rijk/verdrag/overeenkomst-tussen-de-benelux-staten-het-koninkrijk-belgië-het-groothertogdom-l/BWBV0007036

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en Mongolië betreffende de terug- en overname van onregelmatig verblijvende personen (met Uitvoeringsprotocol met Bijlagen)	BWBV0007036	verdrag	geldend	2025-02-01	https://wetten.overheid.nl/BWBV0007036	Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en Mongolië betreffende de terug- en overname van onregelmatig verblijvende personen (met Uitvoeringsprotocol met Bijlagen)

Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en Mongolië betreffende de terug- en overname van onregelmatig verblijvende personen (met Uitvoeringsprotocol met Bijlagen)

Titel I. DEFINITIONS AND SCOPE

Artikel 1

For the purpose of this Agreement:

1. 1. “Territory” shall mean:

      –
      for Mongolia: the territory of Mongolia;
      
      
      –
      for the Benelux States: the combined territory in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
      

– – for Mongolia: the territory of Mongolia; – – for the Benelux States: the combined territory in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands; 2. 2. “Readmission” shall mean the removal by the competent authority of the Requesting State and admission by the competent authority of the Requested State of an own national of the Requested State, who does not fulfil, or no longer fulfils, the conditions for entry into or residence on the territory of the Requesting State, under the conditions provided for in this Agreement; 3. 3. “Own national” shall mean any person who holds the nationality of Mongolia or one of the Benelux States; 4. 4. “Requesting State” shall mean the State on whose territory a person who has entered and/or is residing without authorisation is present and which requests the readmission of this person, under the conditions provided for in this Agreement; 5. 5. “Requested State” shall mean the State which is asked to readmit a person who has entered and/or is residing without authorisation on its territory, under the conditions provided for in this Agreement; 6. 6. “Diplomatic or consular representation of the Requested State” shall mean the diplomatic or consular representation of the Requested State accredited to the Requesting State; 7. 7. “Residence permit” shall mean a permit of any type issued by one of the Parties entitling a person to reside on its territory. This shall not include temporary permission to remain in connection with the processing of an asylum application or an application for a residence permit.

Titel II. READMISSION OBLIGATIONS

Artikel 2

1. Each Party shall readmit, upon application by the other Party and without further formalities other than those provided for in this Agreement, any person to its territory who does not fulfil, or no longer fulfils, the conditions for entry into or residence on the territory of the Requesting State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that the person has the nationality of the Requested State.

2. The readmission obligation in paragraph 1 also applies in the case of a person who, after entering the territory of the Requesting State, has been deprived of or renounced the nationality of the Requested State in accordance with its national legislation, unless the person concerned has at least been promised naturalisation by the Requesting State.

3.

Each Party shall also readmit:

1. 1. minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or nationality, unless they have an independent right of residence on the territory of the Requesting State;
2. 2. spouses holding another nationality than that of the persons mentioned in paragraph 1, provided they either have the right to enter and stay or receive the right to enter and stay in the territory of the Requested State, unless they have an independent right of residence on the territory of the Requesting State.

4. Upon application by the Requesting State, and in accordance with the provisions of Article 5(4), the Requested State shall immediately issue the travel documents required for the return of the persons to be readmitted.

Titel III. READMISSION PROCEDURE

Artikel 3

1. A readmission application on the basis of Article 2 shall be submitted in writing by official e-mail or other means of electronic communication to the competent authority of the Requested State.

2.

Each readmission application shall contain the following information:

1. 1. the particulars of the person concerned (surname, given names, any previous names, nicknames and pseudonyms, aliases, sex, date of birth and, if possible, place of birth and last place of residence on the territory of the Requested State) and, where applicable, the particulars of minor unmarried children and/or spouses;
2. 2. copies of the means of evidence as referred to in Article 4;
3. 3. fingerprints.

3. No readmission application is required in cases where the person to be readmitted is in possession of a valid travel document or identity card.

4. If the person to be readmitted is in the international zone of an airport of one of the Parties, the competent airport authorities may agree on a simplified procedure.

Artikel 4

1. Proof of nationality pursuant to Article 2 can be furnished through the documents listed in the Implementing Protocol to this Agreement. If such documents are presented, the Parties shall recognise the nationality without further formalities.

2. Prima facie evidence of nationality pursuant to Article 2 can be furnished through the documents or elements listed in the Implementing Protocol to this Agreement. If such documents or elements are presented, the Parties shall deem the nationality to be established, unless the Requested State can prove otherwise.

3. If none of the documents or elements mentioned in paragraph 1 or 2 can be presented, but the Requesting State believes that a presumption exists with regard to the nationality of the person to be readmitted, the competent authorities of the Requested State shall take the necessary measures to verify the nationality of the person concerned. If it is deemed necessary by the Requesting party, an interview with the person concerned shall be conducted in order to verify inter alia on the basis of the language in which the person communicates, whether the person is one of its own nationals.

4. The interview mentioned in paragraph 3 shall be performed by the diplomatic or consular representation of the Requested State, or a delegation of the Requested State invited by the Requesting State, or by any other expert appointed by mutual agreement.

Artikel 5

1. The readmission application for a State´s own national can be submitted at any time by the competent authority of the Requesting State, if it has been established that the person concerned does not fulfil, or no longer fulfils, the conditions for entry into or residence on the territory of the Requesting State.

2. A readmission application shall be replied to immediately, and in any event no later than within thirty (30) calendar days, and every refusal shall be substantiated. This time limit begins to run from the date of receipt of the readmission application. Upon duly motivated request of the Requested State the time limit can be extended up to fifteen (15) calendar days. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.

3. After agreement to the readmission, or after expiry of the time limit, the Requesting State shall transfer the person whose readmission has been agreed to immediately, and in any case no later than within six (6) months. Upon request, this time limit may be extended by the time taken to deal with legal or practical obstacles. The Requested State shall readmit the person whose readmission has been agreed to without further formalities.

4. After approval of the readmission application, at the request of the Requesting State, the Requested State shall provide immediately, and in any case no later than within five (5) working days, the travel document required for the return of the person to be readmitted, bearing his name and with a period of validity of at least six (6) months. 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 Requested State shall, within five (5) working days, issue a new travel document with a period of validity of the same duration.

Artikel 6

1. Before transferring a person, the competent authorities of the Requesting State shall notify in writing by official e-mail or other means of electronic communication the competent authorities of the Requested State regarding the date and the modalities of the transfer as well as the possible use of escorts.

2.

The notification concerning the transfer shall, where applicable, also contain the following information:

1. 1. data concerning the health of the person, provided that the person concerned has explicitly agreed to this;
2. 2. assistance which the transferee may require;
3. 3. all other protection or security measures which may be necessary for this transfer.

3. Transfers generally take place by air, but may also be carried out by land. Transfer by air may take place by using both scheduled and charter flights.

Artikel 7

1. The Requesting State shall take back any person readmitted by the Requested State if within a period of thirty (30) calendar days after the transfer, it is established that the requirements laid down in Articles 2 are not met.

2. In the cases mentioned in paragraph 1, the procedural provisions of this Readmission Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.

Titel IV. COSTS

Artikel 8

1. Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted, all costs shall be borne by the Requesting State.

2. Costs incurred in connection with the issuance of a travel document shall be borne by the State issuing the travel document.

Titel V. DATA PROTECTION AND NON-AFFECTION CLAUSE

Artikel 9

The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement. The processing and treatment of personal data by the competent authorities of the Parties in a particular case shall be subject to the domestic laws of Mongolia and, where the processing and treatment is done by a competent authority of a State of the Benelux, to the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and of the relevant national legislation adopted pursuant to this Regulation. Additionally, the following principles shall apply:

1. 1. Personal data shall be processed fairly, lawfully and in a transparent manner in relation to the data subject;
2. 2. Personal data shall be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

3. 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

      1.
      the particulars of the person to be readmitted (surnames, given names, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and previous nationality);
      
      
      2.
      passport, identity card or driving licence (number, period of validity, date of issue, issuing authority, place of issue)
      
      
      3.
      stop-overs and itineraries;
      
      
      4.
      other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement including photographs and fingerprints;
      
      
      5.
      special circumstances relating to the transferee, including information on the assistance which the transferee may require and on other protection or security measures which may be necessary for the transfer;
      

4. 1. the particulars of the person to be readmitted (surnames, given names, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and previous nationality);
      

5. 2. passport, identity card or driving licence (number, period of validity, date of issue, issuing authority, place of issue)
      

6. 3. stop-overs and itineraries;
      

7. 4. other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement including photographs and fingerprints;
      

8. 5. special circumstances relating to the transferee, including information on the assistance which the transferee may require and on other protection or security measures which may be necessary for the transfer;
      

9. 4. Personal data shall be accurate and, where necessary, kept up-to-date;
10. 5. Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;
11. 6. Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures;
12. 7. Both the communicating and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because those data are not adequate, relevant, accurate or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;
13. 8. Upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;
14. 9. Personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;
15. The communicating and the receiving authorities are obliged to make a written record of the communication and receipt of personal data.

Artikel 10

This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Parties arising from international law.

Titel VI. IMPLEMENTATION AND APPLICATION

Artikel 11

Any dispute arising from the interpretation, application or implementation of this Agreement shall be settled through diplomatic channels.

Artikel 12

All necessary practical provisions for the implementation of this Agreement shall be laid down in the Implementing Protocol. The Implementing Protocol shall regulate inter alia:

1. 1. the designation of the competent authorities of the Parties;
2. 2. the designation of border crossing points;
3. 3. the establishment of the means of evidence;
4. 4. the conditions under which and the manner in which persons to be readmitted are escorted.

Artikel 13

With regard to the Kingdom of the Netherlands, application of this Agreement can be extended to Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba) through a notification to the General Secretariat of the Benelux Union depositary of this Agreement, which shall inform the Parties thereof.

Titel VII. FINAL PROVISIONS

Artikel 14

The General Secretariat of the Benelux Union shall act as the Depositary to this Agreement and its Implementing Protocol. The Depositary shall provide each Signatory State with a certified copy of the original of this Agreement and its Implementing Protocol.

Artikel 15

1. This Agreement shall enter into force on the first day of the second month following the date of receipt by the depositary through diplomatic channels of the notifications of two Signatory States, one of which is Mongolia, to the effect that the internal formalities required for entry into force have been observed.

2. With regard to any other Signatory State, this Agreement shall enter into force on the first day of the second month following the date of receipt by the depositary through diplomatic channels of the notification to the effect that the internal formalities required for entry into force have been observed.

3. The depositary shall inform each of the Signatory States through diplomatic channels of the notifications referred to in paragraphs 1 and 2 and of the dates of the entry into force of this Agreement vis-à-vis the Parties.

Artikel 16

1. This Agreement is concluded for an indefinite period.

2. This Agreement may be amended and supplemented by mutual consent of the Parties. Amendments and supplements, which shall form an integral part of this Agreement, shall be drawn up in the form of separate protocols, and enter into force in accordance with the procedure laid down in Article 15 of this Agreement.

3. Each Party may suspend this Agreement, after notification through diplomatic channels to the depositary, which shall inform the other Party thereof, for serious reasons, in particular relating to the protection of state security, public order, or public health. The same procedure shall be followed when the suspension is lifted.

4. The suspension of this Agreement shall take effect on the first day of the first month following the month in which the notification referred to in paragraph 3 is received by the depositary.

5. Each Party may, for serious reasons, terminate this Agreement, after communication through diplomatic channels to the depositary, which shall inform the other Party thereof.

6. The agreement shall cease to apply on the first day of the sixth month following the month in which the notification referred to in paragraph 5 is received by the depositary.