--- titel: Protocol tussen de Republiek Armenië en de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) ter uitvoering van de Overeenkomst tussen de Europese Unie en de Republiek Armenië inzake de overname van personen die zonder vergunning op het grondgebied verblijven bwb_id: BWBV0006769 type: verdrag status: geldend datum_inwerkingtreding: '2023-09-01' bron: https://wetten.overheid.nl/BWBV0006769 citeertitel: Protocol tussen de Republiek Armenië en de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) ter uitvoering van de Overeenkomst tussen de Europese Unie en de Republiek Armenië inzake de overname van personen die zonder vergunning op het grondgebied verblijven --- # Protocol tussen de Republiek Armenië en de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) ter uitvoering van de Overeenkomst tussen de Europese Unie en de Republiek Armenië inzake de overname van personen die zonder vergunning op het grondgebied verblijven ### Artikel 1 **1.** The Parties shall exchange lists of the authorities competent to implement the Agreement and of their diplomatic or consular mission accredited to the other Parties, within thirty (30) days after the conclusion of this Protocol**.** **2.** The Parties shall immediately notify each other of any changes in the lists referred to in paragraph 1 of this Article. ### Artikel 2 **1.** The border crossing points used for the application of the Agreement are listed in Annex 1 to this Protocol. **2.** The Parties shall immediately inform one another of any changes in the list referred to in paragraph 1 of this Article. **3.** The competent authorities may agree to use other border crossing points for the application of the Agreement on a case by case basis. ### Artikel 3 **1.** A readmission application shall be submitted in writing, by e-mail, fax or other means of telecommunication, directly to the competent authority of the Requested State. If the readmission application contains an interview request, a copy of the application shall also be sent to the diplomatic or consular representation of the Requested State. **2.** The readmission application shall be submitted using the form attached as Annex 5 to the Agreement. **3.** To provide or obtain additional information on a particular readmission application, the Requesting State shall apply to the competent authority of the Requested State. ### Artikel 4 **1.** The reply to a readmission application shall be sent in writing, by e-mail, fax or other means of telecommunication, to the competent authority of the Requesting State. A copy of this reply is simultaneously provided to the diplomatic or consular representation of the Requested State. **2.** The readmission application shall be replied to, within twelve (12) calendar days, using the form attached as Annex 2 to this Protocol. ### Artikel 5 **1.** In the event of a positive reply to the readmission application, the diplomatic or consular representation of the Requested State shall issue the travel document required for the return pursuant to Article 3, paragraph 4 and Article 5, paragraph 4 of the Agreement, without delay but not later than within three (3) working days, to the competent authorities of the Requesting State. **2.** The travel document shall have a period of validity of hundred and twenty (120) days. **3.** If the diplomatic or consular representation of Armenia has not provided the requested travel document within the time limit mentioned in paragraph 1 of this Article, Armenia shall be deemed to have consented to the use of the EU standard travel document for expulsion purposes. The document that shall be used for that purpose is attached as Annex 3 to this Protocol. ### Artikel 6 **1.** If the Requesting State is unable to present any document as referred to in Article 9 of the Agreement, and the Requested State cannot establish the nationality of the person to be readmitted in another way, the diplomatic or consular representation of the Requested State shall arrange an interview in order to establish his nationality. **2.** The interview shall be held without delay and in any case at the latest within five (5) working days from the date of receipt of the readmission application. **3.** The Requested State shall inform the Requesting State immediately and in any case at the latest within three (3) working days after the interview about the result thereof. ### Artikel 7 **1.** The competent authority of the Requesting State shall notify in writing, by e-mail, fax or other means of telecommunication, at least two (2) working days in advance, the competent authority of the Requested State regarding the intended transfer. For this purpose it shall use the form attached as Annex 4 to this Protocol. A copy of this form shall be provided to the diplomatic or consular representation of the Requested State. **2.** If the Requesting State is unable to transfer the person to be readmitted within the period of three (3) months, it shall immediately inform the competent authority of the Requested State. As soon as the actual transfer of the person concerned can take place, the competent authority of the Requesting State shall inform the Requested State, making use of the form referred to in paragraph 1 of this Article and in compliance with the time limits applicable for the transfer. **3.** As a rule transfer shall take place by air. If necessary, use may be made of charter flights. **4.** If there are reasons to justify transport by road, the competent authorities of the Requesting State shall make special mention thereof in the form referred to in paragraph 1 of this Article. ### Artikel 8 **1.** A transit application shall be submitted at least seven (7) working days before the planned transit in writing, by e-mail, fax or other means of telecommunication, to the competent authority of the Requested State. **2.** The application shall be made using the form attached as Annex 6 to the Agreement. **3.** The reply to a transit application shall be sent in writing, by e-mail, fax or other means of telecommunication, to the competent authority of the Requesting State within three (3) working days, stating whether it consents to the transit and the time for which it has been scheduled, the designated border crossing point, the modes of transportation and the use of escorts. This reply shall be made using the form attached as Annex 5 to this Protocol. **4.** In principle, transit shall take place by air. ### Artikel 9 **1.** If the Requesting State deems it necessary to have the support of the authorities of the Requested State for a particular transit, it shall state the nature and substance of the assistance required, under C. “OBSERVATIONS”, of the form attached as Annex 6 to the Agreement. **2.** In its reply to the transit application, the Requested State shall state whether it can provide the requested support. If necessary, the Parties will enter into more detailed consultation. **3.** If the person concerned is escorted on the territory of the Requested State, the guarding and possible embarkation shall be effected under the authority and, as far as possible, with the support of this State. ### Artikel 10 **1.** Escorts are designated by the Requesting State and are responsible for accompanying the person to be readmitted or in transit. **2.** Within the territory of the Requested State, escorts shall under all circumstances comply with the law of the Requested State. **3.** The authority of escorts is limited to self-defence. In addition, in the absence of any officials of the Requested State who are authorised to take the necessary action or in order to support such officials, escorts may respond to an immediate and serious threat in a reasonable and proportionate manner in order to prevent the person concerned from escaping, injuring himself or third parties or causing damage to property. **4.** Escorts shall perform their task unarmed and in civilian dress. They shall be in possession of an escort authorisation, the consent for readmission or transit, and identity card. **5.** The authorities of the Requested State shall grant the same protection and assistance to escorts, while the latter are performing their duties within the framework of the Agreement, as they grant to their own officials who are authorised to take such action. ### Artikel 11 **1.** Costs incurred by the Requested State in connection with readmission and transit operations that are to be borne by the Requesting State pursuant to Article 16 of the Agreement, shall be reimbursed by the Requesting State upon submission of an invoice. This invoice shall also mention the banking details of the Requested State. **2.** The Requesting State shall pay all costs to the Requested State within thirty (30) days after receipt of the invoice. ### Artikel 12 **1.** The Parties shall co-operate to solve any problems that arise in the context of the implementation of the Agreement and this Protocol. **2.** Upon request of one of the Parties, a meeting of experts, consisting of representatives of the competent authorities of the Parties, shall be convened. ### Artikel 13 The Parties shall communicate with one another in the English language. ### Artikel 14 **1.** Annexes 1 to 5 shall constitute an integral part of this Protocol. **2.** Any amendments to the Annexes to this Protocol shall be agreed in writing between the Parties and shall enter into force in accordance with the conditions to be determined by the Parties. ### Artikel 15 **1.** This Protocol may be amended by mutual agreement between the Parties. **2.** Any amendment to the Protocol shall enter into force in accordance with the procedure laid down in Article 18, paragraphs 1 and 2 of this Protocol. ### Artikel 16 This Protocol applies within the territory of the Republic of Armenia, and within the territory of the Kingdom of Belgium, the territory of the Grand Duchy of Luxembourg and the territory of the Kingdom of the Netherlands where the Treaty on the Functioning of the European Union is applicable. ### Artikel 17 The General Secretariat of the Benelux shall be the depositary of this Protocol. The depositary shall provide each State of the Benelux with a true copy of the original. ### Artikel 18 **1.** The Parties shall notify each other and the depositary on the completion of their national procedures for the entry into force of this Protocol. **2.** In accordance with Article 23, paragraph 2 of the Agreement, this Protocol shall enter into force on the first day of the second month after the Joint Readmission Committee has been notified by the depositary that all Parties have completed their respective internal procedures necessary therefore. A copy of this notification shall be distributed by the depositary among all Parties. **3.** The Agreement between the States of the Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons who are residing without authorisation, signed at Brussels on 3 June 2009, shall be withdrawn upon entry into force of this Protocol. **4.** The Protocol is concluded for an unlimited period. The implementation of the Protocol is suspended simultaneously with the suspension of the Agreement. This Protocol terminates simultaneously with the termination of the Agreement.