The European Union agreements Sample Clauses

The European Union agreements. ‌ The list of documents which are considered proof or prima facie evidence of the conditions for the readmission of a third country national and stateless persons can be found in the annexes of the EU agreements. Proofs are listed in Annex 3 and prima facie evidence in Annex 4. Entry and exit stamps or similar endorsements are considered proof of entry by a third country national, and so are travel tickets that formally can establish an entry across an external border. This is in full correspondence with the list in the council recommendation.184 An interesting point is that documents, certificates and bills of any kind, is considered proof of entry, if they somehow clearly show that the person concerned stayed on the territory of the requested state. In the recommendation, such items are merely considered prima facie evidence. Likewise, the information on the use of a travel agency is considered proof in the agreements, but presumption of entry in the recommendation. Regarding ‘official statements by border authority staff and other witnesses, who can testify to the person crossing the border’, they are considered proof in the agreements with Albania and Sri Lanka, but only prima facie evidence in the recommendation and in the agreements with Hong Kong SAR and Macao SAR.185 This could be seen as the Community exercising its bargaining power vis-à-vis weaker opponents. ‘Statements by the person concerned’ is considered prima facie evidence of the conditions for readmission in the agreements and the recommendation, with the exception of the agreement with Sri Lanka, which does not contain such a provision. There are some evidence that doesn’t quite fit in the list in the recommendation. For instance, passenger lists of train, air, coach or boat passages, which show the presence and itinerary of the person concerned on the territory of the requested state, which are considered proof in the agreements.186 This is probably due to the fact that, these lists are lists of the ticket holders and can therefore be used when the actual ticket has been lost. Another proof added in the agreements is ‘official statement by the person concerned in judicial or administrative proceedings’. However, this is only added in the agreements the Community have with Sri Lanka and Albania. Added prima facie evidence, with regards to the list, are 184 See pages 20 - 21 above. 185 Compare e.g. EU – Albania agreement, Annex 3 and EU – Macao agreement, Annex 4. 186 This is the wording ...