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 mission or consular office of Cape Verde shall, within four working days, issue a new travel document with a period of validity of the same duration. If Cape Verde has not, within four working days, issued the new travel document, it shall be deemed to accept the use of the Union standard travel document for expulsion purposes(2).

Article 3

Readmission of third-country nationals and stateless persons

1. Cape Verde 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 or held at the time of entering the territory in question a valid visa issued by Cape Verde, accompanied by legal proof of entry to the territory of Cape Verde, or a valid residence permit issued by Cape Verde; or

(b) illegally entered the territory of a Member State coming directly from Cape Verde and that their prior presence in the territory of Cape Verde has been established.

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 Cape Verde; or

(b) the requesting Member State has issued to the third-country national or stateless person a visa or residence permit before or after that person entered its territory, except where:

(i) that person holds a valid visa issued by Cape Verde, accompanied by legal proof of entry to the territory of Cape Verde, or a residence permit issued by Cape Verde, which has a longer period of validity or is still valid; or

(ii) that person has exceeded the length of time authorised by their visa or has conducted activities unauthorised by their visa in the territory of the requesting Member State.

3. After Cape Verde has given a positive reply to the readmission application, the requesting Member State shall issue the Union standard travel document for expulsion purposes(3) to the person whose readmission has been accepted.

SECTION II

READMISSION OBLIGATIONS OF THE UNION

Article 4

Readmission of own nationals

1. Pursuant to Article 13(5)(c)(i) of the Cotonou Agreement, a Member State shall readmit, upon application by Cape Verde 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 Cape Verde 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:

(a) minor unmarried children of the persons referred to in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Cape Verde;