rijk/verdrag/overeenkomst-tussen-de-benelux-staten-het-koninkrijk-belgië-het-groothertogdom-l/BWBV0007098

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Belize inzake de terug- en overname van personen die onregelmatig op het grondgebied verblijven (terug- en overnameovereenkomst)	BWBV0007098	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0007098	Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Belize inzake de terug- en overname van personen die onregelmatig op het grondgebied verblijven (terug- en overnameovereenkomst)

Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Belize inzake de terug- en overname van personen die onregelmatig op het grondgebied verblijven (terug- en overnameovereenkomst)

Hoofdstuk I. DEFINITIONS AND SCOPE

Artikel 1

In this Agreement, unless the context indicates otherwise, the following is understood:

1. 1. “The Benelux States”: the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2. 2. “Party”: Belize or the three Benelux States acting in concert;
3. 3. “State”: Belize or one of the Benelux States;

4. 4. “territory”:

      –
      for Belize: its own territory
      
      
      –
      for the Benelux States: the territories in Europe of the Benelux States;
      

– – for Belize: its own territory – – for the Benelux States: the territories in Europe of the Benelux States; 5. 5. “person residing without authorisation”: any person who does not fulfil or no longer fulfils the conditions in force for residence; 6. 6. “readmission”: 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, respectively of a third-State national or of a stateless person, who does not fulfil or no longer fulfils the conditions for residence on the territory of the requesting State, under the conditions provided for in this Agreement; 7. 7. „own national”: any person who holds the nationality of one of the Benelux States or of Belize; 8. 8. “third State”: any State which is neither a Benelux State nor Belize; 9. 9. “third-State national”: any person who holds a nationality other than that of one of the Benelux States or of Belize; 10. 10. “stateless person”: any person who has no nationality as defined by the Convention relating to the Status of Stateless Persons concluded in New York on 28 September 1954; 11. 11. “requesting State”: the State on whose territory a person residing without authorisation is present and which requests the readmission of this person or his transit, under the conditions provided for in this Agreement; 12. 12. “requested State”: the State which is asked to readmit a person without authorisation to its territory or to allow his transit over its territory, under the conditions provided for in this Agreement; 13. 13. “diplomatic or consular representation of the requested State”: the diplomatic or consular representation of the requested State accredited to the requesting State; 14. 14. “residence permit”: a permit of any type issued by the State entitling a person to reside on its territory. This shall not include temporary permission to remain in connection with the processing of an application for international protection or an application for a residence permit.

Hoofdstuk 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 or no longer fulfils the conditions for residence on the territory of the requesting State provided that it is proved, or may be assumed on the basis of prima facie evidence, that the person has the nationality of the requested State.

2. The readmission obligation in the first paragraph also applies in the case of a person who, after entry to the territory of the requesting State, has forfeited or renounced the nationality of the requested State, unless the person concerned has at least been promised naturalisation by the requesting State.

3.

Each State shall also readmit:

1. 1. minor unmarried children of the persons mentioned in the first paragraph, 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 or partners with whom the person is in a stable long-term relationship, holding another nationality or being stateless, of the persons mentioned in the first paragraph, provided they either have or receive the right to remain 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 7, fifth paragraph, the requested State shall immediately issue the travel documents required for the return of the persons to be readmitted.

Artikel 3

1.

Each Party shall readmit, upon application by the other Party and without further formalities other than those provided for in this Agreement, any third-State national or stateless person to its territory who does not, or no longer, fulfil the conditions for residence on the territory of the requesting State provided that it is proved, or may be assumed on the basis of prima facie evidence, that this person:

1. 1. holds a valid residence permit issued by the requested State; or
2. 2. holds a valid visa, other than a transit visa, issued by the requested State; or
3. 3. upon entry to the territory of the requesting State held a valid residence permit or visa, other than a transit visa, issued by the requested State; or
4. 4. entered the territory of the requesting State after having stayed on, or transited through, the territory of the requested State.

2. The readmission obligation mentioned in the first paragraph shall not apply if the requesting State has issued to the third-State national or stateless person, before or after that person’s entry into its territory, a visa other than a transit visa, or a residence permit with a longer period of validity than that of the visa or the residence permit which was issued by the requested State.

Hoofdstuk III. READMISSION PROCEDURE

Artikel 4

1. A readmission application on the basis of Article 2 or 3 shall be submitted in writing 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, civil status and, if available, place of birth and last place of residence on the territory of the requested State);
2. 2. copies of the means of evidence as referred to in Article 5 or 6.

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 and, if it concerns a third-State national or stateless person, is also in possession of a valid visa or a valid residence permit of the requested State.

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

Artikel 5

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 the first or second paragraph 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 establish the nationality of the person concerned. If it is deemed necessary by the requesting State, an interview with the person concerned shall be conducted in order to establish, 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 the third paragraph shall be conducted, in person or remotely (e.g. through video conferencing), 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 6

1. Proof of the conditions for the readmission of third-State nationals or stateless persons laid down in Article 3 can be furnished through the means of evidence listed in the Implementing Protocol to this Agreement. These means of evidence shall be recognised by the Parties without further formalities.

2. Prima facie evidence of the conditions for the readmission of third-State nationals or stateless persons laid down in Article 3 can be furnished through the means of evidence listed in the Implementing Protocol to this Agreement. Where such prima facie evidence is presented, the Parties shall deem the conditions to be established, unless the requested State can prove otherwise.

Artikel 7

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 residence on the territory of the requesting State.

2. The readmission application for a third-State national or a stateless person shall be submitted by the competent authority of the requesting State within a maximum of one (1) year after the requesting State has gained knowledge that this person does not or no longer fulfils the conditions for residence on the territory of the requesting State. Where there are legal or factual impediments to the application being submitted in time, the time limit shall be extended upon request, but only until the impediments have ceased to exist.

3. A readmission application shall be replied to immediately, and in any event no later than within fifteen (15) days, and every refusal shall be substantiated. This time limit begins to run from the date of receipt of the readmission application. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.

4. After the requested State has agreed 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 impediments. The requested State shall readmit the person whose readmission has been agreed to without further formalities.

5. At the request of the requesting State, the requested State shall provide immediately, and in any case no later than within three (3) working days, the travel document required for the return of the person to be readmitted, bearing the person’s name and with a period of validity of at least six (6) months. If the requested State cannot provide the requested travel document within three (3) working days after the date of receipt of the application, the requested State shall be deemed to accept the use of a travel document provided by the requesting State. 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 three (3) working days, issue a new travel document with a period of validity of the same duration.

Artikel 8

1. Before transferring a person, the competent authorities of the requesting State shall notify in writing the competent authorities of the requested State regarding the date and the modalities of the transfer, the designated border crossing point, the possible use of escorts and other relevant information concerning the transfer.

2.

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

1. 1. assistance which the transferee may require;
2. 2. 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 or sea. Transfer by air may take place by using both scheduled and government flights.

Artikel 9

1. The requesting State shall take back any person readmitted by the requested State if within a period of fifteen (15) days after the transfer, it is established that the requirements laid down in Articles 2 and 3 are not met.

2. In the cases mentioned in the first paragraph, 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.

Hoofdstuk IV. TRANSIT OPERATIONS

Artikel 10

1. The Parties shall allow the transit of third-State nationals through their territory if another Party so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.

2. The Parties shall do whatever is necessary to restrict the transit of third-State nationals to cases where such persons cannot be transferred to the State of destination directly.

3.

Transit can be refused by the Parties:

1. 1. if the third-State national runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit;
2. 2. if the third-State national shall be prosecuted under the criminal law or subject to the enforcement of criminal sanctions on the territory of the requested State.
3. 3. if the third-State national poses a risk to public health, public security, public order or other national interest of the requested State.

4. The Parties may revoke any authorisation issued if circumstances referred to in the third paragraph subsequently arise, interfering with the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In these cases, the requesting State shall take the person concerned back to its territory without delay.

Artikel 11

1.

An application for transit operations shall be submitted to the competent authorities in writing and shall contain the following information:

1. 1. type of transit (by air, land or sea), possible other States of transit and the State of destination;
2. 2. the particulars of the person concerned (surname, given names, date of birth and – if available – place of birth, nationality, type and number of travel document);
3. 3. envisaged place of transfer, time of transit and possible use of escorts;
4. 4. a declaration that in the view of the requesting State the conditions pursuant to Article 10, first and second paragraphs, are met, and that no reasons are known for a refusal pursuant to Article 10, third paragraph.

2. The competent authority of the requested State shall immediately inform the competent authority of the requesting State in writing of the admission, confirming the place of transfer and the envisaged time of admission, or inform it of the refusal of admission and the reasons thereof.

3. If the transit operation takes place by air, the necessary amenities shall be provided to the person in transit and possible escorts with a view to accessing the national or international zone of the airport of the requested State.

4. The competent authorities of the requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the person in transit and the provision of suitable amenities for that purpose.

Hoofdstuk V. COSTS

Artikel 12

Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or from third parties, all costs incurred in connection with readmission and transit operations or return of persons admitted by error pursuant to this Agreement to the border of the State of final destination, shall be borne by the requesting State.

Hoofdstuk VI. DATA PROTECTION AND NON-AFFECTION CLAUSE

Artikel 13

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 Belize and, where the data are treated and used by a competent authority of a Benelux State, to the provisions of Regulation (EU) of the European Parliament and of The Council 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 repealing Directive 95/46/EC (General Data Protection Regulation), and of the national legislation of the relevant Benelux States adopted pursuant to this Regulation. The following principles shall apply:

1. 1. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”);
2. 2. Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (“purpose limitation”);

3. 3. Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimization’); in particular, personal data communicated may concern only the following:

      1)
      the particulars of the person to be readmitted (e.g. 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 and place of issue);
      
      
      3)
      places of stay and itineraries;
      
      
      4)
      other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement, including biometric data such as a photograph (facial image) or fingerprints (dactyloscopic data);
      
      
      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;
      

1. 1. the particulars of the person to be readmitted (e.g. 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. 2. passport, identity card or driving licence (number, period of validity, date of issue, issuing authority and place of issue);
      

3. 3. places of stay and itineraries;
      

4. 4. other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement, including biometric data such as a photograph (facial image) or fingerprints (dactyloscopic data);
      

5. 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. 4. Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”);
5. 5. Personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures in order to safeguard the rights and freedoms of the data subject (“storage limitation”);
6. 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 (“integrity and confidentiality”’);
7. 7. Both the communicating and the receiving authority shall take every adequate step to ensure as appropriate the rectification, removal 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, removal or blocking to the other Party;
8. 8. Upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;
9. 9. Personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;
10. The communicating and the receiving authorities are obliged to make a written record of the communication and receipt of personal data.

Artikel 14

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

Hoofdstuk VII. IMPLEMENTATION AND APPLICATION

Artikel 15

1.

The Parties shall provide one another with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a Committee of Experts which will, in particular, have the following tasks:

1. 1. to monitor the application of this Agreement;
2. 2. to make proposals to resolve issues relating to the application of this Agreement;
3. 3. to propose amendments and supplements to this Agreement;
4. 4. to elaborate and recommend appropriate measures to combat irregular migration.

2. The Parties reserve the right to approve or to reject the measures proposed by the Committee of Experts.

3. The Committee of Experts shall be composed of one representative for the Kingdom of Belgium, one representative for the Grand Duchy of Luxembourg, one representative for the Kingdom of the Netherlands and three representatives for Belize. The Parties shall designate therein the chairperson and the deputy chairperson. For each member a deputy shall be appointed. If necessary, other experts may be involved in the Committee´s activities.

4. The Committee shall meet at the request of one of the Parties.

Artikel 16

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 the 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 or to travel in transit are escorted.

The Implementation Protocol forms an integral part of this Agreement.

Hoofdstuk VIII. FINAL PROVISIONS

Artikel 17

The Kingdom of the Netherlands may extend the application of this Agreement to Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) by notifying the Depositary to that effect. The Depositary shall inform the Parties of this extension.

Artikel 18

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 19

1. This Agreement shall enter into force on the first day of the second month following the date on which the Depositary has received the notification of at least two Signatory States, one of which is Belize, to the effect that the internal procedures required for entry into force have been completed.

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 of the notification to the effect that the internal procedures required for entry into force have been completed.

3. The Depositary shall inform all the Signatory States of the notifications referred to in the first and second paragraphs and of the dates of the entry into force of this Agreement for the different Signatory States.

Artikel 20

1. This Agreement is concluded for an indefinite period.

2. Each Party may suspend this Agreement for serious reasons, in particular relating to the protection of state security, public order, or public health, by sending a written notification to the Depositary, which shall inform all Signatory States thereof. The same procedure shall be adopted when the suspension is lifted.

3. 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 the second paragraph is received by the Depositary.

4. Each Party may, for serious reasons, denounce this Agreement and its Implementing Protocol, by sending a written communication to the Depositary, which shall inform all Signatory States thereof.

5. The Agreement shall cease to have effect on the first day of the sixth month following the month in which the notification referred to in the fourth paragraph is received by the Depositary.