Law Approving 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 The Readmission Of Persons In Irregular Situation (Acc

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique, le grand-duché de Luxembourg et le Royaume des Pays-Bas (les Etats du Benelux) et la République du Kosovo relatif à la reprise et à la réadmission des personnes en situation irrégulière (Acc

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015103&caller=list&article_lang=F&row_id=700&numero=773&pub_date=2014-05-12&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-12 Numac: 2014015103 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 26 December 2013 development COOPERATION. -Law on consent to the agreement between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of Netherlands (the Benelux States) and the Republic of Kosovo on the resumption and the readmission of persons in irregular situation (return and readmission agreement) and to the application protocol, made in Brussels on 12 May 2011 (1) (2) (3) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement between the Kingdom of Belgium, the Grand Duchy of the Luxembourg and the Kingdom of Netherlands (the Benelux States) and the Republic of Kosovo on the resumption and the readmission of persons in irregular (recovery and readmission agreement) and the application protocol, made in Brussels on 12 May 2011, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given Ciergnon, December 26, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2144.
Annals of the Senate: 17/07/2013, 18/07/2013.
House of representatives (www.lachambre.be): Documents: 53-2983.
Full report: 2013-11-14.
(2) list bound States.
(3) effective date: April 1, 2014.

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 matter A the resumption and A the READMISSION of persons in SITUATION irregular (agreement of recovery and of READMISSION) the Kingdom of Belgium, the GRAND Duchy of LUXEMBOURG and the Kingdom of the Netherlands, acting in concert under the provisions of the Benelux Convention of April 11, 1960 (the BENELUX States) , And the Republic of KOSOVO, hereinafter referred to as "the Parties", desiring to promote cooperation and improve the communication between the Parties in order to better implement the laws and regulations relating to the movement of people, eager to reassert their common concern to fight effectively against any illegal immigration by nationals of the Benelux States or citizens Kosovo, as well as nationals of a third State Anxious to implement the obligation in international law to take back own nationals and article 12, paragraph 4, of the international Covenant of 19 December 1966 on Civil and political rights wishing to create an obligation between the Parties to readmit nationals of a third State, under the conditions laid down in this agreement, desiring to facilitate, on the basis of reciprocity , the return and readmission of persons in irregular on the territory of another party as well as the transit of persons away, concerned that these occasions and readmission must be done quickly and safely, according to procedures ensuring human dignity;
Agreed to the following: ARTICLE 1 Definitions and scope under the terms of this agreement is meant by: 1. "territory":-the Benelux States: all territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
-of the Republic of Kosovo: the territory of the Republic of Kosovo;
2 "person in an irregular situation": any person who does not meet or no longer meets the conditions for entry or stay in force;
3. "recovery" and "readmission": the resumption of a person it is established or validly assumed that it possesses the nationality of one of the States of the Benelux or the citizenship of the Republic of Kosovo or the re-entry of a national of a third State; in both cases, it is established that it meets or the conditions for entry or stay in the territory of one of the other Parties;
4. "national clean or citizen": (1) any person who holds the nationality of one of the States of the Benelux;
(2) any person who holds the citizenship or eligible to obtain citizenship of the Republic of Kosovo, in accordance with article 29 of the law on citizenship of Kosovo;
5. "third State": any State other than a State of the Benelux countries and the Republic of Kosovo;
6. "national of a third State": any person having the nationality of one of the States of the Benelux or the citizenship of the Republic of Kosovo, including a stateless person;
7. "stateless person": the person whose status is defined by the Convention on the status of stateless persons of 28 September 1954;
8 "applicant": the part on the territory of which a person in an irregular situation and seeking to readmit the person or authorize its transit as provided for in this agreement;
9. "requested Party": the part that is requested to readmit its territory a person in an irregular situation, or to authorize their transit on its territory under the conditions laid down in this agreement.
10. "residence permit": an authorisation issued by a party of any kind whatsoever, which allows a person to reside on its territory. This definition does not include the temporary residence permit issued for the processing of an application for asylum or an application for a residence permit.
ARTICLE 2 resumption of own or citizens nationals each party takes over its territory without any formality other than that provided for in this agreement, at the request of either party, any person who, within the territory of the requesting party, does not meet or no longer meets the conditions for entry or residence, when it can be proved or validly assumed on the basis of prima facie evidence provided It has the nationality or citizenship of the requested Party.
(2) the duty under subsection (1) applies to any person who, after having entered the territory of the requesting party, has lost the nationality or citizenship of the requested Party and did not at least insurance of naturalization on the part of the applicant.
(3) at the request of the requesting party, and in accordance with the provisions of article 7, paragraph (6) of this agreement, the requested Party shall without delay and no later than in three days of the date of receipt of the application of travel documents for deportation of persons to resume.
(4) the applicant resumes this person under the same conditions, if an audit conducted within a period of three months following the resumption of the person concerned shows that it did not have the nationality or citizenship of the requested Party at the time of his exit from the territory of the requesting party, unless the recovery obligation arises from subsection (2).
ARTICLE 3 Readmission of nationals of a third State and stateless persons (1) each Party shall readmit to its territory at the request of the other party and without further formalities than those provided for in this agreement, any national of a third State which does not or no longer meets the conditions for entry or stay in the territory of the requesting party when it can be proved or validly assumed on the basis of prima facie evidence provided , as this national: 1. is in possession of a valid residence permit issued by the requested Party title, or 2. is in possession of one valid visa other than a visa for transit issued by the requested Party, or 3. at the entrance in the territory of the requesting party was in possession of a residence permit valid or valid visa other than a visa for transit issued by the requested Party, or 4. entered the territory of the requesting party after having transited or resided in the territory of the requested Party.
(2) the obligation to readmit referred to in paragraph (1) is not applicable to nationals of a third State who, before or after their entry on the territory of the requesting party, were in possession of one visa other that a visa transit, or a residence permit, issued by the applicant and the term of validity is greater than that of the visa or residence permit issued by the requested Party.
(3) the requested Party is committed to nationals of a third State to readmit 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 for the protection of the rights of man and fundamental freedoms , or the provisions of article 7 of the international Covenant of 19 December 1966 on Civil and political rights, as well as the provisions of article 3 of the Convention of 10 December 1984 against torture and other cruel, inhuman or degrading treatment or punishment, even if it is not a party to these Conventions.
ARTICLE 4 Introduction of the request for recovery or readmission (1) any request for recovery or readmission by virtue of article 2 or 3 will be introduced in writing to the competent authority of the requested Party.
(2)

Each recovery or readmission application will include the following information: 1. the personal data of the person concerned (name, first names, if any, previous names, names of parents, nicknames and pseudonyms, aliases, sex and 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 recovery or readmission application must, where appropriate, also include the following information: 1. the indication that the person to be transferred should benefit from special treatment (medical or otherwise) or requires an ambulance transport;
2. all other measures of protection and security that may be required during the transfer.
(4) the return or readmission application may be replaced by a written communication to the requested Party within a reasonable time for the recovery or the readmission of the person concerned, provided that the person to resume or to be readmitted is in possession of a travel document valid and, if applicable, of a visa or residence permit of the requested Party.
(5) if the person to resume or to be readmitted is in the international area of an airport by one of the Parties, the airport authorities can agree on a simplified procedure.
ARTICLE 5 evidence for own nationals or citizens (1) proof of nationality or citizenship in accordance with article 2 may be made through the following documents: 1. a passport or a travel document with photograph (passes) in lieu thereof valid;
2. a valid identity document;
3. a military identity document or other document of identity of the personnel of the armed forces with a photograph of the holder, valid;
4. a libretto by marin valid;
5. a travel document or an identity UNMIK document.
6. a consular card valid;
7 other official documents evidencing nationality or citizenship, issued by the part required and equipped with a photograph;
8. a document as described above, the term of validity is expired on the date of dispatch of the request for recovery or readmission;
9. information from the information system on visas (VIS) (1) provided that the Commission has taken a decision on the adequate protection of the data personal in that third country in accordance with article 25 (6) of Directive 95/46/EC.
When such documents are presented, the Parties recognise the nationality or citizenship without further formalities.
(2) prima facie evidence of nationality or citizenship in accordance with article 2 is provided through the documents or the following elements: 1. a copy of one of the documents listed in paragraph (1) above;
2. an official identification document issued by the former Republic of Yugoslavia;
3. other documents that could contribute to the determination of the nationality or citizenship of the person concerned (driver's licenses or other);
4. a document certifying a consular registration, a certificate of nationality or citizenship, a civil status certificate or a birth certificate, issued by UNMIK;
5. a passport of an enterprise;
6. duplicate copy/copies of the documents referred to under 2. 4. above;
7. the language in which the person is expressed;
8. a statement of a witness in good faith;
9. the statement by the person concerned.
When these documents or elements are presented, the Parties agree the nationality or citizenship for granted, unless the requested party can demonstrate the contrary.
(3) If none of the documents or elements referred to in paragraphs (1) and (2) can be presented, the requesting party may ask the party required to perform a search in the registry of the population of the requested Party. A positive result of this research is considered to be the proof referred to in paragraph (1).
(4) If none of the documents, elements or data referred to in paragraphs (1), (2) and (3) can be presented, but if in the opinion of the requesting party there is a presumption on the nationality or citizenship of the person to resume, the competent authorities of the requested Party shall take necessary measures to determine the nationality or citizenship of the person concerned. Therefor the diplomatic or consular post of the requested Party mission accredited to the part applicant will proceed to a hearing of the person concerned in order to determine whether it was a clean national or a citizen.
(5) If, for technical or factual reasons, the diplomatic or consular mission of the requested Party accredited to the applicant is unable to hear the person concerned, this task will be performed by an expert designated by mutual agreement, either by a delegation invited the part required and accredited to the applicant or exceptionally.
ARTICLE 6 evidence concerning nationals of a third State (1) evidence that it satisfies the conditions listed in article 3 concerning the readmission of nationals of a third State may be made by the means of evidence listed below: 1. visa or valid residence permits by the requested Party;
2. visas or residence permits issued by the requested Party, the term of validity has expired for less than two years;
3 stamps input and/or output or similar annotations in the travel document of the person concerned to prove his entry or his stay on the territory of the requested Party or its; entrance on the territory of the requesting party from the territory of the requested Party (his travel itinerary)
4. preference documents issued by the requested Party, (e.g.: driver's licence, certificate of legitimation);
5. documents of civil status or registration on the territory of the requested Party;
6. copies of the documents referred to under 1. 5. above.
Evidence above are recognized without further formalities between the Parties.
(2) prima facie evidence that it is meets the conditions for readmission of nationals of a third State, listed in article 3, is provided through the documents or the following evidence: 1. banknotes of preference transport, parts or invoices if they testify the entry or residence of the person concerned on the territory of the requested Party or allow to prove his entry on the territory of the requesting party from the territory of the requested Party) for example: hotel notes, appointment cards for a consultation of doctor/dentist, passes in public/private institutions, lists of passengers to travel by plane or boat);
2. information showing that the person concerned has used the services of an attendant travel or a travel office;
3. official statements in particular of agents at the border of the requested Party and other officials may testify that the person concerned has crossed the border the part required;
4. official statements by government officials for the presence of the person concerned on 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 the circumstances in which the person concerned has been intercepted after entering the territory of the requesting party;
7. information which has been provided by an international organization concerning the identity and residence of the person concerned on the territory of the requested Party or the route it has followed from the territory of the requested party to the requesting party;
8. a witness statement made by a person that accompanied the person concerned during his trip.
9. statements by the person concerned;
10. for other parts (for example non-nominal input boards) or credible information to make assume enough stay or transit the territory of the requested Party.
If this prima facie evidence is provided, the Parties understand that the conditions are met unless the requested party can prove otherwise.
ARTICLE 7 time limits (1) demand for resumption of an own national or a citizen may at any time be made by the competent authority of the requesting party, where it has been established that the person concerned does not fulfil or no longer fulfils the conditions of entry and/or residence on the territory of the requesting party.
(2) the application for readmission of a national of a third State must be presented by the competent authority of the requesting party within a maximum period of one year after the applicant had knowledge of the fact that this person does not meet or no longer meets the conditions of entry and/or residence on the territory of the requesting party. Where are legal or factual obstacles to the application being submitted in time, the period is extended upon request, but only until the moment where the obstacles have ceased to exist.
(3) an application for resumption or readmission must be answered within a reasonable time and, in any case, within a maximum period of 28 days calendar. The refusal of an application for resumption or readmission must be motivated. The time limit begins to run from the date of

receipt of the request for recovery or readmission. The expiration of this time limit, the transfer is deemed to be approved.
(4) the results of a search in the register of the population, referred to in article 5, paragraph (3), shall be transmitted without delay to the requesting party, and at the latest within 7 days calendar from the date of the request.
(5) after approval, where appropriate, upon expiry of the period of 28 days calendar, the applicant transfers without delay the person whose resume or readmission has been accepted, and in any case no later than within the period of three months. This period may be extended upon request also a long time required by legal or practical obstacles.
(6) at the request of the requesting party, the requested Party shall on behalf of the person to be transferred without delay, but no later than within three working days, necessary for his return travel documents with a period of validity of three months. If the requested Party may not issue the travel document within a period of three working days following the date of receipt of the request, it is deemed to accept the use of a travel document issued by the requesting party. If, for legal or factual reasons, the person cannot be transferred within the period of validity of the travel document initial issued by the requested Party, it shall issue a new travel document with the same period of validity within three working days.
ARTICLE 8 transfer modalities and modes of transportation (1) before transferring a person, the competent authorities of the requesting Party shall in writing inform the competent authorities of the requested Party of the date and the terms of the transfer, as well as of the possible use of escorts.
(2) no means of transportation, whether by air, land or sea, is prohibited, but so general, the return takes place by air. The transfer by air can be done in the context of scheduled flights or charter flights.
ARTICLE 9 transit Operations (1) the Parties shall authorise the transit of nationals of a third through their territory State, if another party so requests, when the onward journey in possible other States of transit and the readmission by the State of destination is assured.
(2) the Parties shall endeavour to restrict transit of nationals of a third State in cases where such persons cannot be remote directly to the country of destination.
(3) transit can be refused by the Parties: 1. If a national of a third State runs a real risk of being subjected to torture, to inhuman or degrading treatment, to the death penalty or punishment or can be prosecuted because of his race, religion, nationality, membership in a particular social group or his political convictions in the State of destination or another State of transit;
2. If a national of a third State subject to a criminal prosecution or execution of a criminal judgment in the territory of the requested Party.
(4) the Parties may withdraw an authorisation issued if circumstances referred to in subsection (3), which would prevent the transit occur or become known subsequently, 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 applicant resumed its territory without delay the person concerned.
ARTICLE 10 Procedure for transit (1) any request for transit shall be addressed in writing to the competent authorities and shall contain the following information: 1. the type of transit (by air, land or maritime), other potential transit States and the State of final destination;
2. the personal data of the person concerned (name, surname, date of birth, and, where appropriate, place of birth, nationality, nature and number of the travel document);
3. the envisaged border crossing point, time of transfer and possible use of escorts;
4. a statement indicating that, from the point of view of the applicant, the conditions laid down in article 9, paragraphs (1) and (2) are met and that no reason justifying a refusal within the meaning of article 9, paragraph (3), is known.
(2) the competent authority of the requested Party shall inform, without delay and in writing, the competent authority of the requesting Party of the admission, confirming the border crossing point and proposed admission date, or inform it of the admission refusal and of the reasons for this refusal.
(3) where the transit takes place by air, the person to transit and possible escorts will be granted the necessary facilities to access the area national or international airport of the requested Party.
(4) the competent authorities of the requested Party, subject to mutual consultations, support the transit, in particular through monitoring of the persons concerned and by the provision of equipment appropriate to that effect.
ARTICLE 11 costs without prejudice to the right of the competent authorities to recover the costs associated with the resumption or the readmission from the person to resume or to be readmitted or third parties, all transport costs up to the border of the State of final destination, in the context 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 insofar as this communication is necessary for the execution of this agreement by the competent authorities of the Parties.
The treatment of the personal data, in the present case, is governed by the law of the Republic of Kosovo and, where the processing is performed by a competent authority of a State of Benelux, by the provisions of Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of data personal and the free movement of such data , and of national legislation adopted pursuant to this Directive. In addition, the following principles shall apply: 1. the personal data must be processed fairly and lawfully;
2. the personal data must be collected for the purpose specified, explicit and legitimate of the implementation of this agreement and not further processed by the authority communicating or by the recipient in a way incompatible with that purpose;
3. the personal data must be adequate, relevant and not excessive in relation to the purposes for which they are collected and for which they are further processed; in particular, personal data communicated may relate to the following information:-the particulars of the person to be transferred (the name of family, the first name, former name, nickname or alias, date and place of birth, sex, nationality or current citizenship and any nationality or previous citizenship);
-the identification card or passport (serial number, period of validity, the date, the authority and place of issuance);
-the places of residence and routes;
-other information necessary for the identification of the person to be transferred or for the review of recovery or readmission requirements provided for in this agreement;
4. the personal data must be accurate and, where necessary, updated;
5. personal data must be kept in a form which permits identification of data subjects for a period no longer than is necessary for the purposes for which they are collected or further processed;
6. both the authority which shall communicate the data that the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this article, in particular because the data are not adequate, relevant, accurate, or they are excessive in relation to the purposes for which they are processed; This includes the notification to the other party of any rectification, erasure or blocking;
7. upon request, the recipient shall inform the authority which have communicated the data of the use which has been made and the results obtained;
8. the personal data can be communicated to the competent authorities; further communication to other bodies requires the prior consent of the authority of their communication;
9. the authority of data transmission and reception are required to undertake a written communication and reception of data personal record.
ARTICLE 13 non-affection Clause this Agreement shall not affect the obligations: 1. 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 on extradition and transit;
3. of the Convention of 4 November 1950 for the safeguarding of the rights of man and fundamental freedoms;
4. the international Covenant on 19 December 1966 on Civil and political rights;
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. the European Community law including the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders and the Convention implementing the Schengen agreement of 19 June 1990;
8. of international conventions on asylum, notably by Regulation (EC) No. 343 / 2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a national of a third country;
9 conventions and international agreements on the readmission of foreign nationals. This applies in particular to annex 9 to the Chicago Convention of 7 December 1944.
ARTICLE 14 Committee of experts (1) the Parties shall assist each other for the application and interpretation of this agreement. To this end, they shall set up a Committee of experts in particular: 1. to monitor the implementation of this agreement;
2. to make proposals to address the problems posed by the application of this agreement;
3. to propose amendments and supplements to this agreement;
4. to develop and recommend appropriate measures to fight against illegal immigration.
(2) the Parties reserve to approve or disapprove the measures proposed by the Committee of experts.
(3) the Committee shall consist of one representative for the Belgium, a representative for the Luxembourg, a representative for the Netherlands and three (3) representatives to the Republic of Kosovo. The Parties will designate president and his deputies.
Alternate members are appointed. If necessary, other experts may be associated with the work of the Committee.
(4) the Committee shall meet where necessary on a proposal by one of the Parties.
ARTICLE 15 application protocol all the practical arrangements for the application of this Agreement shall be adopted in the application protocol. The application protocol rule including: 1. the designation of the competent authorities;
2. the designation of the border crossing points;
3. the conditions applicable to the transit under escort of persons to resume or to readmit or transit.
ARTICLE 16 territorial Application with regard to the Kingdom of 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 Kingdom of Belgium, depositary of this agreement, which shall inform the other Parties.
ARTICLE 17 entry into force (1) this Agreement shall enter into force the first day of the second month following the date of receipt by the Government of the Kingdom of Belgium notifications of two signatory States, which is the Republic of Kosovo, meaning the accomplishment of the internal procedures required for its entry into force.
(2). in respect of any signatory State, this agreement is effective the first day of the second month following the date of receipt by the Government of Kingdom of Belgium of the notification of completion of the internal procedures required for its entry into force.
(3) the Government of Kingdom of Belgium informed each of the signatory States of the notifications referred to in paragraphs (1) and (2) and the dates of entry into force of this agreement for those Parties.
ARTICLE 18 Suspension, denunciation (1) this agreement is 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 Kingdom of Belgium, which shall inform the other Parties, on serious grounds in particular due to the protection of the security of the State, public order or public health. The Parties shall inform each other without delay, through diplomatic channels, of the lifting of such a measure.
(3) the suspension of this Agreement shall take effect on the first day of the first month following the month when the Government of the Kingdom of Belgium has received the notification referred to in paragraph (2).
(4) after by giving notification to the Government of Kingdom of Belgium, which will inform the other Parties, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Republic of Kosovo may terminate this agreement for serious reasons.
(5) the denunciation of this Agreement shall take effect the first day of the second month following the month where the Government of the Kingdom of Belgium has received the notification referred to in subsection (4).
ARTICLE 19 depositary the Government of Kingdom of Belgium is the depositary of this agreement.
IN witness whereof, the representatives of the Parties, duly authorized, have signed this agreement.
DONE at Brussels on May 12, 2011, in languages English, French, Dutch, Albanian and Serbian languages, each text being equally authentic. In case of divergence of interpretation the English version (language of work) will prevail.
The original shall be deposited with the Government of the Kingdom of Belgium, depositary of the present agreement, which ship a certified copy conform to all Parties.
_ Note (1) Regulation (EC) no 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the information system on visas (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ L 218, August 13, 2008. p. 60.

PROTOCOL FOR THE APPLICATION OF 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 IN THE MATTER OF THE RECOVERY AND THE READMISSION OF PERSONS IN IRREGULAR (RECOVERY AND READMISSION AGREEMENT) THE KINGDOM OF BELGIUM, THE GRAND DUCHY OF LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS, AND THE REPUBLIC OF KOSOVO "", hereinafter referred to as "the 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 BENELUX States) and the Republic of Kosovo on to the resumption and the readmission of persons in irregular, hereinafter referred to as 'the agreement', have agreed upon the following : ARTICLE 1 Definitions for the terms of the present application protocol, is meant by: 1. diplomatic representation: the diplomatic representation of the part required in the territory of the requesting party;
2 escort (s): the person (or persons) designated by the applicant and responsible party (s) to escort the person to resume or to readmit or transit.
ARTICLE 2 request for resumption or readmission (articles 4 and 7, subsection (3) of the agreement) 1. Recovery or readmission applications shall be submitted by fax or by electronic means to the competent authority of the requested Party. This application contains the information referred to in article 4 of the agreement.
2. the request for recovery is introduced using the form attached in annex 1reA to this application protocol. The readmission application shall be submitted using the form attached in annex 1reB to this Protocol of application.
3. If the conditions referred to in article 4, paragraph (4), of the agreement are met, a written communication with the form attached as annex 3 to this Protocol of application is sufficient.
4. the applicant addressed to the competent authority of the requested party to provide as well as to collect information regarding recovery and introduced readmission application.
5. the response to a request for resumption or readmission is forwarded by fax or by electronic means to the competent authority of the requesting party by making use of the form shown in annex 1 A or 1 B of this Protocol for the application.
ARTICLE 3 Travel Documents (article 7, paragraph (6) of the agreement) 1. If there is agreement at the request of recovery or readmission, required for return travel documents are established on behalf of the person to be transferred, in accordance with article 7, paragraph (6) of the agreement and handed over to the competent authorities of the requesting party by the diplomatic representation.
2. in article 7, paragraph (6), of the agreement, the requested Party is deemed to accept the use of a travel document issued by the requesting party, if diplomatic representation may not issue the travel document requested within the time limit of three working days from the date of receipt of the relevant application. Documents that the Parties will use for this purpose are attached in annexes 4 and 5 to this Protocol for the application.
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 by electronic means, at least two business days before the transfer envisaged his intention to do so. To this end, it is made use of the form attached in annex 2 to the Protocol for the application.
2. If the transfer of the person to resume or readmit cannot be carried out within the period of three months referred to in article 7, paragraph (5), of the agreement, the applicant shall inform without delay the competent authority of the requested Party.
3. when medically justified transport by land or sea, the competent authorities of the requesting party indicated on the form

Joint in annex 2 to the Protocol for the application.
SECTION 5 Procedure for the transit of the nationals of a third State or stateless persons (articles 9 and 10 of the agreement) 1. The request for transit shall be submitted at least two days before the transit planned by fax or by electronic means to the competent authority of the requested Party. Applications shall be submitted using the form attached in annex 6 to this application protocol.
2. the competent authority of the requested Party shall communicate immediately by fax or electronically if it accepts the transit and the date envisaged, the point of border crossing, the mode of transport and the use of escorts. To this end, it is made use of the form indicated in paragraph 1 of this article.
3. the transit takes place in principle by air.
ARTICLE 6 support for transit (article 10, paragraph (4) of the agreement) 1. If the applicant deems necessary support for transit by the authorities of the requested Party, indicated in the form attached in annex 6 to this application protocol.
2. on the occasion of the response to the request for transit, the requested Party shall communicate if it can provide the requested support.
The Parties shall consult as required for this purpose.
3. If the person concerned is escorted, guard and boarding are provided by this escort under the authority of the requested Party.
ARTICLE 7 Obligations of escorts (article 15, under 3 of the agreement) 1. When the transit operation, the powers of the escorts are limited to self-defence. Moreover, in the absence of agents of the requested Party competent in the matter or to bring assistance, the escort may take reasonable actions and proportionate to respond to a risk serious and immediate in order to prevent that the person concerned is not leaking, does affect itself or a third party or cause damage to property.
2. in all the circumstances, the chaperone shall respect the right of the requested Party.
3. the escort accomplishes its mission unarmed and in civilian clothes. It must have a document that certifies that an authorization has been issued for the recovery or readmission or for transit and must be able to prove his identity and his habilitation at any time.
4. the authorities of the requested party ensure escort during the exercise of his mission as part of the agreement the same protection and the same assistance as their own appropriate officials in the matter.
ARTICLE 8 Designation of the competent authorities (article 15, under 1 of the agreement) in accordance with article 15, under 1, of the agreement, the Parties exchange written to no later than 30 days after the conclusion of the Protocol of application a list of the competent authorities for the implementation of the agreement.
They exchange without delay any changes to this list.
ARTICLE 9 appointment of the border crossing points (article 15, under 2 of the agreement) in accordance with article 15, under 2, of the agreement, Parties shall notify each other in writing, no later than 30 days after the conclusion of the Protocol of implementation, the border crossing points by which people are actually transferred and accepted. They exchange without delay any changes to this list.
ARTICLE 10 costs (article 11 of the agreement) on production of an invoice, the requesting Party shall reimburse the costs incurred by the requested Party for the resumption or readmission and transit, which shall be borne by the applicant under article 11 of the agreement.
ARTICLE 11 Committee of experts (article 14 of the agreement) within thirty days of the entry into force of the agreement, the Parties shall communicate to each other the composition of their delegation to the Committee of experts, established pursuant to article 14 of the agreement. They exchange without delay any change in their delegation.
ARTICLE 12 language the Parties communicate with each other in English.
ARTICLE 13 amendment of annexes 1.
Annexes 1 to 6 included are an integral part of the application protocol.
2. any amendment of the annexes to the present Protocol of application will be a written decision to the Parties and shall enter into force at a date to be fixed by the Parties.
ARTICLE 14 entry into force and termination this memorandum of application is applied in accordance with articles 17 and 18 of the agreement and denounced at the same time as the denunciation of the agreement.
ARTICLE 15 depositary the Kingdom of Belgium is the application protocol present that in ship certified copies to all Parties.
Done at Brussels on May 12, 2011, in languages English, French, Dutch, Albanian and Serbian languages, each text being equally authentic. In case of divergence of interpretation the English version (language of work) will prevail.
States / organizations Date Authentication Type of consent Date consent entry force local Belgium 12/05/2011 Notification 15/01/2014 01/04/2014 KOSOVO 12/05/2011 Notification 21/02/2014 01/04/2014 LUXEMBOURG 12/05/2011 Notification 06-12-2012 01/04/2014 Netherlands 12/05/2011 Notification 15 / 12 / 2011 01 / 04 / 2014 for consultation of the table see image