rijk/verdrag/protocol-tussen-de-regeringen-van-de-benelux-staten-het-koninkrijk-belgië-het-gr/BWBV0006121/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Protocol tussen de Regeringen van de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Regering van de Republiek Servië ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en de Republiek Servië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven	BWBV0006121	verdrag	geldend	2019-02-01	https://wetten.overheid.nl/BWBV0006121	Protocol tussen de Regeringen van de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Regering van de Republiek Servië ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en de Republiek Servië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven

Protocol tussen de Regeringen van de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Regering van de Republiek Servië ter uitvoering van de Overeenkomst tussen de Europese Gemeenschap en de Republiek Servië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven

Artikel 1

1. The competent authorities for the implementation of the Agreement are listed in Annex 1 to this Protocol.

2. The competent authorities shall communicate by e-mail, fax or other technical means.

3. The Parties shall notify each other immediately directly and through diplomatic channels of any changes in the list of competent authorities mentioned in Annex 1 to this Protocol.

Artikel 2

1. The border crossing points to be used for the application of the Agreement are listed in Annex 2 to this Protocol.

2. The competent authorities may agree on the use of other border crossing points for readmission on a case by case basis.

3. The Parties shall notify each other immediately directly and through diplomatic channels of any changes in the list of border crossing points mentioned in Annex 2 to this Protocol.

Artikel 3

1. The readmission application mentioned in Article 7 of the Agreement contains the data enumerated in Annex 6 to the Agreement.

2. In accordance with Article 2, paragraph 1, Article 4, paragraph 1, and Article 8, paragraph 1, of the Agreement, the identity and the nationality of a person to be readmitted can be proven by the documents mentioned in Annex 1 to the Agreement.

3. In accordance with Article 2, paragraph 1, Article 4, paragraph 1, and Article 8, paragraph 2, of the Agreement, the identity and nationality of a person to be readmitted can be validly assumed by the documents mentioned in Annex 2 to the Agreement.

4. In case the person to be readmitted is in possession of a valid travel document, a readmission application for acceptance is not needed, pursuant to Article 6, paragraph 2, of the Agreement.

5. In all other cases a readmission application is needed. The readmission application shall enclose copies of the documents mentioned in Annex 1 or 2 to the Agreement, even if their validity has expired.

6. The response to the readmission application contains the data enumerated in Annex 3 to this Protocol.

7. The response to the readmission application shall be presented to the competent authorities of the Requesting Party. A positive response shall simultaneously be presented to the diplomatic consular representation of the Requested Party, after which the travel document shall be issued. There is no need for a signed application by the person to be readmitted. In case of a negative response the competent authorities of the Requested Party shall also indicate the reasons why the readmission application is refused.

8. In case the validity of an issued travel document for readmitting a person has expired due to the reasons quoted in Article 10, paragraph 5, of the Agreement a new travel document shall be issued in accordance with Article 2, paragraph 4, and Article 4, paragraph 4, of the Agreement.

9. If the validity of the renewed document mentioned in Article 3, paragraph 8, of this Protocol expires, the requesting Party can resubmit the readmission application by electronic means, stating only name and date of birth. The requested Party shall reply within one working day. In case of a positive response a new travel document shall be issued without delay.

10. After receiving the positive response on the readmission application, the competent authorities of the Requesting Party shall present the notification of transfer to the competent authorities of the Requested Party, in accordance with Annex 4 to this Protocol and as stated in Article 11, paragraph 1, of the Agreement.

Artikel 4

1. If the Requesting Party is unable to present any of the documents listed in Annexes 1, 2 and 5 to the Agreement, in accordance with Article 8, paragraph 3, and Article 9, paragraph 6, of the Agreement an interview can be conducted to establish the nationality of the person to be readmitted.

2. An interview request can be indicated by the Requesting Party at the readmission application under F, attached as Annex 6 to the Agreement. The interview shall be conducted by the competent diplomatic mission or consular representation of the Requested Party without delay but no later than within three working days after the receipt of the readmission application.

3. The Requested Party shall respond on the outcome of the interview without delay but no later than three working days following the interview.

Artikel 5

If an accelerated procedure is indicated, it shall be conducted in accordance with Article 6, paragraph 3, and Article 10, paragraph 2, of the Agreement.

Artikel 6

1. The readmission application for third-country nationals or stateless persons contains the data enumerated in Annex 6 to the Agreement.

2. If available, the data and the copies of documents relating to the identity and nationality of the person to be readmitted shall be enclosed with the readmission application.

3. In accordance with Article 3, paragraphs 1 and 3, Article 5, paragraphs 1 and 3, and Article 9, paragraphs 1 and 4, of the Agreement, data and documents that can prove the obligations for readmission and acceptance to the territory of the Requested Party are mentioned in Annex 3 to the Agreement.

4. In accordance with Article 3, paragraphs 1 and 3, Article 5, paragraphs 1 and 3, and Article 9, paragraphs 2 and 5, of the Agreement, data and documents on the basis of which the obligations for readmission and acceptance of third-country nationals or stateless persons to the territory of the Requested Party can be validly assumed are mentioned in the Annexes 4 and 5 to the Agreement.

5. The response to the readmission application contains the data enumerated in Annex 3 to this Protocol.

6. After receiving a positive response to the readmission application, the competent authorities of the Requesting Party shall issue a travel document in accordance with Article 3, paragraph 4, and Article 5, paragraph 4, of the Agreement and shall present the notification of transfer to the competent authorities of the Requested Party, in accordance with Annex 4 to this Protocol and as stated in Article 11, paragraph 1, of the Agreement.

Artikel 7

1. The transit application for third-country nationals or stateless persons contains the data enumerated in Annex 7 to the Agreement and a declaration of the Requesting Party which guarantees the readmission to the final destination.

2. The application should be sent to the Requested Party, preferably no later than seven calendar days prior to the transit. The Requested Party shall respond without delay but within five calendar days.

3. The response to the transit application contains the data enumerated in Annex 5 to this Protocol.

4. The transit of third-country nationals or stateless persons shall be effectuated through the border crossing points mentioned in Annex 2 of this Protocol.

5. In case of change of date or other modalities regarding transit, previously informed to and authorized by the Requested Party, the competent authorities of the Requesting Party should duly inform the Requested Party. If acceptable, the Requested Party shall authorize the transit accordingly.

Artikel 8

1. An escort is a person assigned by the Requesting Party to accompany the person to be readmitted, or who is in transit.

2. At the territory of the Requested Party, escorts guarding and assisting the readmittance or transit of the person concerned shall operate under the authority of the Requested Party.

3. If the Requesting Party deems it necessary to have the support of the authorities of the Requested Party for a particular transit, that request shall be indicated in the transit application under C, attached as Annex 7 to the Agreement.

4. In its response to the transit application the Requested Party shall also state whether it can provide the requested support.

Artikel 9

1. The authority of escorts is limited to self-defence. In addition, in the absence of any officials of the Requested Party who are authorised to take the necessary action or in order to support such officials, the 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.

2. Escorts shall perform their task unarmed and in civilian clothes. They must be in possession of an escort authorisation, permission for readmission or transit and an identity document.

3. 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 authorised to take such action.

Artikel 10

1. The allocation of all costs resulting from the process of readmission, acceptance and transit, is stipulated in Article 15 of the Agreement.

2. The Requesting Party shall reimburse to the Requested Party all the costs by bank transfer within sixty days following the date of delivery of the invoice in euros.

Artikel 11

1. The Parties shall co-operate on the analysis of the issues relating to the application of the Agreement and this Protocol.

2. For this purpose a meeting of experts of the competent authorities may convene upon request of one of the Parties.

Artikel 12

The Parties shall communicate with one another in the English language.

Artikel 13

Annexes 1 to 5 shall constitute an integral part of this Protocol.

Artikel 14

1. This Protocol and its Annexes may be amended by mutual agreement between the Parties.

2. Any amendments to the Protocol shall enter into force in accordance with the procedure laid down in Article 17, paragraphs 1 and 2.

3. Any amendments to the Annexes shall enter into force on a date to be determined by the Parties.

Artikel 15

This Protocol shall apply to the territory of the Republic of Serbia, 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 16

The Kingdom of Belgium is depositary of this Protocol. The depositary shall issue each Party with a true copy of the original.

Artikel 17

1. The Parties shall inform each other, as well as the depositary, of the completion of their national legal procedures necessary for the entry into force of the Protocol.

2. This Protocol shall, in accordance with Article 19, paragraph 2, of the Agreement, 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. In accordance with Article 20 of the Agreement this Protocol shall, in relation between the Republic of Serbia and the States of the Benelux, take precedence over the provisions of the Agreement between the Government of the Kingdom of the Netherlands, the Government of the Kingdom of Belgium and the Government of the Grant Duchy of Luxembourg and the Federal Government of the Federal Republic of Yugoslavia on readmission and acceptance of persons that do not or no longer fulfil the conditions for entering or staying on the territory of the other Contracting State, done at Belgrade on 19 July 2002. The Agreement of 2002 shall remain in force between Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) on the one hand and the Republic of Serbia on the other hand.

4. This Protocol shall cease to apply simultaneously with the termination of the Agreement.