rijk/verdrag/uitvoeringsprotocol-tussen-de-regeringen-van-de-benelux-staten-het-koninkrijk-be/BWBV0006120/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Uitvoeringsprotocol tussen de Regeringen van de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en de Regering van de Republiek Moldavië bij de Overeenkomst tussen de Europese Gemeenschap en de Republiek Moldavië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven	BWBV0006120	verdrag	geldend	2021-08-01	https://wetten.overheid.nl/BWBV0006120	Uitvoeringsprotocol tussen de Regeringen van de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en de Regering van de Republiek Moldavië bij de Overeenkomst tussen de Europese Gemeenschap en de Republiek Moldavië betreffende de overname van personen die zonder vergunning op het grondgebied verblijven

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

Artikel 1

For the application of the Protocol, the following terms shall be understood to have the following meanings:

1. 1. diplomatic mission – the diplomatic or the consular mission of the Requested Party which is accredited to the Requesting Party;
2. 2. escort(s) – the person(s) assigned by the Requesting Party to accompany the person to be readmitted, or who is in transit.

Artikel 2

1. The Competent Authorities for the implementation of the Agreement are listed in Annex 1 to this Protocol.

2. The Parties shall notify each other immediately of any changes in this list.

Artikel 3

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

2.

The Parties shall notify each other immediately of any changes in this list.

The Competent Authorities may agree on the use of border crossing points, other than those mentioned in Annex 2 to this Protocol, on a case by case basis.

3. The Competent Authorities may agree on the use of border crossing points, other than those mentioned in Annex 2 to this Protocol, on a case by case basis.

Artikel 4

1. A readmission application shall be submitted by e-mail, fax or other technical means, containing the information as set forth in Article 7, paragraphs 1 and 2, of the Agreement, to the competent authority of the Requested Party.

2. A readmission application shall be made using the form attached as Annex 5 to the Agreement.

3. The Requesting Party can indicate an interview request in the readmission application. According to Article 8, paragraph 3, of the Agreement, the interview shall be conducted by the diplomatic mission of the Requested Party without delay but within three working days. The Requested Party shall inform immediately, but not later than within three working days, the Requesting Party on the results of the interview.

4. If the conditions set forth in Article 6, paragraph 2, of the Agreement have been met, a written communication using the form attached as Annex 3 to the Protocol shall suffice.

5. The response to a readmission application shall be sent by e-mail, fax or other technical means, to the competent authority of the Requesting Party, using the form attached as Annex 4 to the Protocol. A copy of a positive response shall also be sent to the diplomatic mission of the Requested Party in order to issue a travel document.

6. In accordance with Article 10, paragraph 4, of the Agreement, reasons for the refusal of a readmission request shall be given.

Artikel 5

1. In the event of a positive response to the readmission application for own nationals, the travel document necessary for the return journey in accordance with Article 2, paragraph 4, and Article 4, paragraph 4, of the Agreement shall, without delay but not later than within three working days, be issued by the diplomatic mission to the competent authorities of the Requesting Party.

2. The travel document shall have a validity of at least three months.

3. In the event of a positive response to the readmission application for third-country nationals or stateless persons, the travel documents necessary for the return journey in accordance with Article 3, paragraph 3, and Article 5, paragraph 4, of the Agreement shall be issued by the competent authorities of the Requesting Party.

4. Further details regarding the issuance of travel documents are set out in Article 2, paragraph 4, and Article 4, paragraph 4, of the Agreement.

Artikel 6

1. The competent authority of the Requesting Party shall inform the competent authority of the Requested Party of the intended transfer, via e-mail, fax or other technical means, at least three working days before the transfer date, using the form attached as Annex 3 to this Protocol.

2. If the transfer of the person to be readmitted can not be realised within the three-month time limit referred to in Article 10, paragraph 5, of the Agreement, the competent authority of the Requesting Party shall immediately apply for extension of that period to the competent authority of the Requested Party.

3. If the transfer can not be realised via air due to justified medical reasons, transfer can take place by road or sea. The competent authorities of the Requesting Party shall specify this fact in the readmission application.

Artikel 7

1. A transit application shall be submitted at least six working days before the planned transit by e-mail, fax or other technical means to the competent authority of the Requested Party. This application shall be made using the form attached as Annex 6 to the Agreement.

2. The competent authority of the Requested Party shall respond without delay, but not later than within four working days, by e-mail, fax or other technical means. This reply shall be made using the form attached as Annex 5 to the Protocol.

3. In principle, transit shall take place by air.

Artikel 8

1. 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 form attached as Annex 6 to the Agreement.

2. In its response to the transit application, using the form attached as Annex 5 to this Protocol, the Requested Party shall also state whether it can provide the requested support.

3. On the territory of the Requested Party, escorts guarding and assisting the transit of the person concerned shall operate under the authority of the Requested Party.

Artikel 9

1. The competence of escorts accompanying a person is limited to self-defence. In addition, in the absence of any officials of the Requested Party who are authorized 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. On the territory of the Requested Party, escorts shall adhere to the legislation of that Party in all circumstances.

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

4. The authorities of the Requested Party shall grant the same protection and assistance to the escorts as they grant to their own officials who are authorised to take such action.

Artikel 10

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 compensated by the Requesting Party upon submission of an invoice.

Artikel 11

1. The Parties shall co-operate on the issues related to the implementation of the Agreement and the Protocol.

2. Upon request of one of the Parties, an expert meeting, consisting of representatives of the competent authorities of the Parties, shall be organized.

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 the 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 16 of this Protocol.

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 Moldova, 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

1. The Parties shall notify each other on the completion of their national legal procedures for the entry into force of this Protocol.

2. After the mutual notification as referred to in paragraph 1 of this Article, the Government of the Kingdom of Belgium shall, in accordance with Article 19, paragraph 2, of the Agreement, notify the Joint Readmission Committee by submitting a copy of this Protocol. A copy of this notification shall be distributed by the Government of the Kingdom of Belgium among all Parties.

3. This Protocol shall enter into force on the first day of the second month after the date of the notification referred to in paragraph 2 of this Article.

4. This Protocol is concluded for an indefinite period of time. The Protocol shall cease to apply at the same time as the Agreement.

Artikel 17

The Government of the Kingdom of Belgium is the depositary of this Protocol for the States of the Benelux. The depositary shall issue each State of the Benelux with a true copy of the original.