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14 SEPTEMBER 2016. - An Act to approve the Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Kazakhstan concerning the readmission of persons in an irregular situation, and its Protocol of application, made in Brussels on 2 March 2015 (1)(2)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Kazakhstan relating to the readmission of persons in an irregular situation, and its Protocol of Implementation, made in Brussels on 2 March 2015, will emerge their full and full effect
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 September 2016.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS.
Minister of Security and Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
T. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1902
Full report : 07/07/2016
(2) Effective date: 06/01/2017.

AGREEMENT TO BENELUX (BELGIC ROYAUME, LUXEMBOURG GRAND-DUCHE AND THE BAS COUNTRIES ROYAUME) AND THE KAZAKHSTAN REPUBLIC RELATING TO THE RADMISSION OF PERSONS
The Kingdom of Belgium,
The Grand Duchy of Luxembourg
and
The Kingdom of the Netherlands,
acting in concert under the provisions of the Convention of 11 April 1960 (the Benelux States)
eT
The Republic of Kazakhstan,
Named below "Parties",
Desiring to reaffirm their common concern to effectively combat any illegal immigration of their respective nationals, as well as nationals of a third State,
Desiring to promote cooperation between the Parties and, on the basis of reciprocity, to facilitate the readmission of persons in an irregular situation in the territory of another Party and the transit of persons to be removed, in accordance with international law,
Desirous of creating an obligation between the Parties to renew the nationals of a third State under the conditions laid down in this Agreement,
Wishing that these readmissions must be done quickly and safely, according to procedures guaranteeing human dignity,
Recognizing the need to respect human rights and freedoms and recognizing that this Agreement does not affect the rights and obligations of the Parties under the Universal Declaration of Human Rights (DUDH) of 10 December 1948 and international law, in particular the Convention of 28 July 1951 relating to the Status of Refugees, as amended by the Protocol of 31 January 1967 relating to the Status of Refugees, the Convention of 28 September 1954 relating to the Status of Stateless Persons,
Considering that cooperation in the area of readmission and the simplification of national border crossings among Parties is of common interest,
The following agreed:
ARTICLE 1^er
Definitions and scope of application
Under this Agreement:
1. "Territory":
- the Republic of Kazakhstan: the territory of the Republic of Kazakhstan;
- the Benelux States: all the territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2. "Readmission": the removal by the competent authority of the requesting Party and the admission by the competent authority of the requested Party of a national of the requested Party, a national of a third State or a stateless person who entered, resided or resided illegally in the territory of the requesting Party;
3. "Residential": any person with the nationality of the Republic of Kazakhstan or one of the Benelux States;
4. "Resident of a third State": any person who does not have the nationality of the Republic of Kazakhstan or one of the Benelux States;
5. "Apatride": any person whom no State considers to be its national under its legislation;
6. "Applicant Party": the Party in the territory of which an irregular person has entered or is present and who requests the readmission or transit of that person under the conditions laid down in this Agreement;
7. "Required party": the Party to which it is requested to return an irregular person to its territory or to authorize transit in its territory under the conditions provided for in this Agreement;
8. "Titre de séjour" : an official authorization issued by one of the Parties, of any kind, which allows a person to stay in the territory of the Republic of Kazakhstan or in that of one of the Benelux States. This definition does not include the provisional authorization to stay on the territory of the Republic of Kazakhstan or on the territory of one of the Benelux States granted for the processing of an asylum application or a request for a residence permit;
9. "Transit": the passage of a national of a third State or stateless person by the territory of the requested Party during its transfer between the territory of the requesting Party and the country of destination.
ARTICLE 2
Readmission of nationals
1. The requested Party undertakes to re-enter on its territory, at the request of the requesting Party and under this Agreement, any person who does not meet or no longer fulfil the conditions of entry of residence or residence in the territory of the requesting Party, where it may be proved or established, under the provisions of Article 5 of this Agreement, that it has the nationality of the requested Party.
2. The previous provision also applies to any person who, after entering the territory of the requesting Party, has been deprived of or renounced from the nationality of the requested Party without acquiring the nationality of the requesting Party.
3. The requested Party also undertakes to reiterate:
(1) Unmarried minor children of persons referred to in paragraph 1^erregardless of their place of birth or nationality, except where they have a right of self-sustainment in the territory of the requesting Party;
(2) spouses of persons referred to in paragraph 1^er having another nationality, provided that they have or obtain the right to enter and reside in the territory of the requested Party, except where they have a right of self-sustainment in the territory of the requesting Party.
4. At the request of the requesting Party and in accordance with the provisions of Article 7, paragraph 5 of this Agreement, the requested Party shall issue without delay the travel documents necessary to reappoint persons.
ARTICLE 3
Readmission of third and stateless nationals
1. The requested Party undertakes to re-enter on its territory, at the request of the requesting Party and within the framework of this Agreement, any national of a third State or any stateless person who does not meet or fulfil the conditions of entry or residence in the territory of the requesting Party, where it may be proved or demonstrated plausibly on the basis of a beginning of evidence that person:
(1) is in possession of a valid residence permit issued by the requested Party, or
(2) is in possession of a valid visa other than a transit visa issued by the requested Party, or
(3) was in possession of a valid residence permit or a valid visa other than a transit visa issued by the requested Party upon entry into the territory of the requesting Party, or
(4) entered the territory of the requesting Party after transiting or staying in the territory of the requested Party.
2. Readmission obligation referred to in paragraph 1^er is not applicable where:
(1) the requesting Party has granted a visa other than a transit visa or a residence permit whose validity is greater than that of the visa or residence permit issued by the requested Party, to a national of a third State or a stateless person before or after his entry into the territory of that State, or
(2) a visa or residence permit issued by the requested Party has been obtained through falsified or false documents.
ARTICLE 4
Application for readmission
1. Any request for readmission under Articles 2 or 3 of this Agreement shall be submitted in writing to the competent authority of the requested Party.
2. Any application for readmission must include the following information:
(1) the personal data of the data subject (name, name, if any, prior names, nicknames and pseudonyms, aliases, sex, date and if possible place of birth and last place of residence in the territory of the requested Party);
(2) copies of the evidence referred to in Articles 5 and 6 of this Agreement.
3. The application for readmission should also include the following information:
(1) evidence that the person to be transferred requires special (medical or other) treatment or must be carried by ambulance;
(2) notification of any other protective or security measures that may be required for such transfer.
4. It is not necessary to apply for readmission when the person to be remitted has a valid national passport and, if it is a third country national or a stateless person, if he or she also has a residence permit issued by the Party to be remitted.
5. If the person to be remitted is in the international area of an airport of one of the Parties, the competent authorities may agree on a simplified procedure.
ARTICLE 5
Evidence of nationality with regard to nationals
1. Evidence of nationality pursuant to Article 2 of this Agreement may be provided by the following documents:
1) a valid passport or travel document holding a passport with photo (leave-passer);
(2) a valid national identity card;
(3) a valid military identity card or any other identity card of the personnel of the armed forces with a photo of the holder;
4) an identity card for sailors that is valid;
(5) other official documents establishing the nationality of the person concerned, issued by the requested Party and equipped with a photo;
(6) a document, as described above, whose validity period is expired on the date on which the application for readmission is sent.
Where such documents are produced, Parties shall recognize the nationality of the person without further formalities.
2. The beginning of proof of nationality pursuant to Article 2 of the Agreement may be made by means of the documents or elements listed below:
1) a copy of one of the documents listed in paragraph 1^er;
(2) other documents or data, including biometric data, which may contribute to the determination of the nationality of the person concerned (booklet, driver's license or other);
(3) a document certifying consular registration, certificate of nationality or certificate of civil status;
(4) a business access card where the person works or has worked;
(5) duplicates or copies of documents referred to in items 2 to 4 of this paragraph;
6) a statement by a witness in good faith;
(7) the statement of the data subject.
Where such documents or elements are produced, the Parties shall hold nationality for granted unless the requested Party can prove otherwise.
3. If none of the documents or elements referred to in paragraph 1^er or 2 may not be produced, but if, in the opinion of the requesting Party, there is a presumption on the nationality of the person to be remitted, the competent authorities of the requested Party shall take the necessary measures to determine the nationality of the person concerned. To this end, the diplomatic or consular representation of the Party accredited to the requesting Party shall conduct an examination of the person concerned in order to determine, in particular on the basis of the language in which the person expresses himself, whether it is a national of his own.
ARTICLE 6
Evidence of third-country nationals and stateless persons
1. The evidence that it is satisfied with the conditions set out in Article 3 of the Agreement for the Readmission of Nationals of a Third State or Stateless Persons may be provided by the evidence listed below:
(1) valid visas or residence permits issued by the requested Party;
(2) visas or residence permits issued by the requested Party whose validity has expired for less than two years;
(3) entry or exit cachets or similar annotations in the travel document of the person concerned to prove his or her entry or stay in the territory of the requested Party or his entry into the territory of the requesting Party from the territory of the requested Party (itinerary);
(4) nominative documents issued by the requested Party (e.g., driver ' s license, legitimation certificate);
(5) Civil status documents or registration in the territory of the requested Party;
(6) duplicates or copies of documents referred to in items 1 to 4 of this paragraph.
Such evidence shall be recognized without further formalities by the Parties.
2. A beginning of evidence that it is satisfied with the conditions set out in Article 3 of this Agreement for the readmission of nationals of a third State or stateless person may be provided by the evidence listed below:
(1) Transport tickets, documents or nominal invoices if they certify the entry or stay of the person concerned in the territory of the requested Party or permit to prove their entry into the territory of the requesting Party from the territory of the requested Party (e.g. hotel notes, appointment cards for a medical or dentist consultation, access cards in public or private institutions, passenger lists for air travel);
(2) information indicating that the person concerned has used the services of a travel attendant or travel agency;
(3) official statements, in particular, of officers on the border of the requested Party and other officials who may testify that the person concerned has crossed the border of the requested Party;
(4) official statements of officials concerning the presence of the person concerned in the territory of the requested Party;
(5) a residence permit expired for more than two years, issued by the requested Party;
(6) a written statement describing the place where and the circumstances under which the person concerned was arrested after the entry into the territory of the requesting Party;
(7) information provided by an international organization concerning the identity and residence of the person concerned;
8) a witness statement submitted by a person who accompanied the person concerned on his trip;
(9) the statements of the person concerned;
10) other parts (e.g., non-nominative entry cards) or reliable information to sufficiently presume the stay or journey in the territory of the requested Party.
When this commencement of evidence is produced, the Parties shall adhere to the conditions for granted unless the requested Party can prove otherwise.
ARTICLE 7
Time limits
1. The application for readmission of a clean national may be submitted at any time by the competent authority of the requesting Party, where it has been found that the data subject does not meet or no longer fulfil the conditions of entry or residence in the territory of the requesting Party.
2. The application for readmission of a third-country national or stateless person must be submitted by the competent authority of the requesting Party within a period of up to one year after the requesting Party has been aware that such person does not meet or no longer fulfil the conditions of entry or stay in the territory of the requesting Party. Where legal or other obstacles oppose the timely submission of the application, the deadline is extended, upon request, but only, at the latest, until the obstacles have been lifted.
3. The response to a request for readmission must be immediate and, in any event, must take place within 21 calendar days by the latest. In addition, the reasons for refusal must be specified. The period in question begins on the date of receipt of the application for readmission. In the absence of a response to the end of this period, readmission is deemed to be approved.
4. After the approval of the readmission or, where applicable, at the end of the 21 calendar days period, the requested Party shall re-acclaim the person whose readmission has been accepted without further formalities, immediately and, in any case, within a maximum period of one month. This period may be extended upon request on time to remove legal or other obstacles.
5. At the request of the requesting Party, the requested Party shall issue on behalf of the person to be reissued without delay, but no later than five working days, the travel documents required upon return and having a validity period of not less than six months. If the requested Party cannot issue the travel document within five working days of the date of receipt of the application, it shall be deemed to accept the use of a travel document issued by the requesting Party. If, for legal or other reasons, the person concerned cannot be transferred within the validity period of the original travel document, the requested Party shall issue within five working days a new travel document with the same validity period.
ARTICLE 8
Methods of transfer and modes of transport
1. Prior to the transfer of a person, the competent authorities of the requesting Party shall in writing inform the competent authorities of the requested Party of the date, the relevant border crossing point, the possible use of escorts and any other information relating to the transfer.
2. No means of transportation, whether land, sea or air, is prohibited. The choice of means of transport is the responsibility of the requesting Party. The air transfer can be carried out both by a regular flight and by a charter flight.
ARTICLE 9
Error readmission
The requesting Party shall grant any person if it appears from an investigation made within three months of the readmission of the person concerned that the reclaimed person did not meet the conditions set out in Articles 2 and 3 of this Agreement at the time of leaving the territory of the requesting Party.
In such cases, the procedural rules of this Readmission Agreement shall apply mutatis mutandis and all available data relating to the actual identity and nationality of the person to be remitted shall be communicated.
ARTICLE 10
Principles of transit
1. The Parties shall authorize the transit of third-country nationals by their territory, if another Party so requests, when the continuation of the journey in possible other transit States and the readmission by the State of destination is ensured.
2. Parties shall endeavour to limit the transit of third-country nationals to cases where such persons cannot be transferred directly to the country of destination.
3. The transit may be refused by the Parties:
(1) if a third-country national runs a real risk of being subjected to torture, inhuman or degrading treatment or punishment, the death penalty or may be prosecuted because of his race, religion, nationality, membership of a specified social group or political convictions in the State of destination or another transit State;
(2) if the citizen of a third State shall be subject to criminal prosecution or execution of a criminal judgment in the territory of the requested Party or the transit State;
(3) for reasons of public health, State security or public order of the requested Party.
4. The requested Party may withdraw an authorization issued if the circumstances referred to in paragraph 3 of this article occur or come to be known at a later date or if the continuation of the journey in any transit State or the readmission by the destination State is no longer assured. In such a case, the requesting Party shall promptly return the national of a third State or the stateless person concerned.
ARTICLE 11
Transit procedure
1. The transit request shall be submitted in writing to the competent authorities of the requested Party and shall contain the following information:
1) the type of transit (by air, land or sea) as well as other potential transit States and the State of destination;
(2) the personal data of the person concerned (name, first name, date of birth and, where applicable, place of birth, nationality, nature and number of the travel document);
(3) the proposed border crossing, the date of transfer and possible use of escorts;
(4) a statement stating that, from the perspective of the requesting Party, the conditions referred to in Article 10, paragraphs 1^er and 2, are satisfied and no reason for refusal within the meaning of section 10, paragraph 3, is known.
2. The competent authority of the requested Party shall, without delay and in writing, inform the competent authority of the requesting Party of the admission, by confirming the border crossing point and the scheduled admission date or the refusal of the admission and the reasons thereof.
3. When the transit is carried out by air, the person to be transited and any escorts will be granted the necessary access facilities in the national or international area of the requested Party airport.
4. The competent authorities of the requested Party shall provide their support for transit, subject to mutual agreement, in particular by monitoring the persons concerned and by the provision of appropriate equipment to that effect.
ARTICLE 12
Costs
Without prejudice to the right of the competent authorities of the Parties to recover the costs associated with readmission to the person to be remitted or third parties, all transportation costs to the border of the State of final destination engaged in the readmission and transit under this Agreement shall be borne by the requesting Party.
ARTICLE 13
Data protection
The communication of personal data shall take place only when it is necessary for the performance of this Agreement by the Parties. With regard to the communication and processing of personal data in a specific case, the competent authorities of the Parties shall respect their applicable legislation. In addition, the following principles apply:
(1) personal data must be treated fairly and lawfully;
(2) personal data shall be collected for the specific, explicit and legitimate purpose of the implementation of this Agreement and not subsequently processed by the authority which communicates them or by the receiving authority in a manner inconsistent with this purpose;
(3) personal data shall be adequate, relevant and not excessive in respect of the purposes for which it is collected or processed at a later date; in particular, the personal data provided may be limited to the following information:
- individual information on the person to be transferred (the surname, surname, surname or pseudonym, date and place of birth, sex, current nationality and any previous nationality);
- the identity card or passport (the serial number, duration of validity, date, authority and place of issue);
- places of stay and routes;
- other information relevant to the identification of the person to be transferred or to the review of the readmission requirements set out in this Agreement;
(4) personal data shall be accurate and, if necessary, updated;
(5) personal data shall be retained in a form allowing the identification of the data subject for a period not exceeding that required for the purposes for which they are collected or for which they are processed thereafter;
(6) Both the authority that discloses the data and the authority that receives them shall take any effective measures to ensure, as the case may be, the rectification, deletion or locking of personal data whose processing is not in accordance with the provisions of this article, in particular because the data is not adequate, relevant and accurate or are excessive in relation to the purposes for which it is processed. This includes notification to the other Party of any rectification, erase or locking;
7) upon request, the receiving authority shall inform the authority that has communicated the data of the use and the results obtained;
(8) Personal data may only be communicated to the competent authorities. Their subsequent transmission to other bodies requires the prior consent of the authority responsible for their communication;
9) the data transmission authority and receipt authority are required to make a written record of the communication and receipt of personal data.
ARTICLE 14
Compliance with other international obligations
This Agreement shall not affect the rights, obligations and responsibilities of the Parties arising from other international treaties and agreements to which they are parties.
ARTICLE 15
Application Protocol
All practical provisions for the implementation of this Agreement are agreed in the Protocol of Implementation, including:
(1) the designation of the competent authorities of the Parties;
(2) the designation of border crossing points;
(3) the conditions and conditions applicable to the escorted transit of persons to be remitted or transited.
ARTICLE 16
Settlement of disputes
Issues relating to the implementation of this Agreement and disputes between Parties concerning the interpretation or application of the provisions of this Agreement shall be settled by mutual consent between the Parties through consultations.
ARTICLE 17
Amendments
This Agreement may be amended and amended by mutual agreement of the Parties. Amendments and amendments, which are an integral part of this Agreement, shall be elaborated in the form of separate protocols and shall enter into force in accordance with the procedure provided for in Article 20 of this Agreement.
ARTICLE 18
Depositary for Benelux States
The Government of the Kingdom of Belgium is the depositary of this Agreement for the Benelux countries (hereinafter referred to as the Depositary for the Benelux countries).
The original of this Agreement shall be submitted to the Depositary, who shall transmit a certified copy thereof to the Benelux Parties.
ARTICLE 19
Territorial application
With regard to the Kingdom of the Netherlands, the application of this Agreement may be extended to parts of the Kingdom located outside Europe through a notification to the Depositary by diplomatic means, which shall inform the other Parties.
ARTICLE 20
Entry into force
1. This Agreement shall enter into force on the first day of the second month following the date of receipt, by the Depositary and by diplomatic means of notifications from two Parties, one of which is the Republic of Kazakhstan, meaning the fulfilment of the internal formalities required for its entry into force.
2. With respect to any other signatory Party, this Agreement shall effect on the first day of the second month following the date of receipt by the Depositary and through diplomatic channels of notification of the fulfilment of the internal formalities required for its entry into force.
3. The Depositary shall notify each Party through diplomatic channels of notifications referred to in paragraphs 1^er and 2 and the effective dates of this Agreement with respect to the Parties.
4. The provisions of Article 3, paragraph 1^erParagraphs (3) and (4) of this Agreement shall remain applicable for a period of 3 (three) years from the date referred to in paragraph 1^er of this article. During this period of 3 years, the provisions of Article 3, paragraph 1^erParagraphs (3) and (4) apply exclusively to stateless persons and nationals of third States with whom the Parties have entered into valid bilateral agreements or arrangements with respect to readmission.
ARTICLE 21
Suspension, denunciation
1. This Agreement shall be concluded for an indefinite period.
2. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly suspend this Agreement after diplomatic notification of the Depositary to the Government of the Republic of Kazakhstan on serious grounds, in particular because of the protection of State security, public order or public health. The Depositary shall immediately inform, by diplomatic means, the Government of the Republic of Kazakhstan of the lifting of such a measure.
3. The Republic of Kazakhstan may suspend this Agreement after notification by diplomatic means to the Depositary, who shall inform the other Benelux Parties on serious grounds, in particular because of the protection of the security of the State, public order or public health. The Government of the Republic of Kazakhstan shall immediately inform, through diplomatic channels, the Depositary of the lifting of such a measure.
4. This Agreement shall be suspended on the first day of the first month following the notification referred to in paragraphs 2 or 3 of this Article.
5. For serious reasons, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly denounce this Agreement after notification by diplomatic means of the Depositary to the Government of the Republic of Kazakhstan.
6. For serious reasons, the Republic of Kazakhstan denounces this Agreement after diplomatic notification to the Depositary, who informs the other Benelux Parties.
7. This Agreement shall cease to apply on the first day of the second month after the notification referred to in paragraph 5 or 6 of this Article has been received.
In faith, the representatives of the Parties, duly authorized, have signed this Agreement.
Done in Brussels on 2 March 2015, in two originals in English, French, Dutch and Kazakh languages, each language version being equally authentic. In case of differences in interpretation, the English version prevails.
PROTOCOL FOR THE APPROACH TO BENELUX (BELGIUM ROYAUME, LUXEMBOURG GRAND-DUCHE AND THE BAS ROYAUME) AND THE REPUBLIC OF KAZAKHSTAN RELATING TO THE READMISSION OF PERSONS
The Kingdom of Belgium,
The Grand Duchy of Luxembourg
and
The Kingdom of the Netherlands
and
The Republic of Kazakhstan
Named below "Parties",
Under Article 15 of the Agreement signed in Brussels on 2 March 2015 between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Kazakhstan concerning the readmission of persons in an irregular situation,
Named below "The Agreement",
The following agreed:
ARTICLE 1^er
Definitions
Under this Protocol, it is necessary to hear by:
- diplomatic mission: the diplomatic mission of the requested Party in the territory of the requesting Party;
- escort(s): the person or persons designated by the requesting Party to accompany the person to be remitted or in transit.
ARTICLE 2
Introduction of readmission application
(Article 4 of the Agreement)
1. The request for readmission shall be submitted to the competent authorities and to the diplomatic mission of the requested Party by fax or electronically or by other technical means.
2. Applications for readmission of a clean national are made using the attached form in Appendix 1^reA to this Protocol. Requests for readmission of a third-country national or stateless person are made by means of the attached form in Annex 1^reB of this Protocol.
3. If the conditions referred to in Article 4, paragraph 4, of this Agreement are met, a written communication using the form annexed to this Protocol is sufficient.
4. To provide and obtain more detailed information on a request for readmission, Parties shall address the competent authorities and the diplomatic mission.
ARTICLE 3
Response to the request
(Article 7, paragraph 3, of the Agreement)
1. The response to a request for readmission shall be sent by fax or electronically or by other technical means to the competent authority and to the diplomatic mission of the requested Party.
2. This response shall be made using the form referred to in Article 2, paragraph 2, of this Protocol.
ARTICLE 4
Travel documents
(Article 7, paragraph 5, of the Agreement)
1. In the event of a favourable response to the request for readmission, the travel documents required for return pursuant to Article 7, paragraph 5, of this Agreement shall be delivered by the diplomatic mission to the competent authorities of the requesting Party.
2. Pursuant to Article 7, paragraph 5, of this Agreement, if the diplomatic mission has not issued the travel document within five working days from the date of receipt of the application, the requested Party shall be deemed to accept the use of a travel document issued by the requesting Party. The documents used by the Parties for this purpose are attached in annexes 4 and 5 to this Protocol.
ARTICLE 5
Transfer
(Article 8 of the Agreement)
1. The competent authority of the requesting Party shall inform the competent authority and the diplomatic mission of the requested Party of the transfer envisaged by fax or electronically or by other technical means at least three working days in advance. To this end, it uses the form annexed to this Protocol.
2. If the requesting Party is not in a position to transfer the person to resubmit within a month referred to in Article 7, paragraph 4, of the Agreement, it shall promptly inform the competent authority and diplomatic mission of the requested Party. As soon as the effective transfer of the data subject may take place, the competent authority of the requesting Party shall inform the requested Party in accordance with the procedure and time limits provided for in paragraph 1^er of this article.
3. If the transport is to be carried out by land or by sea for medical reasons, the competent authorities of the requesting Party shall indicate it separately on the form annexed to this Protocol.
ARTICLE 6
Transit procedure
(Article 10 of the Agreement)
1. The transit request shall be filed with the competent authority of the requested Party at least 2 days before the transit provided by fax or electronically or by other technical means. The application is filed using the form annexed to this Protocol.
2. The competent authority of the requested Party shall communicate as soon as possible by fax or electronically or by other technical means if it accepts transit This response is communicated through the form referred to in paragraph 1^er of this article.
3. Transit is carried out in principle by air.
ARTICLE 7
Transit support
(Article 11, paragraph 4, of the Agreement)
1. If the requesting Party considers that the support of the authorities of the requested Party is necessary for transit, it shall apply to the competent authorities of the requested Party upon the introduction of the transit request. In its response to the transit request, the requested Party shall indicate whether it may provide the requested support. For this purpose, Parties shall use the form annexed to this Protocol and consult further if necessary.
2. When the person concerned is transferred under escort, the guard and boarding shall be provided under the authority of the requested Party and, to the extent possible, with the assistance of the requested Party.
ARTICLE 8
Obligations of escort as part of readmission or transit
(Article 15, paragraph 3, of the Agreement)
1. During the transit operation, the escort's powers are limited to self-defence. In addition, in the event of the absence of agents of the requested Party competent in the matter or for the purpose of assisting them, the escort may undertake reasonable and proportionate actions to meet a serious and immediate risk in order to prevent the person concerned from fleeing, violating himself or others or causing damage to property.
In the territory of the requested Party, the escort shall respect in all circumstances the right of the requested Party.
2. The escort carries out his mission without weapons and in civilian clothes. It must be in possession of a document indicating that readmission or transit has been authorized and must at any time be able to prove the identity of its members and the authorization to escort.
3. The authorities of the requested Party shall guarantee the escort during the performance of its mission within the framework of the Agreement the same protection and assistance as to their own competent agents in this matter.
ARTICLE 9
Designation of competent authorities
(art. 15, para. 1^er, Agreement)
Within one month of the conclusion of this Protocol, Parties shall exchange a list of the points of contact required for the implementation of the Agreement and their contact information. They mutually reinforce any changes to this list as soon as possible.
ARTICLE 10
Designation of border crossing points
(Article 15, paragraph 2, of the Agreement)
Within a period of one month following the conclusion of this Protocol of application, Parties shall, in writing, inform each other of the border crossing points to which persons shall be effectively transferred and admitted under the Agreement. They are mutually reinforcing any change in this regard.
On a case-by-case basis, the competent authorities may agree to use other border crossing points for readmission and transit.
ARTICLE 11
Costs
(Article 12 of the Agreement)
On the production of an invoice, the requesting Party shall reimburse the costs incurred by the requested Party for readmission and transit that are borne by the requesting Party under Article 12 of the Agreement.
ARTICLE 12
Language
The language used as a working language for the application of the Agreement and this Protocol is English.
ARTICLE 13
Annexes
Annexes 1 to 6 included are an integral part of this Protocol.
ARTICLE 14
Amendments and settlement of disputes
This Protocol may be amended and amended by mutual agreement of the Parties.
Issues relating to the implementation of this Protocol and disputes between Parties concerning the interpretation or application of the provisions of this Protocol shall be settled by mutual consent between the Parties through consultations.
ARTICLE 15
Entry into force and denunciation
1. This Protocol shall enter into force together with the Agreement.
2. This Protocol is denounced at the same time as the Agreement.
3. This Protocol shall not be applied during the suspension period of the Agreement.
Done in Brussels on 2 March 2015 in two original copies in English, French, Dutch and Kazakh languages, each language version being equally authentic. In case of differences in interpretation, the English version prevails.

LIST OF LIES



For the consultation of the table, see image