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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
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| Protocol tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Bosnië en Herzegovina ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en Bosnië en Herzegovina betreffende de overname van personen die zonder vergunning op het grondgebied verblijven (Uitvoeringsprotocol) | BWBV0006319 | verdrag | geldend | 2021-08-01 | https://wetten.overheid.nl/BWBV0006319 | Protocol tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Bosnië en Herzegovina ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en Bosnië en Herzegovina betreffende de overname van personen die zonder vergunning op het grondgebied verblijven (Uitvoeringsprotocol) |
Protocol tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Bosnië en Herzegovina ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en Bosnië en Herzegovina betreffende de overname van personen die zonder vergunning op het grondgebied verblijven (Uitvoeringsprotocol)
Artikel 1
The Parties shall exchange lists of the authorities competent to implement the Agreement ultimately 30 days after the conclusion of this Implementing Protocol. They shall inform one another immediately of any change in this list.
Artikel 2
1. The Parties shall inform one another in writing of the border crossings at which persons shall be actually transferred and admitted pursuant to the Agreement, ultimately 30 days after the conclusion of this Implementing Protocol. They shall inform one another immediately of any changes in this connection.
2. The competent authorities may agree on the use of other border crossing points for readmission or transit on a case by case basis.
Artikel 3
1. A readmission application in accordance with Article 7 paragraph (1) and (2) of the Agreement shall be submitted using the form, attached as Annex 6 to the Agreement. The competent authority of the Requesting Party shall submit the form to the competent authority of the Requested Party by e-mail or fax. An e-mail or a fax delivery report shall constitute proof of delivery.
2.
In addition to the readmission application, the Requesting Party shall also submit if available, the documents listed in Annex 1 to 5 of the Agreement and, as a principle, the fingerprints of the person to be readmitted. When fingerprints are not included, reasons will be given.
The submitted documents should be as clear and precise as possible in order to enable their verification.
3. The Requested Party shall send its response to the competent authority of the Requesting Party, using the form attached as Annex 1 to this Implementing Protocol, by e-mail or fax and within the time limits mentioned in Article 10 (2) and (3) of the Agreement. An e-mail or a fax delivery report shall constitute proof of delivery.
Artikel 4
1. After receiving notification of readmission approval from the Requested Party, the Requesting Party shall notify the Requested Party about the intended transfer, using the form attached as annex 2 to this Implementing Protocol. The Transfer Form shall be submitted by e-mail or fax to the competent authority of the Requested Party, not later than three days before the transfer date.
2. The Requested Party shall immediately inform the Requesting Party of practical obstacles that may prevent the transfer on the proposed transfer date.
3. If the transfer date is postponed by the Requesting Party, it shall immediately inform the competent authority of the Requested Party thereof. As soon as the actual transfer of the person concerned can take place, the competent authority of the Requesting Party shall inform the Requested Party, in accordance with the procedure and time limits set forth in paragraph (1) of this Article.
Artikel 5
1.
In addition to the provisions of Article 14 (1) of the Agreement, a Transit Application shall contain the following, if applicable:
a) a) Information on special needs related to the nursing care or care for elderly because of illness or age of the person in transit; b) b) Information on the needed assistance by the Requested Party; c) c) Information on possible need for security or protection measures.
2. Aforementioned information shall be indicated in the section C (“Remarks”) in the Transit Application (Annex 7 of the Agreement).
3.
Pursuant to Articles 13 and 14 of the Agreement, the Parties have agreed as follows:
a) a) A transit application shall be submitted to the competent authority of the Requested Party, as referred to in Article 1 of this Implementing Protocol, by e-mail or fax at the latest 7 days prior to the planned transit. b) b) The competent authority of the Requested Party shall send its response by e-mail or fax within 5 days after the date of receipt of a Transit Application, using the form attached as annex 3 to this Implementing protocol. In its reply to the transit application, the competent authority of the Requested Party shall indicate if it agrees with transit, date, designated border crossing point and transportation mode. It shall also state whether it can provide the requested assistance. c) c) In the event of escorted travel by air, the competent authority of the Requested Party shall secure and provide the assistance for a boarding of a person who is a subject of transit.
4.
The Requesting Party shall readmit the person who is a subject of transit, as referred to in Article 13 (4) of the Agreement, without any delay, if:
a) a) approval for transit has been denied or withdrawn as referred to in Article 13 (3) of the Agreement, or b) b) approval for transit or readmission has been denied by another transit or final destination country, or c) c) the person who is subject of transit has illegally entered into the territory of the Requested Party.
Artikel 6
Pursuant to article 19 (1), alinea b) of the Agreement, the Parties agree to the following terms related to escorted transfers or transit on their territories:
a) a) Escort(s) are person(s) assigned by the Requesting Party to accompany the person to be readmitted, or who is in transit. b) b) Escorts shall perform their duties unarmed and dressed in civilian clothes. They shall be in possession of documents proving that the readmission or transit has been approved by the Requested Party and their official identification documents. c) c) The authorities of the Requested Party shall grant the same protection and assistance to the escorts, while the latter are performing their duties within the framework of the Agreement, as they grant to their own officials who are authorized to take such action. d) d) At the territory of the Requested Party, escorts shall adhere to the laws of the Requested Party. The authority of escorts accompanying a person in transit is limited to self-defense. In case of inability of the Requested Party to provide adequate assistance or in case of supporting the assisting personnel in direct hazardous situations, escorts are authorized to react rationally and proportionally to prevent the person who is subject of readmission or transit to escape, injuring himself/herself or third parties or causing damage to property. e) e) Escorts shall be responsible for carrying the travel documents and any other documents or data related to the person who is a subject of readmission or transit, as well as for the delivery of these documents to the representative of the competent authority of the country of destination. f) f) Escorts shall be responsible for the person to be readmitted until the admission has taken place. During transit, escorts shall be responsible until the person has been admitted to the country of destination.
Artikel 7
1. Costs incurred by the Requested Party in connection with readmission and transit that are to be borne by the Requesting Party pursuant to article 15 of the Agreement shall be reimbursed by the Requesting Party via bank transfer within 60 days after the submission of an invoice.
2. All transport and escort costs related to readmission in error, in accordance with Article 12 of the Agreement, shall be borne by the Requesting Party.
3. Banking details shall be included in the invoice.
Artikel 8
1. The Parties shall co-operate to analyse and resolve the issues relating to the application of the Agreement and this Implementing Protocol.
2. For this purpose, the Parties shall arrange the establishment of an expert commission.
3. The commission shall have meetings at the request of one of the Parties.
4. Members of this expert commission shall be appointed by the competent authorities of the Parties.
Artikel 9
The Parties shall use the English language in the procedures carried out under the Agreement and the Implementing Protocol.
Artikel 10
Annexes 1, 2 and 3 shall constitute an integral part of this Implementing Protocol.
Artikel 11
This Implementing Protocol and its Annexes may be amended by mutual agreement between the Parties. Such amendments shall be initiated in a written form through diplomatic channels and shall enter into force in accordance with the procedures described in Article 15 of this Implementing Protocol.
Artikel 12
This Implementing Protocol shall be without prejudice to the rights, obligations and responsibilities of the Parties arising from other international treaties.
Artikel 13
Any disputes in connection with the interpretation and/or application of the present Implementing Protocol which haven’t been settled by the expert commission as provided by Article 8 shall be settled by means of consultation through diplomatic channels.
Artikel 14
This Implementing Protocol shall apply to the territory of Bosnia and Herzegovina, to the territory of the Kingdom of Belgium, to the territory of the Grand Duchy of Luxembourg and to the territory of the Kingdom of the Netherlands in which the Treaty on the Functioning of the European Union is applicable.
Artikel 15
1. The Parties shall notify the depositary, as well as each other, of the completion of their national legal procedures necessary for the entry into force of the Implementing Protocol.
2. This Implementing Protocol shall, in accordance with Article 19 (2) of the Agreement, enter into force 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 the notification to the Joint Readmission Committee shall be distributed by the depositary among all Parties.
3. In accordance with Article 20 of the Agreement this Implementing Protocol shall, in the relation between Bosnia and Herzegovina and the States of the Benelux, take precedence over the provisions of the Agreement between the States of the Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and Bosnia and Herzegovina concerning the readmission and reconduction of persons who have entered and/or are residing without authorisation (Readmission and Reconduction Agreement), done at Sarajevo on 19 July 2006. This Agreement shall remain in force between Curaçao, Sint Maarten and the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba) and Bosnia and Herzegovina.
4. If the Agreement becomes ineffective this Implementing Protocol shall also become ineffective.
Artikel 16
The Kingdom of Belgium is depositary of this Implementing Protocol for the Benelux countries. The depositary shall issue each Party with a true copy of the original.