What Serbia agreed to by signing EU readmission agreement

What Serbia agreed to by signing EU readmission agreement

In the meantime, they criticized the EU for "showing its weakness in solving the crisis" and said sending migrants and refugees from the Middle East, Asia, and Africa, who transited through Serbia on the way toward Western Europe back to this country would be "unacceptable."

The prime minister and the foreign minister announced Serbia's "reaction" if there are no "concrete solutions" - however, there is not much room for this due to the readmission agreement signed in 2007 by Serbia and the EU - the full text of which (in Serbian and English) can be found here

Under the provisions of the agreement, "Serbia 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, fulfill the legal conditions in force for entry to, presence in, or residence on, the territory of the requesting member state."

According to the agreement, this must happen "provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished," that such persons "hold, or at the time of entry held, a valid visa or residence permit issued by Serbia; or illegally and directly entered the territory of the member states after having stayed on, or transited through, the territory of the Serbia."

The agreement also states that the the readmission obligation will not apply if "the third country national or stateless person has only been in airside transit via an international airport of Serbia; or 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 Serbia, 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 Serbia, or that person fails to observe any condition attached to the visa and that person has stayed on, or transited through, the territory of Serbia."

Serbia signed this agreement as part of the visa-free regime deal with the EU for Serbian citizens, and it came into force on January 1, 2008. After this, the country signed a number of other individual protocols with the EU on readmission, including with Hungary.