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;