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Article 3 Readmission of third-country nationals and stateless persons

Original text. Later amendments are not shown.

1.

The former Yugoslav Republic of Macedonia 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 legal 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, or at the time of entry held, a valid visa or residence permit issued by the former Yugoslav Republic of Macedonia; or

(b)

illegally and directly entered the territory of the Member States after having stayed on, or transited through, the territory of the former Yugoslav Republic of Macedonia.

2.

The readmission obligation in paragraph 1 shall not apply if:

(a)

the third country national or stateless person has only been in airside transit via an International Airport of the former Yugoslav Republic of Macedonia; or

(b)

the Requesting Member State has issued to the third country national or stateless person a visa or residence permit before or after entering its territory unless:

  • that person is in possession of a visa or residence permit, issued by the former Yugoslav Republic of Macedonia, which expires later, or

  • the visa or residence permit issued by the Requesting Member State has been obtained by using forged or falsified documents, or by making false statements, and the person concerned has stayed on, or transited through, the territory of the former Yugoslav Republic of Macedonia, or

  • that person fails to observe any condition attached to the visa and that person has stayed on, or transited through, the territory of the former Yugoslav Republic of Macedonia.

3.

The former Yugoslav Republic of Macedonia shall also readmit, upon application by a Member State, former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality and whose place of birth, and place of permanent residence on 8 September 1991, was in the territory of the former Yugoslav Republic of Macedonia.

4.

After the former Yugoslav Republic of Macedonia has given a positive reply to the readmission application, the Requesting Member State where necessary issues the person whose readmission has been accepted the EU standard travel document for expulsion purposesf1.

Annotations

Footnotes

f1

In line with the form set out in EU Council Recommendation of 30 November 1994.

Notes on Attachment

Footnotes

f1

O J L 84, of 20.3.2004.