within the framework of the Joint Committee set up by the Agreement with a view to solve the problems that lead to the suspension.

As a priority, both Parties declare their commitment to ensure a high level of document security for diplomatic passports, in particular by integrating biometric identifiers. For the Union, this will be ensured in compliance with the requirements set out in Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (1).


(1)   OJ L 385, 29.12.2004, p. 1.


European Union Declaration on documents to be submitted when applying for short stay visas

The European Union will intensify efforts and endeavour to draw up, before the entry into force of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas, a list of minimum requirements in order to ensure that Armenian applicants are given coherent and uniform basic information, in accordance with point (a) of Article 47(1) of the Visa Code, and are required to submit, in principle, the same supporting documents.

The information mentioned above is to be disseminated widely (on the information board of consulates, in leaflets, on websites, etc.).


Joint Declaration concerning Denmark

The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular services of Denmark.

In such circumstances, it is appropriate that the authorities of Denmark and of Armenia conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the Union and Armenia.


Joint declaration concerning the United Kingdom and Ireland

The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland.

In such circumstances, it is appropriate that the authorities of the United Kingdom, Ireland and Armenia conclude bilateral agreements on the facilitation of the issuance of visas.


Joint declaration concerning Iceland, Norway, Switzerland and Liechtenstein

The Parties take note of the close relationship between the Union and Switzerland, Iceland, Liechtenstein, and Norway, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.

In such circumstances, it is appropriate that the authorities of Switzerland, Iceland, Liechtenstein, and Norway and Armenia conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the Union and Armenia.


Joint declaration on cooperation on travel documents

The Parties agree that the Joint Committee established under Article 12 of the Agreement, when monitoring the implementation of the Agreement, should evaluate the impact of the level of security of the respective travel documents on the functioning of the Agreement. To that end, the Parties agree to regularly inform each other about the measures taken for avoiding the proliferation of travel documents, developing the technical aspects of travel document security as well as regarding the personalisation process of the issuance of travel documents.


31.10.2013   

EN

Official Journal of the European Union

L 289/12


COUNCIL DECISION

of 22 October 2013

on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

(2013/629/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with point (a) of the second subparagraph of Article 218(6), thereof

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)

In accordance with Council Decision 2013/156/EU (1), the Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation (‘the Agreement’) was signed on 19 April 2013, subject to its conclusion at a later date.

(2)

The Agreement should be approved.

(3)

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 Union position in this case.

(4)

In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 23(2) of the Agreement (2).

Article 3

The Commission, assisted by experts from Member States, shall represent the Union in the Joint Readmission Committee established by Article 19 of the Agreement.

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 22 October 2013.

For the Council

The President

L. LINKEVIČIUS


(1)   OJ L 87, 27.3.2013, p. 1.

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


31.10.2013   

EN

Official Journal of the European Union

L 289/13


AGREEMENT

between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

THE CONTRACTING PARTIES,

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,

and

THE REPUBLIC OF ARMENIA, hereinafter referred to as ‘Armenia’,

DETERMINED to strengthen their cooperation 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 territory of Armenia or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,

EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, its Member States and Armenia arising from international law and, in particular, from the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967, and the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms,

CONSIDERING that in accordance with Protocol No 21 on the position of the United Kingdom of Great Britain and Northern Ireland and of Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the United Kingdom of Great Britain and Northern Ireland and Ireland will not take part in this Agreement unless they notify their wish to that effect in accordance with that Protocol,

CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, do not apply to the Kingdom of Denmark, in accordance with the Protocol No 22 on the position of the Kingdom of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

(a)

‘Contracting Parties’ shall mean Armenia and the Union;

(b)

‘National of Armenia’ shall mean any person who holds the citizenship of Armenia in accordance with the legislation of the Republic of Armenia;

(c)

‘National of a Member State’ shall mean any person who holds the nationality, as defined for Union purposes, of a Member State;

(d)

‘Member State’ shall mean any Member State of the European Union bound by this Agreement;

(e)

‘Third-country national’ shall mean any person who holds a nationality other than that of Armenia 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 Armenia 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 Armenia 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 (Armenia or one of the Member States) submitting a readmission application pursuant to Article 8 or a transit application pursuant to Article 15 of this Agreement;

(j)

‘Requested State’ shall mean the State (Armenia or one of the Member States) to which a readmission application pursuant to Article 8 or a transit application pursuant to Article 15 of this Agreement is addressed;

(k)

‘Competent authority’ shall mean any national authority of Armenia or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 20(1)(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;

(m)

‘Border region’ shall mean an area which extends up to 15 kilometres from the territories of seaports including custom zones, and international airports of the Member States and Armenia.

Article 2

Fundamental principles

While strengthening cooperation on preventing and combating irregular migration, the Requested and Requesting State shall, in the application of this Agreement to persons falling within its scope, ensure respect for human rights and for the obligations and responsibilities following from relevant international instruments applicable to them, in particular:

the Universal Declaration of the Human Rights of 10 December 1948,

the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms,

the International Covenant of 16 December 1966 on Civil and Political Rights,

the UN Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

the Convention of 28 July 1951 relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees.

The Requested State shall in particular ensure, in compliance with its obligations under the international instruments listed above, the protection of the rights of persons readmitted to its territory.

The Requesting State should give preference to voluntary return over forced return where there are no reasons to believe that this would undermine the return of a person to the Requested State.

SECTION I

READMISSION OBLIGATIONS BY ARMENIA

Article 3

Readmission of own nationals

1.   Armenia 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 Armenia.

2.   Armenia 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 or hold a valid residence permit issued by another Member State,

spouses, holding another nationality or being stateless, 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 Armenia, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State.

3.   Armenia shall also readmit persons who have renounced the nationality of Armenia since entering the territory of a Member State, unless such persons have at least been promised naturalisation by that Member State.

4.   After Armenia has given a positive reply to the readmission application, the competent diplomatic or consular representation of Armenia shall, irrespective of the will of the person to be readmitted, immediately, free of charge and not later than within three working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 120 days. If Armenia has not, within three working days, issued the travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (1).

5.   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 or consular representation of Armenia shall, within three working days and free of charge, issue a new travel document with a period of validity of the same duration. If Armenia has not, within three working days, issued the new travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (2).

Article 4

Readmission of third-country nationals and stateless persons

1.   Armenia 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 persons:

(a)

hold at the time of submission of the readmission application a valid visa or residence permit issued by Armenia; or

(b)

illegally and directly entered the territory of the Member States after having stayed on, or transited through, the territory of Armenia.

2.   The readmission obligation in paragraph 1 shall not apply if the third country national or stateless person has only been in airside transit via an international airport of Armenia.

3.   Without prejudice to Article 7(2), after Armenia has given a positive reply to the readmission application, the Requesting Member State issues to the person whose readmission has been accepted the EU standard travel document for expulsion purposes (3).

SECTION II

READMISSION OBLIGATIONS BY THE UNION

Article 5

Readmission of own nationals

1.   A Member State shall readmit, upon application by Armenia 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 Armenia 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 Armenia,

spouses, holding another nationality or being stateless, 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 Armenia.

3.   A Member State shall also readmit persons who have renounced the nationality of a Member State since entering the territory of Armenia, unless such persons have at least been promised naturalisation by Armenia.

4.   After the Requested Member State has given a positive reply to the readmission application, the competent diplomatic or consular representation of that Member State shall, irrespective of the will of the person to be readmitted, immediately, free of charge and not later than within three working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 120 days.

5.   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 or consular representation of that Member State shall, within three working days and free of charge, issue a new travel document with a period of validity of the same duration.

Article 6

Readmission of third-country nationals and stateless persons

1.   A Member State shall readmit, upon application by Armenia 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 Armenia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

(a)

hold at the time of submission of the readmission application a valid visa or residence permit issued by the Requested Member State; or

(b)

illegally and directly entered the territory of Armenia 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 the third country national or stateless person has only been in airside transit via an international airport of the Requested Member State.

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.   Without prejudice to Article 7(2), after the Member State has given a positive reply to the readmission application, Armenia issues to the person whose readmission has been accepted the travel document required for his or her return.

SECTION III

READMISSION PROCEDURE

Article 7

Principles

1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 3 to 6 shall require the submission of a readmission application to the competent authority of the Requested State.

2.   If the person to be readmitted is in possession of a valid travel document or identity card and, in the case of third country nationals or stateless persons, a valid visa or residence permit of the Requested State, the transfer of such person can take place without the Requesting State having to submit a readmission application or written notification referred to in Article 12(1) to the competent authority of the Requested State.

3.   Without prejudice to paragraph 2, if a person has been apprehended in the border region, including airports, of the Requesting State after illegally crossing the border coming directly from the territory of the Requested State, the Requesting State may submit a readmission application within two working days following this person’s apprehension (accelerated procedure).

Article 8

Readmission application

1.   To the extent possible, the readmission application is to contain the following information:

(a)

the 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 applicable, the particulars of minor unmarried children and/or spouses;

(b)

in case of own nationals, indication of the means with which proof or prima facie evidence of nationality as set out by Annexes 1 and 2 respectively will be provided;

(c)

in case of third country nationals and stateless persons, indication of the means with which proof or prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons as provided for by Annexes 3 and 4 respectively will be provided;

(d)

photograph 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 5 to this Agreement.

4.   A readmission application may be submitted by any means of communication including electronic ones.

Article 9

Means of evidence regarding nationality

1.   Proof of nationality pursuant to Article 3(1) and Article 5(1) can be particularly furnished through the documents listed in Annex 1 to this Agreement, including documents the validity of which has expired by up to six months. If such documents are presented, the Member States and Armenia shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents.

2.   Prima facie evidence of nationality pursuant to Article 3(1) and Article 5(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 Armenia 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 or consular representations of the Requested State concerned shall, upon a request from the Requesting State which is to be included in the readmission application, interview the person to be readmitted without undue delay, at the latest within five working days from the date of receipt of the readmission application in accordance with Article 11(2), in order to establish his or her nationality. The procedure for such interviews may be established in the implementing Protocols provided for in Article 20 of this Agreement.

Article 10

Means of evidence regarding third-country nationals and stateless persons

1.   Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 4(1) and Article 6(1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Armenia without any further investigation being required.

2.   Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 4(1) and Article 6(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 Armenia 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.

Article 11

Time limits

1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of nine months after the Requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.

2.   A readmission application must be replied to in writing

within two working days if the application has been made under the accelerated procedure (Article 7(3));

within twelve calendar days in all other 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.

Reply to a readmission application may be submitted by any means of communication including electronic ones.

3.   Reasons for the refusal of a readmission request shall be given in writing.

4.   After agreement has been given or, where appropriate, after expiry of the time limits 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 12

Transfer modalities and modes of transportation

1.   Without prejudice to Article 7(2), before returning a person, the competent authorities of the Requesting State shall notify in writing at least two working days in advance the competent authorities of the Requested State regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer.

2.   Transportation may take place by any means including by air. Return by air shall not be restricted to the use of the national carriers of Armenia 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 persons authorised by Armenia or any Member State.

3.   If the transfer takes place by air, possible escorts shall be exempted from having to obtain necessary visas.

Article 13

Readmission in error

The Requesting State shall take back any person readmitted by the Requested State if it is established, within a period of six months after the transfer of the person concerned, that the requirements laid down in Articles 3 to 6 of this Agreement are not met.

In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.

SECTION IV

TRANSIT OPERATIONS

Article 14

Principles

1.   The Member States and Armenia should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.

2.   Armenia 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 Armenia 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 Armenia 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.   Armenia 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 15

Transit procedure

1.   An application for transit operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information:

(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 14(2) are met, and that no reasons for a refusal pursuant to Article 14(3) are known of.

A common form to be used for transit applications is attached as Annex 6 to this Agreement.

A transit application may be submitted by any means of communication including electronic ones.

2.   The Requested State shall, within three working days after receipt of the application 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. If there was no reply within three working days, the transit shall be deemed to have been agreed to.

Reply to a transit application may be submitted by any means of communication including electronic ones.

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.

5.   Transit of the persons shall be carried out within 30 days of receipt of consent to the request.

SECTION V

COSTS

Article 16

Transport and transit costs

Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State.

SECTION VI

DATA PROTECTION AND RELATION TO OTHER INTERNATIONAL OBLIGATIONS

Article 17

Data protection

The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Armenia or a Member State as the case may be. The processing and treatment of personal data in a particular case shall be subject to the domestic laws of Armenia and, where the controller is a competent authority of a Member State, to the provisions of Directive 95/46/EC and of the national legislation of that Member State adopted pursuant to that Directive. Additionally, the following principles shall apply:

(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 18

Relation to other international obligations

1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, its Member States and Armenia arising from international law including from international conventions to which they are party, in particular from the international instruments listed in Article 2 and:

the international conventions determining the State responsible for examining applications for asylum lodged,

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 19

Joint readmission committee

1.   The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a joint readmission committee (hereinafter referred to as ‘the committee’) which will, in particular, have the task:

(a)

to monitor, and exchange information regarding, the application of this Agreement, excluding personal data;

(b)

to address issues arising out of the interpretation or application of the provisions of this Agreement;

(c)

to decide on implementing arrangements necessary for the uniform application of this Agreement;

(d)

to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Armenia pursuant to Article 20;

(e)

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 of representatives of the Union and Armenia.

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 20

Implementing Protocols

1.   Without prejudice to the direct applicability of the present Agreement, on request of a Member State or Armenia, Armenia and a Member State shall draw up an implementing Protocol which shall, inter alia, cover:

(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 4 to this Agreement;

(d)

the modalities for readmission under the accelerated procedure;

(e)

the procedure for interviews.

2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the joint readmission committee referred to in Article 19 has been notified.

3.   Armenia 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. The Member States agree to apply any provision of an implementing Protocol concluded by one of them also in their relations with Armenia upon request of the latter, subject to the practical feasibility of its application to other Member States.

Article 21

Relation to bilateral readmission agreements or arrangements of Member States

The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been or may, under Article 20, be concluded between individual Member States and Armenia, in so far as the provisions of the latter are incompatible with those of this Agreement.

SECTION VIII

FINAL PROVISIONS

Article 22

Territorial application

1.   Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and to the territory of Armenia.

2.   This Agreement shall apply to the territory of the United Kingdom of Great Britain and Northern Ireland and of Ireland only pursuant to a notification by the European Union to Armenia to that effect. This Agreement shall not apply to the territory of the Kingdom of Denmark.

Article 23

Entry into force, duration and termination

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.

2.   This Agreement shall enter into force on the first day of the second month following the date on which the last Contracting Party has notified the other that the procedures referred to in paragraph 1 have been completed.

3.   This Agreement shall apply to the United Kingdom of Great Britain and Northern Ireland and to Ireland on the first day of the second month following the date of the notification referred to in Article 22(2).

4.   The Agreement is concluded for an unlimited period.

5.   This Agreement may be amended by mutual consent of the Contracting Parties. Amendments shall be drawn up in the form of separate protocols, which shall form an integral part of this Agreement, and enter into force in accordance with the procedure laid down in this Article.

6.   Each Contracting Party may, by officially notifying the other Contracting Party and after prior consultation of the committee referred to in Article 19, completely or partly, temporarily suspend the implementation of this Agreement. The suspension shall enter into force on the second day following the day of such notification.

7.   Each Contracting Party may terminate this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.

Article 24

Annexes

Annexes 1 to 6 shall form an integral part of this Agreement.

Done at Brussels on the nineteenth day of April in the year two thousand and thirteen in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Armenian languages, each of these texts being equally authentic.

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 6

Image 7

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За Pепублика Армения

Por la República de Armenia

Za Arménskou republiku

For Republikken Armenien

Für die Republik Armenien

Armeenia Vabariigi nimel

Για της Δημοκρατίας της Αρμενίας

For the Republic of Armenia

Pour la République d'Arménie

Per la Repubblica di Armenia

Armēnijas Republikas vārdā –

Armėnijos Respublikos vardu

Örmény Köztársaság részéről

Għall-Repubblika tal-Armenja

Voor de Republiek Armenië

W imieniu Republiki Armenii

Pela República da Arménia

Pentru Republica Armenia

Za Arménsku republiku

Za Republiko Armenijo

Armenian tasavallan puolesta

För Republiken Armenien

Image 9

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(1)  In line with the form set out in EU Council recommendation of 30 November 1994.

(2)  Ibid.

(3)  Ibid.


ANNEX 1

COMMON LIST OF DOCUMENTS, THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY

(Articles 3(1), 5(1) and 9(1))

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

identity cards of any kind (including temporary and provisional ones),

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 3(1), 5(1) and 9(2))

documents listed in Annex 1, the validity of which has expired by more than six months,

photocopies of any of the documents listed in Annex 1 to this Agreement,

driving licenses or photocopies thereof,

birth certificates or photocopies thereof,

company identity cards or photocopies thereof,

statements by witnesses,

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,

fingerprints,

laissez-passer issued by the Requested State,

service books and military identity cards,

seaman’s registration books and skippers’ service cards,

confirmation of identity as a result of a search carried out in the Visa Information System (1),

in the case of Member States not using the Visa Information System, positive identification established from visa application records of those Member States.


(1)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).


ANNEX 3

COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

(Articles 4(1), 6(1) and 10(1))

visa and/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).


ANNEX 4

COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

(Articles 4(1), 6(1) and 10(2))

description issued by the relevant authorities of the Requesting State, of place and circumstances under which the person concerned has been intercepted after entering the territory of that 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, travelling companions, etc.;

statement by the person concerned,

fingerprints,

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,

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

official statements made, in particular, by border authority staff and other witnesses who can testify to the person concerned crossing the border,

official statement by the person concerned in judicial or administrative proceedings.


ANNEX 5

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