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26 DECEMBER 2013. - An Act to approve the Agreement between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (the Benelux States) and the Republic of Kosovo on the resumption and readmission of persons in an irregular situation (Resumption and Readmission Agreement) and the Implementation Protocol, held in Brussels on 12 May 2011(1) (2) (3)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (the Benelux States) and the Republic of Kosovo relating to the resumption and readmission of persons in an irregular situation (Resumption and Readmission Agreement) and the Implementation Protocol, which took place in Brussels on 12 May 2011, will be fully implemented.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Ciergnon, December 26, 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration,
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2144.
Annales du Sénat : 17/07/2013, 18/07/2013.
House of Representatives (www.lachambre.be):
Documents: 53-2983.
Full report: 14/11/2013.
(2) List Related States.
(3) Entry into force: 1^er April 2014.

AGREEMENT
ENTER
BELGIUM,
LE GRAND-DUCHE DE LUXEMBOURG
AND THE ROYAUME OF COUNTRIES-BAS
(THE BENELUX)
AND
THE REPUBLIC OF KOSOVO
RELATIF
REPRISE AND READMISSION
PERSONS IN IRREGULAR SITUATION
(REPRISE AND READMISSION AGREEMENT)
BELGIUM,
LE GRAND-DUCHE DE LUXEMBOURG
AND
ROYAUME DES PAYS-BAS,
acting in concert under the provisions of the Benelux Convention of 11 April 1960 (the States of the BENELUX),
AND
THE REPUBLIC OF KOSOVO,
hereinafter referred to as "the Parties",
Desiring to promote cooperation and improve communication among Parties in order to better implement legislation and regulations relating to the movement of persons,
Desiring to reaffirm their common concern to effectively combat any illegal immigration of nationals of Benelux States or Kosovar citizens, as well as nationals of a third State,
Wishing to implement the obligation under international law to resume nationals of their own and, in particular, article 12, paragraph 4, of the International Covenant on Civil and Political Rights of 19 December 1966,
Desirous of creating an obligation between the Parties to renew the nationals of a third State, under the conditions laid down in this Agreement,
Desiring to facilitate, on the basis of reciprocity, the resumption and readmission of persons in an irregular situation in the territory of another Party and the transit of persons to be removed,
Wishing that these readmissions and readmissions must be done quickly and safely, in accordance with procedures guaranteeing human dignity;
The following agreed:
ARTICLE 1^er
Definitions and scope of application
Under this Agreement:
1. "territory":
- the Benelux States: all the territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
- the Republic of Kosovo: the territory of the Republic of Kosovo;
2. "Irregular person": any person who does not meet or does not meet the conditions of entry or residence in force;
3. "reprise" and "readmission" :
the resumption of a person established or validly presumed to have the nationality of one of the Benelux States or the citizenship of the Republic of Kosovo or the readmission of a third-country national; in both cases it is established that it does not meet or exceed the conditions of entry or residence in the territory of one of the other Parties;
4. "clean or citizen" :
(1) any person with the nationality of one of the Benelux States;
(2) any person who has citizenship or is eligible for citizenship of the Republic of Kosovo, pursuant to section 29 of the Citizenship Act of Kosovo;
5. "third state": any State other than a Benelux State and the Republic of Kosovo;
6. "citizen of a third State": any person who has neither the nationality of one of the Benelux States nor the citizenship of the Republic of Kosovo, including a stateless person;
7. "apatride": the person whose status is defined by the Convention on the Status of Stateless Persons of 28 September 1954;
8. "Applicant Party": the Party in whose territory a person is in an irregular situation and who requests that the person be reconvened or reappointed or authorized to transit under the conditions set out in this Agreement;
9. "Required party": the Party to which it is requested to resume or re-admit an irregular person in its territory, or to authorize transit in its territory under the conditions set out in this Agreement;
10. "Living title": an authorization issued by a Party, of any kind, which allows a person to stay in his or her territory. This definition does not include the temporary residence permit granted for the processing of a claim for asylum or a request for a residence permit.
ARTICLE 2
Resuming nationals or citizens
Each Party shall return to its territory without formality other than that provided for in this Agreement, at the request of the other Party, any person who, located in the territory of the requesting Party, does not meet or fulfil the conditions of entry or residence, where it may be proved or validly presumed on the basis of the commencement of evidence provided, that it has the nationality or citizenship of the requested Party.
(2) The recovery obligation under subsection (1) also applies to any person who, after entering the territory of the requesting Party, has lost the nationality or citizenship of the requested Party and has not obtained at least a naturalization insurance from the requesting Party.
(3) At the request of the requesting Party, and in accordance with the provisions of Article 7, subsection (6), of this Agreement, the requested Party shall issue without delay and no later than three days after the date of receipt of the application the travel documents necessary for the reappointment of the persons to be resumed.
(4) The requesting Party shall resume that person under the same conditions, if an audit conducted within three months of the resumption of the data subject reveals that it did not possess the nationality or citizenship of the requested Party at the time of its exit from the territory of the requesting Party, unless the obligation of resumption arises from subsection (2).
ARTICLE 3
Readmission of third and stateless nationals
(1) Each Party shall return to its territory at the request of the other Party and without any other formalities other than those provided for in this Agreement, any national of a third State who does not meet or fulfil the conditions of entry or residence in the territory of the requesting Party when it may be proved or validly presumed on the basis of the commencement of evidence provided, that the applicant:
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. upon entry into the territory of the requesting Party was in possession of a valid residence permit or a valid visa other than a transit visa issued by the requested Party, or
4. entered the territory of the requesting Party after transiting or staying in the territory of the requested Party.
(2) The readmission obligation referred to in subsection (1) is not applicable to third-country nationals who, before or after they entered the territory of the requesting Party, were in possession of a visa other than a transit visa, or a residence permit, issued by the requesting Party and whose validity is greater than that of the visa or residence permit issued by the requested Party.
(3) The requested Party undertakes to respect nationals of a third State to reclaim the provisions of Article 33 of 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, as well as the provisions of Article 3 of the Convention of 4 November 1950 relating to the Protection of Human Rights and Fundamental Freedoms, or the provisions of Article 7 of the International Covenant
ARTICLE 4
Introduction of the request for re-establishment or readmission
(1) Any request for resumption or readmission under Article 2 or 3 shall be submitted in writing to the competent authority of the requested Party.
(2) Each request for recovery or readmission will include the following information:
1. the personal data of the data subject (name, first name, if any, previous names, names of the parents, nicknames and pseudonyms, names of borrowing, sex, date and if possible place of birth and last place of residence in the territory of the requested Party);
2. a copy of the evidence referred to in Articles 5 or 6.
(3) The request for recovery or readmission must also include, where appropriate, the following information:
1. the indication that the person to be transferred must receive special treatment (medical or other) or requires ambulance transport;
2. any other protective and security measures that may be necessary during the transfer.
(4) The request for resumption or readmission may be replaced by a written communication to the requested Party within a reasonable period of time for the resumption or readmission of the data subject, provided that the person to resume or reappoint is in possession of a valid travel document and, if applicable, of a visa or valid residence permit of the requested Party.
(5) If the person to resume or re-admit is in the international area of one of the Parties, the competent airport authorities may agree on a simplified procedure.
ARTICLE 5
Evidence on
nationals or citizens
(1) Evidence of nationality or citizenship pursuant to Article 2 may be provided by the following documents:
1. a passport or travel document with a photograph (lease pass) taking place during validity;
2. a valid identity document;
3. a military identity document or other identity document of the personnel of the armed forces with a photograph of the holder, valid;
4. a valid marine booklet;
5. a UNMIK travel document or identity document;
6. a valid consular card;
7. other official documents attesting to nationality or citizenship, issued by the requested Party and provided with a photograph;
8. a document as described above, whose validity period is expired on the date of the application for recovery or readmission;
9. information from the visa information system (VIS)(¹) provided that the Commission has made a decision on the proper protection of personal data in that third country in accordance with Article 25(6) of Directive 95/46/EC.
When such documents are submitted, Parties shall recognize nationality or citizenship without further formalities.
(2) The beginning of proof of nationality or citizenship pursuant to Article 2 shall be provided by means of the following documents or elements:
1. a copy of one of the documents listed in subsection (1) above;
2. an official identification document, issued by the former Republic of Yugoslavia;
3. other documents that may contribute to the determination of the nationality or citizenship of the person concerned (driving licence or other);
4. a document certifying consular registration, a certificate of nationality or citizenship, a certificate of civil status or a birth certificate issued by UNMIK;
5. a company passport;
6. duplicate/copy of the documents referred to in 2. 4. above;
7. the language in which the person expresses himself;
8. a statement by a witness of good faith;
9. the statement of the data subject.
Where such documents or elements are submitted, Parties shall accept nationality or citizenship as acquired, unless the requested Party is unable to demonstrate otherwise.
(3) If none of the documents or elements referred to in subsections (1) and (2) may be submitted, the requesting Party may request the requested Party to conduct a search in the population register of the requested Party. A positive result of this research is considered to be evidence under subsection (1).
(4) If none of the documents, elements or data referred to in subsections (1), (2) and (3) may be submitted, but if in the opinion of the requesting Party there is a presumption of the nationality or citizenship of the person to be taken, the competent authorities of the requested Party shall take the necessary measures to determine the nationality or citizenship of the person concerned. For this purpose, the diplomatic or consular mission of the requested Party accredited to the requesting Party will conduct an examination of the data subject in order to determine whether it is a national or a citizen.
(5) If, for factual or technical reasons, the diplomatic or consular mission of the requested Party accredited to the requesting Party is unable to audition the person concerned, this task will be carried out exceptionally either by a designated expert of mutual agreement or by a invited delegation of the requested Party and accredited to the requesting Party.
ARTICLE 6
Evidence concerning third-country nationals
(1) The evidence that it is satisfied with the conditions set out in Article 3 concerning the readmission of third-country nationals may be provided by the following evidence:
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 and/or exit stamps or similar annotations in the travel document of the person concerned to prove his/her entry or stay in the territory of the requested Party or his/her entry into the territory of the requesting Party from the territory of the requested Party (the travel route);
4. nominative documents issued by the requested Party (e.g., driver ' s licence, certificate of legitimation);
5. documents of the civil status or registration in the territory of the requested Party;
6. copies of the documents referred to in 1. 5. above.
The above evidence is recognized without further formalities between the Parties.
(2) The beginning of evidence that it is satisfied with the conditions for the readmission of third-country nationals listed in Article 3 is provided by the following documents or evidence:
1. the nominative transport tickets, the documents or invoices if they attest to the entry or stay of the person concerned in the territory of the requested Party or permit to prove his or her entry into the territory of the requesting Party from the territory of the requested Party (e.g., hotel notes, appointment cards for a doctor/dentist consultation, access cards in public/private institutions, passenger lists for air or boat trips);
2. information indicating that the person concerned has used the services of a travel attendant or travel office;
3. official statements in particular of agents on the border of the requested Party and other officials who may testify that the data subject crossed the required 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 and circumstances in which the person concerned was intercepted after the entry into the territory of the requesting Party;
7. information that has been provided by an international organization concerning the identity and residence of the person concerned in the territory of the requested Party or the itinerary that it has followed from the territory of the requested Party to that of the requesting Party;
8. a witness statement submitted by a person who accompanied the person concerned on his trip;
9. statements by the data subject;
10. other parts (e.g. non-nominative entry cards) or reliable information to sufficiently presume the stay or transit in the territory of the requested Party.
If this commencement of evidence is provided, the Parties shall presume that it is satisfied with the conditions, unless the requested Party can prove otherwise.
ARTICLE 7
Time limits
(1) The request for the resumption of a national or a citizen may at any time be submitted by the competent authority of the requesting Party, where it has been found that the person concerned does not meet or no longer fulfil the conditions of entry, and/or stay in the territory of the requesting Party.
(2) The application for readmission of a third-country national must be submitted by the competent authority of the requesting Party within a maximum period of one year after the requesting Party has been aware that that person does not meet or fulfil the conditions of entry, and/or stay in the territory of the requesting Party. Where factual or legal obstacles are opposed to the timely submission of the application, the deadline is extended, upon request, but only until the obstacles have ceased to exist.
(3) A request for recovery or readmission must be received within a reasonable period of time and, in any event, within a maximum period of 28 calendar days. The refusal of a request for recovery or readmission must be motivated. The deadline begins at the date of receipt of the request for readmission or readmission. Upon expiry of this period, the transfer is deemed to be approved.
(4) The results of a search in the population register, referred to in section 5, subsection (3), must be forwarded without delay to the requesting Party, and no later than 7 calendar days after the date of the application.
(5) Upon approval or, where applicable, upon the expiry of the 28-day calendar period, the requesting Party shall promptly transfer the person whose recovery or readmission has been accepted and, in any event, no later than three months. This period may be extended on request as long as legal or practical obstacles require.
(6) At the request of the requesting Party, the requested Party shall issue on behalf of the person to be transferred without delay, but no later than three working days, the travel documents required upon his return and having a validity period of three months. If the requested Party cannot issue the travel document within three 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 factual reasons, the person may not be transferred within the period of validity of the original travel document issued by the requested Party, the requested Party shall issue within three working days a new travel document with the same validity period.
ARTICLE 8
Methods of transfer and modes of transport
(1) Before transferring a person, the competent authorities of the requesting Party shall inform in writing the competent authorities of the requested Party of the date and modalities of the transfer, as well as the possible use of escorts.
(2) No means of transportation, whether by air, land or sea, is prohibited, but in general return is carried out by air. Air transfer may be carried out in the context of regular flights or charter flights.
ARTICLE 9
Transit operations
(1) Parties shall authorize the transit of third-country nationals by their territory, if another Party so requests, when the continuation of the journey in any other transit State, and the readmission by the State of destination are ensured.
(2) The Parties shall endeavour to limit the transit of third-country nationals to cases where such persons cannot be removed 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 destination State or another transit State;
2. if a third-country national is subject to criminal prosecution or enforcement of a criminal judgment in the territory of the requested Party.
(4) Parties may withdraw an authorization issued if the circumstances referred to in subsection (3), which are likely to prevent transit, occur or come to be known at a later date, or if the continuation of the journey in potential transit States or the readmission by the destination State is no longer ensured. In such cases, the requesting Party shall return to its territory without delay the data subject.
ARTICLE 10
Transit procedure
(1) Any transit request must be sent in writing to the competent authorities and contain the following information:
1. the type of transit (by air, land or sea), other transit States and the state of final destination planned;
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 section 9, subsections (1) and (2) are met and that no reason for refusal under section 9, subsection (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, confirming the border crossing point and the scheduled admission date, or informing the refusal of admission and the reasons for such refusal.
(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, subject to mutual consultations, support the transit, in particular by monitoring the persons concerned and by the provision of appropriate equipment to that effect.
ARTICLE 11
Costs
Without prejudice to the right of the competent authorities to recover the costs associated with the recovery or readmission to the person to resume or re-admit or third parties, all transportation costs to the border of the State of final destination, incurred as part of the resumption, readmission and transit, pursuant to this Agreement, shall be borne by the requesting Party.
ARTICLE 12
Data protection
The communication of personal data takes place only as long as this communication is necessary for the execution of this Agreement by the competent authorities of the Parties. The processing of personal data, in the case of a species, is governed by the legislation of the Republic of Kosovo and, where the processing is carried out by a competent authority of a Benelux State, by the provisions of Directive 95/46 /EC of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and the national legislation adopted under this Directive. 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 shall not be processed at a later date by the authority that communicates them or by the receiving authority in a manner inconsistent with this purpose;
3. personal data must be adequate, relevant and not excessive in relation to the purposes for which they are collected and for which they are processed at a later stage; 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 surname, date and place of birth, sex, nationality or current citizenship and any previous nationality or citizenship);
- the identity card or passport (the serial number, duration of validity, date, authority and place of issue);
- places of stay and routes;
- other information necessary for the identification of the person to be transferred or for the review of the recovery or readmission requirements set out in this Agreement;
4. personal data must be accurate and, if necessary, updated;
5. personal data must be retained in a form that allows the identification of the persons concerned for a period not exceeding that required for the purposes for which they are collected or for which they are processed at a later date;
6. both the authority that discloses the data and the authority that receives them shall take all appropriate 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 respect of the purposes for which it is processed; This includes notification to the other Party of any rectification, removal or locking;
7. upon request, the recipient shall inform the authority that has communicated the data of the use and the results obtained;
8. personal data can 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 13
Non-impact clause
This Agreement shall not affect the obligations arising from:
1. of 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 and the Convention of 28 September 1954 relating to the Status of Stateless Persons;
2. treaties relating to extradition and transit;
3. of the Convention of 4 November 1950 on the Protection of Human Rights and Fundamental Freedoms;
4. International Covenant on Civil and Political Rights of 19 December 1966;
5. of the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
6. of the European Convention of 26 November 1987 for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
7. European Community law, including the Schengen Agreement of 14 June 1985 on the phasing out of common border controls and the Schengen Agreement of 19 June 1990;
8. international asylum conventions, including the Regulation (EC) Council No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for asylum submitted in one of the Member States by a third country national;
9. international conventions and agreements relating to the readmission of foreign nationals. This applies in particular to Annex 9 of the Chicago Convention of 7 December 1944.
ARTICLE 14
Committee of Experts
(1) The Parties shall mutually assist in the application and interpretation of this Agreement. To this end, they establish a committee of experts in particular:
1. to monitor the application of this Agreement;
2. make proposals to address the issues arising from the application of this Agreement;
3. propose amendments and additions to this Agreement;
4. develop and recommend appropriate measures to combat illegal immigration.
(2) Parties reserve approval or disapproval of the measures proposed by the Committee of Experts.
(3) The Committee consists of a representative for Belgium, a representative for Luxembourg, a representative for the Netherlands and three (3) representatives for the Republic of Kosovo. The Parties shall designate the Chairperson and its alternates. Alternate members are appointed. If necessary, other experts may be involved in the work of the committee.
(4) The Committee shall meet if necessary on a proposal from one of the Parties.
ARTICLE 15
Application Protocol
All practical provisions for the application of this Agreement are set out in the Implementation Protocol. The Application Protocol shall, inter alia:
1. the designation of the competent authorities;
2. the designation of border crossing points;
3. the conditions applicable to the escorted transit of persons to resume or reclaim or transit.
ARTICLE 16
Territorial application
With regard to the Kingdom of the Netherlands, the application of this Agreement may be extended to the territories of the Kingdom located outside Europe by a notification to the Government of the Kingdom of Belgium, depositary of this Agreement, informing the other Parties.
ARTICLE 17
Entry into force
(1) This Agreement comes into force on the first day of the second month following the date of receipt by the Government of the Kingdom of Belgium of notifications from two signatory States, one of which is the Republic of Kosovo, meaning the fulfilment of the internal formalities required for its entry into force.
(2) With respect to any other signatory State, this Agreement shall effect on the first day of the second month following the date of receipt by the Government of the Kingdom of Belgium of the notification of the fulfilment of the internal formalities required for its entry into force.
(3) The Government of the Kingdom of Belgium shall inform each signatory State of the notifications referred to in subsections (1) and (2) and of the dates of entry into force of this Agreement with respect to the Parties.
ARTICLE 18
Suspension, denunciation
(1) This Agreement shall be signed for an indefinite period.
(2) The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Republic of Kosovo may suspend this Agreement after notification to the Government of the Kingdom of Belgium, which informs the other Parties, for serious reasons in particular because of the protection of the security of the State, public order or public health. The Parties shall, by diplomatic means, inform each other with the lifting of such a measure.
(3) The suspension of this Agreement shall take effect on the first day of the first month following that in which the Government of the Kingdom of Belgium has received the notification referred to in subsection (2).
(4) The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Republic of Kosovo may, after giving notification to the Government of the Kingdom of Belgium, informing the other Parties, denounce this Agreement for serious reasons.
(5) The denunciation of this Agreement shall take effect on the first day of the second month following that in which the Government of the Kingdom of Belgium has received the notification referred to in subsection (4).
ARTICLE 19
Depositary
The Government of the Kingdom of Belgium is depositary of this Agreement.
IN WITNESS WHEREOF, the representatives of the Parties, duly authorized, have signed this Agreement.
DONE in Brussels on 12 May 2011, in English, French, Dutch and Albanian and Serbian languages, each of the texts being equally authentic. In the event of a discrepancy of interpretation the English version (working language) will prevail.
The original shall be deposited with the Government of the Kingdom of Belgium, depositary of this Agreement, which shall send a certified copy thereof to all Parties.
____
Note
(¹) Regulation (EC) No 767/2008 of the European Parliament and the Council of 9 July 2008 concerning the visa information system (VIS) and the exchange of data between Member States on short-term visas (Rules VIS), OJ L 218 of 13 August 2008. p. 60.

APPPLICATION PROTOCOL
THE ACCORD
ENTER
BELGIUM,
LE GRAND-DUCHE DE LUXEMBOURG
AND THE ROYAUME OF COUNTRIES-BAS
(THE BENELUX)
AND
THE REPUBLIC OF KOSOVO
RELATIF
REPRISE AND READMISSION OF PERSONS
EN SITUATION IRREGULIERE
(REPRISE AND READMISSION AGREEMENT)
BELGIUM,
LE GRAND-DUCHE DE LUXEMBOURG
AND
ROYAUME DES PAYS-BAS,
AND
THE REPUBLIC OF KOSOVO,
below referred to as "Parties",
Under Article 15 of the Agreement signed in Brussels on 12 May 2011 between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (the States of the BENELUX) and the Republic of Kosovo concerning the resumption and readmission of persons in an irregular situation,
"The Agreement",
The following agreed:
ARTICLE 1^er
Definitions
Under this Protocol, it is necessary to hear by:
1. diplomatic representation: diplomatic representation of the requested Party in the territory of the requesting Party;
2. escort(s): the person (or persons) designated by the requesting Party and charged with escorting the person to resume or re-admit or transit.
ARTICLE 2
Request for recovery or readmission
(articles 4 and 7, subsection (3), of the Agreement)
1. The request for resumption or readmission shall be submitted by fax or electronically to the competent authority of the requested Party. This request contains the information referred to in Article 4 of the Agreement.
2. The request for recovery is introduced using the form annexed to Annex 1^reTo this Protocol. The application for readmission is introduced using the form annexed to Annex 1^reB to this Protocol.
3. If the conditions referred to in Article 4, subsection (4), of the Agreement are met, a written communication shall be provided with the form annexed to this Protocol.
4. The requesting Party shall address the competent authority of the requested Party to provide as well as to collect information regarding the application for readmission or readmission.
5. The response to a request for resumption or readmission shall be sent by fax or electronically to the competent authority of the requesting Party using the form annexed to Annex 1A or 1B to this Protocol.
ARTICLE 3
Travel documents
(Article 7, subsection (6), of the Agreement)
1. In the event of an agreement on the request for readmission or readmission, the travel documents required for return shall be prepared on behalf of the person to be transferred, in accordance with Article 7, subsection (6), of the Agreement and handed over to the competent authorities of the requesting Party by diplomatic representation.
2. Pursuant to Article 7, subsection (6), of the Agreement, the requested Party shall be deemed to accept the use of a travel document issued by the requesting Party, if the diplomatic representation cannot issue the travel document requested within three working days from the date of receipt of the application. The documents to be used by the Parties for this purpose are attached in annexes 4 and 5 to this Protocol.
ARTICLE 4
Transfer
(Article 8, of the Agreement)
1. The competent authority of the requesting Party shall inform the competent authority of the requested Party, by fax or electronically, at least two working days before the proposed transfer of its intention to do so. For this purpose, the form annexed to this Protocol is used.
2. If the transfer of the person to be returned or remitted cannot be effected within the three-month period referred to in Article 7, paragraph (5), of the Agreement, the requesting Party shall promptly inform the competent authority of the requested Party.
3. Where medical reasons justify transportation by land or by sea, the competent authorities of the requesting Party shall indicate this on the form annexed to this Protocol.
ARTICLE 5
Transit procedure
of third State or stateless persons
(Articles 9 and 10 of the Agreement)
1. The transit request shall be filed at least two days before the transit planned by fax or electronically with the competent authority of the requested Party. The application is filed using the form annexed to this Protocol.
2. The competent authority of the requested Party shall promptly, by facsimile or electronically communicate, if it accepts the transit and the intended date of the transit, the border crossing point, the mode of transport and the use of escorts. For this purpose, the form indicated in paragraph 1 shall be used.^erof this article.
3. Transit is carried out in principle by air.
ARTICLE 6
Transit support
(Article 10, subsection (4), of the Agreement)
1. If the requesting Party deems it necessary to support transit by the authorities of the requested Party, it shall indicate it in the form annexed to this Protocol.
2. On the occasion of the response to the transit request, the requested Party shall communicate whether it may provide the requested support. The Parties shall consult with each other as necessary.
3. If the person concerned is escorted, the guard and boarding shall be provided by that escort under the authority of the requested Party.
ARTICLE 7
Obligations of escorts
(Article 15, subparagraph 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, impairing himself or a third party or causing damage to property.
2. In all circumstances, the escort must respect the right of the requested Party.
3. The escort carries out his mission without weapons and in civilian clothes. It must be provided with a document that certifies that an authorization has been issued for recovery or readmission or for transit and must be able to prove at any time its identity and authorization.
4. 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 8
Designation of competent authorities
(Article 15, sub 1, of the Agreement)
In accordance with Article 15, subparagraph 1, of the Agreement, Parties shall exchange in writing no later than 30 days after the conclusion of this Protocol a list of competent authorities for the implementation of the Agreement. They exchange without delay any changes to this list.
ARTICLE 9
Designation of border crossing points
(Article 15, subparagraph 2, of the Agreement)
In accordance with Article 15, paragraph 2, of the Agreement, Parties shall communicate in writing, no later than 30 days after the conclusion of this Protocol, the border crossing points by which persons are effectively transferred and admitted. They exchange without delay any changes to this list.
ARTICLE 10
Costs
(Article 11, of the Agreement)
On the production of an invoice, the requesting Party shall reimburse the costs incurred by the requested Party for the recovery or readmission and transit, which shall be borne by the requesting Party under Article 11, of the Agreement.
ARTICLE 11
Committee of Experts
(Article 14, of the Agreement)
Within 30 days of the Agreement's entry into force, Parties shall communicate to each other the composition of their delegations to the Committee of Experts, established under Article 14, of the Agreement. They exchange without delay any changes to their delegation.
ARTICLE 12
Language
Parties shall communicate in English.
ARTICLE 13
Amendments to annexes
1. Annexes 1 to 6 included are an integral part of the Application Protocol.
2. Any amendment to the annexes to this Protocol shall be the subject of a written decision by the Parties and shall enter into force on a date to be determined by the Parties.
ARTICLE 14
Entry into force and denunciation
This Protocol shall be applied in accordance with Articles 17 and 18 of the Agreement and shall be denounced together with the denunciation of the Agreement.
ARTICLE 15
Depositary
The Kingdom of Belgium is the depositary of this Protocol of application which will ship a certified copy thereof to all Parties.
Done in Brussels on 12 May 2011, in English, French, Dutch and Albanian and Serbian languages, each of the texts being equally authentic. In the event of a discrepancy of interpretation the English version (working language) will prevail.


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