Law Approving The Agreement Between The Benelux States (The Kingdom Of Belgium, The Grand Duchy Of Luxembourg, The Kingdom Of The Netherlands) And The Republic Of Armenia On The Readmission Of Persons In Irregular Stay, And The Protocol Of Applica

Original Language Title: Loi portant assentiment à l'Accord entre les Etats du Benelux (le Royaume de Belgique, le grand-duché de Luxembourg, le Royaume des Pays-Bas) et la République d'Arménie relatif à la réadmission des personnes en séjour irrégulier, et au Protocole d'applica

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Posted the: 2012-07-25 Numac: 2012015093 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE March 29, 2012. -Law on consent to the agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia on the readmission of persons residing without authorisation and the application protocol, made in Brussels on June 3, 2009 (1) ALBERT II, King of the Belgians, to all, present and future, 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 Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia on the readmission of persons in irregular stay, and application protocol, made in Brussels on 3 June 2009, 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 in Brussels on 29 March 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS Minister the Justitie, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, Ms. M. BLOCK seen and sealed with the seal of the State: the Minister of the Justitie, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Senate.
Records bill filed December 1, 2011, no. 5-1371/1.
Report made on behalf of the Committee 5-1371/2.
Parliamentary Annals Discussion, meeting of January 26, 2012.
Vote, meeting of January 26, 2012.
Room.
Documents draft transmitted by the Senate, no. 53-2024/1.
Report on behalf of the commission 53-2024/2.
Text adopted in plenary meeting and submitted to Royal assent 53-2024/3.
Parliamentary Annals Discussion, meeting of March 1, 2012.
Vote, meeting of March 1, 2012.

Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia on the readmission of persons in irregular stay.
THE BENELUX States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands), acting in concert under the provisions of the Benelux Convention of April 11, 1960 and the Republic of Armenia, hereinafter referred to as "the Contracting Parties", desiring to facilitate the readmission of persons residing illegally on the territory of another Contracting Party, i.e. of persons who do not meet or cease to fulfil the conditions for entry or residence into force as well as transit people to repatriate in a spirit of cooperation and on the basis of reciprocity, are agreed by the following: Article 1 Definitions and scope (1) under the terms of this agreement is meant by territory 1.
Benelux: all territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2. of the Republic of Armenia: the territory of the Republic of Armenia.
(2) under the terms of this agreement is meant by: 1. 'person illegally': any person who is within the territory of the requesting contracting party does not meet or no longer meets the conditions for entry or stay in force;
2. "third State": any State other than a State of Benelux and the Republic of Armenia;
3. "national of a third State': any person who is not a national of one of the States of the Benelux or the Republic of Armenia;
4. 'stateless': the person whose status is defined by the Convention on the status of stateless persons of 28 September 1954;
5 ' borders':-the first crossed border which is not common to the Contracting Parties;
-any airport or any seaport located on the Benelux territory or on the territory of the Republic of Armenia which is a movement of persons coming from or to a third State.
Article 2 Readmission of nationals (1) each Contracting Party shall readmit within its territory without any formality at the request of the other Contracting Party, any person illegally when it can be proved or validly presumed that she has the nationality of the contracting party required.
(2) at the request of the requesting contracting party, in accordance with the provisions of article 4, the requested Contracting Party shall issue travel documents for deportation of persons to be readmitted within a period of three working days.
(3) the requesting Contracting Party shall readmit the person under the same conditions, if a subsequent audit discloses that she did not possess the nationality of the requested Contracting Party at the time of his exit from the territory of the requesting contracting party.
Article 3 Readmission of nationals of a third State or of stateless persons (1) each Contracting Party shall readmit within its territory at the request of the other Contracting Party and without formality, nationals of a third State or stateless persons who do not respond or responding more to the conditions for entry or stay in the territory of the requesting Contracting Party where it can be proved or validly alleged that these people, at the time when their illegally has been found on the territory of the requesting contracting party, had the right to reside regularly in the territory of the requested Contracting Party.
(2) at the request of the requesting contracting party, in accordance with the provisions of article 4, the requested Contracting Party shall issue travel documents for deportation of persons to be readmitted within a period of three working days.
Article 4 identity and nationality (1) the identity and nationality of a person to be readmitted under the procedures provided for in paragraph (1) of article 2 and paragraph (1) of article 3 can be proven by the following documents:-a national identity document valid.
-a passport or a travel document with photograph (passes) in lieu thereof valid;
-a military identity document or other document of identity of the personnel of the armed forces with a photograph of the holder, valid;
-a document as described above, the term of validity is expired on the date of receipt of the readmission application.
(2) the identity and nationality are validly assumed under the following documents:-one official document other than the documents described in the previous paragraph, to establish the identity of the person concerned (a driver's license or other);
-a document certifying a consular registration, a certificate of nationality or a certificate of civil status.
(3) the presumption of identity and nationality may also be supported by one of the following:-a report from a witness to good faith, prepared by the competent authorities of the requesting contracting party;
-other documents to establish the identity of the person concerned;
-photocopies of the documents described above;
-the minutes of the hearing of the person concerned, duly established by the competent authorities of the requesting contracting party;
-the language in which is expressed the person concerned.
Article 5 submission of the readmission application (1) any request for readmission will be made in writing and include 1.
the personal data of the person concerned (name, first name, any previous names, nicknames and pseudonyms, aliases, date and place of birth, sex and last place of residence);
2. the description of the passport or travel document taking place (including serial number, place and date of issue, period of validity, the issuing authority) and/or any other documentary evidence to the establishment or the evidence of the nationality of the person concerned;
3. two photographs.
(2) the requesting Contracting Party may submit to the requested Contracting Party any other useful piece of information to the readmission procedure.
(3) the readmission application will be submitted to the diplomatic or consular mission of the requested Contracting Party and will include the documents listed in the application for readmission.
A record of deposit / received the request and the documents attached to the application will be established.
Article 6 time limits (1) the requested Contracting Party answers without delay to readmission requests addressed to him, in any case within a maximum period of 30 days.
(2) the requested Contracting Party shall readmit within its territory without delay the person whose readmission has been accepted, the maximum period is one month. At the request of the requesting contracting party, this period may be extended as long dictated by legal or practical obstacles.
Article 7 foreclosure of the readmission obligation (1) the readmission of a national of one of the Contracting Parties request may be made at any time.
(2) the application for readmission of a national of a third State or a stateless person must be made within a period of one year from the date on which the Contracting Party has established the entry and the presence of that person on its territory.
Article 8 Transit (1) without prejudice to article 12, the Contracting Parties allow the transit of nationals of third States or stateless persons through their territory, if requested by another Contracting Party and their transit through potential third States and their admission to the State of destination is guaranteed.
(2) it is not necessary

that the requested Contracting Party shall issue a transit visa.
(3) transit can be refused by the Contracting Parties or nationals of a third State or stateless persons in the State of destination or another State of transit may be subject to torture, inhuman or degrading treatment, of the death penalty, persecution because of his race, religion, its origin or nationality membership in a social group or his political convictions.
(4) despite the authorization given, persons admitted for purposes of transit may be delivered to the other Contracting Party, if the conditions as referred to in subsection (3) of this article or in article 12 are likely to prevent the transit or come to be known, or if the onward journey or admission to the State of destination is no longer guaranteed.
(5) the Contracting Parties shall endeavour to restrict transit operations, as described in paragraph (1) above, to nationals of third States or stateless persons who cannot be directly returned to their country of destination.
Article 9 Data Protection the communication of personal data will only intervene in the case where such communication is necessary for the application of this agreement by the competent authorities of the Contracting Parties. The use of the personal data with regard to an individual case, will be subject to the legislation of the Republic of Armenia and, where control is exercised by a competent authority of one of the States of the Benelux, to the provisions of Directive 95/46/EC of 24 October 1995 on the protection of data personal and on the free movement of such data , and the national laws of that State adopted pursuant to this Directive. In addition, the following principles shall apply: 1. the personal data will be processed in accordance with the law and equity;
2. the personal data will be collected for the purpose clear, explicit, and contribute to the implementation of this agreement; These data will be processed by the authority which have access them or which received them, in a manner inconsistent with this objective.
3. the personal data must be adequate, relevant, and without excess to the objective for which they were collected or used; in particular, personal data will only concern the following:-concrete data on the person to be readmitted (for example surname, forename, any previous names, nickname or alias; date and place of birth, sex, current or past nationality);
-identity card or passport (serial number, period of validity date of issue authority which issued it, place of issue);
-transit locations and routes followed;
-any other information necessary for the identification of the person to be readmitted or consideration of readmission applications, in accordance with this agreement;
4. the personal data must be accurate and, where necessary, kept up to date;
5. the personal data presented in a form which permits identification of data subjects, cannot be kept longer than necessary for the achievement of the objectives for which they have been collected and used;
6. both the authority which communicates data that person receiving the blendstock will take all reasonable measures to ensure if necessary, correct, delete or block the personal data, where their treatment would not meet the provisions of this article; in particular, when data are not adequate, relevant, and accurate or they are excessive in relation to the objective pursued by their treatment. This includes wearing to the attention of the other Contracting Party any rectification, deletion or blocking;
7. If the authority which provided the data requested, the authority that receives will inform him of the use made of these data and the results obtained;
8. personal data may be communicated only to the competent authorities. Any other communication to other forums is subject to the prior consent of the authority which provided the data;
9. both the authority which provided the data that that received them are subject to the obligation to register in writing the communication and receipt of personal data.
Article 10 expenses (1) the transport of persons who are readmitted in accordance with articles 2 and 3 are borne by the requesting contracting party to the border of the contracting party required, as well as costs related to recovery as referred to in article 2, paragraph (3).
(2) costs of transit to the border of the State of destination and where applicable, expenses arising from the return trip are borne by the Contracting Party applicant in accordance with article 8.
Article 11 Committee of experts (1) the Contracting Parties shall assist each other in the application and interpretation of this agreement. To this end, they create a Committee of experts: 1. to monitor the implementation of this agreement;
2. to present proposals for solutions to the problems related to the application of this agreement;
3. to formulate proposals to amend and supplement this agreement;
4. to develop and recommend appropriate measures to fight against illegal immigration.
(2) the Contracting Parties reserves to approve the measures proposed by the Committee.
(3) the Committee shall consist of three representatives for the Benelux and a representative for the Republic of Armenia. The Contracting Parties shall designate among them president and his deputies. In addition, they designate alternate members. Other experts may be associated with the consultations.
(4) the Committee meets when needed on the proposal of one of the Contracting Parties.
Article 12 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 on safeguarding of rights of man and fundamental freedoms;
4. the European Community law for the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
5. of 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;
6. of international conventions on asylum, and of Regulation (EC) No 343 / 2003 of the Council of 18 February 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;
7 conventions and international agreements on the readmission of foreign nationals.
Article 13 application protocol all practical arrangements necessary for the application of this Agreement shall be adopted in the application protocol.
Article 14 territorial Application with regard to the Kingdom of the Netherlands, the application of this agreement may be extended to the Netherlands Antilles and Aruba by a notification to the Government of the Kingdom of Belgium depositary of the present agreement, which will inform the other Contracting Parties.
Article 15 entry into force (1) this Agreement shall enter into force the first day of the second month following the date of receipt of the notification by which the last of the Contracting Parties will be served on the Government of the Kingdom of Belgium the accomplishment of the internal procedures required for its entry into force.
(2) the Government of the Kingdom of Belgium shall notify each of the Contracting Parties the notifications referred to in paragraph (1) and the date of the entry into force of this agreement.
Article 16 Suspension, denunciation (1) this agreement is concluded for an unlimited period.
(2) the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Republic of Armenia may, after giving notice to the Government of the Kingdom of Belgium, which will inform the other Contracting Parties, suspend this agreement for important reasons, including for reasons connected with the protection of the safety of I' State, public order or public health. The Contracting Parties shall inform without delay, through diplomatic channels, of the lifting of such a measure.
(3) the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Republic of Armenia may, after having notified the Government of the Kingdom of Belgium, which will inform the other Contracting Parties, terminate this agreement in accordance with the provisions and principles of international law.
(4) the suspension or denunciation of this Agreement shall take effect on the first day of the second month following the month when the Government of the Kingdom of Belgium has received the notification respectively referred to in subsection (2) and paragraph (3).
Article 17 depositary the Government of the Kingdom of Belgium is the depositary of this agreement.
In faith whereof the representatives of the Contracting Parties, duly authorized to that effect, have affixed their signatures at the bottom of this agreement.

Done at Brussels on June 3, 2009, in French languages, Dutch and Armenian, each of the three texts being equally authentic. In case of divergence of interpretation, the French version shall prevail.
The original shall be deposited with the Government of the Kingdom of Belgium, depositary of the present agreement, which will broadcast certified copies thereof to the other parts of this agreement.

Protocol for the APPLICATION of the agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia on the readmission of persons in irregular stay (readmission agreement).
OF the BENELUX States (the Kingdom of Belgium, the Grand Duchy of Luxembourg) and the Kingdom of the Netherlands and the Republic of Armenia, for the purposes of implementation of the agreement of June 3, 2009 between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg) and the Kingdom of the Netherlands and the Republic of Armenia on the readmission of persons in irregular stay , Have agreed as follows: Article 1 application (1) applications for readmission are made when the identity and nationality of the person to be readmitted are proved or validly presumed in accordance with article 4 of the agreement. They are introduced in accordance with article 5 of the agreement.
(2) the requesting contracting party submit to the competent authority of the contracting party required an application.
(3) the application shall contain:-the name and address of the competent authority of the requesting contracting party, the file number and the date of the application;
-the name and address of the competent authority of the requested Contracting Party;
-the following chapeau: "we are seeking as the person whom he has reason to believe that there is towards it an obligation of readmission within the meaning of articles 2 or 3 of the agreement, is readmitted on the territory of the Kingdom of Belgium (the Grand Duchy of Luxembourg / of the Kingdom of the Netherlands / of the Republic of Armenia) ';
-data relating to the person to be readmitted;
-indications concerning minor children where appropriate;
-the signature of the representative and the official seal of the requesting competent authority of the Contracting Party.
(4) the data concerning the person to be readmitted are as follows: 1. personal data:-name and surname;
-date of birth;
-the place and State of birth;
-sex;
-the place of last residence on the territory of the requested Contracting Party;
-the previous names, nicknames or pseudonyms where appropriate;
2. the description of the passport or travel document in lieu (including serial number, place and date of issue, period of validity, the issuing authority) and /or any other document to prove or validly assumed the nationality of the person concerned;
3. two (2) photographs of identity.
(5) particulars of minor children:-the name and forenames;
-the relationship with the holder of the travel document;
-the day, month and year of birth;
-place of birth.
To join:-extract of birth for the child born on the territory of the requesting contracting party;
-for the child born on the territory of another State, the birth certificate, if possible;
-a photo for each child over the age of five (5) years.
Article 2 response to the application (1) the competent authority of the Contracting Party requested shall inform the requesting competent authority of the Contracting Party the response for the request within the time limits provided for in article 6 of the agreement.
(2) the response to the request contains:-the name and address of the competent authority of the requested Contracting Party, the file number and the date of the response to the request;
-the name and address of the competent authority of the requesting contracting party;
-the name and surname, place and date of birth of the person concerned;
-the statement that there are readmission obligation of the person concerned within the meaning of the provisions of articles 2 or 3 of the agreement, or - in the event of a negative response, an explanatory note indicating that investigations have failed to prove the identity of the person concerned or that the obligation of readmission within the meaning of articles 2 or 3 is not applicable.
Article 3 travel document (1) the requesting competent authority of the Contracting Party shall forward to the diplomatic mission or consular of the requested Contracting Party the positive response to the request for travel.
(2) the diplomatic mission or consular of the requested Contracting Party shall issue, in the light of the positive response to the request, travel to the person whose readmission has been authorized.
(3) the travel document has a period of validity of at least one (1) month.
(4) where it is not able to actually deliver a person before the expiry of the period of validity of the travel document, the requesting competent authority of the Contracting Party shall notify the competent authority of the contracting party required. As soon as the effective surrender of the person concerned may be carried out, the competent authority of the contracting party required provides a new travel document, again with a validity period of one (1) month, within five (5) working days of a request to that end by the competent authority of the Contracting Party applicant.
Article 4 readmission Procedure (1) the requesting competent authority of the Contracting Party shall inform the competent authority of the contracting party required the return of the person concerned three (3) working days before the date set for the return.
(2) this notice is addressed in writing and contain the following particulars:-name and address of the competent authority of the requesting contracting party, the file number and the date of the notice of the return;
-the name and address of the competent authority of the contracting party required: 1. in the case of transport by air, the following introductory text: "we have the honour to inform you that the person responding to the indications listed below, will be returned to the Kingdom of Belgium (in the Grand Duchy of Luxembourg / the Kingdom of the Netherlands / to the...). le ....... (jour, mois année), starting from the airport of... by the flight... of... p.m., arriving at the airport from... to... h.»
2. where, for justified medical reasons, the transport is done by land, the introductory part of the text of the notice of return of the person concerned is worded as follows: ' we have the honour to inform you that the person responding to the indications listed below, will be returned to the Kingdom of Belgium (in the Grand Duchy of Luxembourg / the Kingdom of the Netherlands / in the Republic of Armenia) the...» (day, month year), through the international border crossing of...;
-the name, forenames, date and place of birth of the person;
-the file number and the date of the response of the application;
-where appropriate, the indication that it is a person requiring treatment because of his State of health or age, or specific care.
-where appropriate, the indication that it is a person that can cause incidents, to ensure the necessary escort.
(3) in case she would have been unable to meet the deadline enshrined in article 6, paragraph (2), of the agreement for the surrender of the person concerned, the competent authority of the Contracting Party applicant shall inform without delay the competent authority of the contracting party required. As soon as the rehabilitation of the person concerned may be carried out, the competent authority of the requesting contracting party informs the competent authority of the Contracting Party requested, within the period provided in paragraph (1) of this section.
Article 5 posts border crossing places where persons may be effectively submitted and listed under the agreement are: 1 for the Kingdom of Belgium:-for air navigation: Brussels National Airport - for land traffic: the border posts to be determined by the Office of foreigners 2. For the Grand Duchy of Luxembourg:-for air navigation: Luxembourg airport - for land traffic: 3. for the Kingdom of the Netherlands:-for air navigation: Amsterdam Schiphol airport - for land circulation: 4. for the Republic of Armenia:-for air navigation: Yerevan Zvartnots Airport - for land circulation: Article 6 competent authorities (1) the competent authorities for the Belgian Contracting Party are : 1. for the submission of applications to the competent authorities of the Republic of Armenia, the receipt of responses to requests, obtaining from the Embassy of the Republic of Armenia of the travel documents required as well as the sending of the notice of return of the persons concerned:-the federal public Service interior of the Kingdom of Belgium Branch of the Office for foreigners WTC II Chaussée d'anvers 59 b 1000 Brussels phone
: ++ 32 2 206 15 84 cell identification ++ 32 2 - 206 5 46 cell identification fax: ++ 32 2 - 274 66 17 2. for receiving requests from competent Armenian authorities, the response to the requests as well as for the receipt of the notice of return of the persons concerned:-the federal public Service interior of the Kingdom of Belgium Branch of the Office for foreigners WTC II Chaussée d'anvers 59 b 1000 Brussels phone: ++ 32 2 - 206 15 91 Office C ++ 32 2 - 206 15 92 Office C ++ 32 2 - 206 15 94 Office C

++ 32 2 - 206 15 51 Office C fax: ++ 32 2 274 66 11 Office C (2) the Luxembourg competent authority for Contracting Party is: Ministry of Foreign Affairs and the Immigration Division the Immigration p.o. box 752 L - 2017 Luxembourg phone: + 352 478 45 74 ++ 352 478 45 46 fax: ++ 352 22 16 08 (3) the Dutch competent authority for Contracting Party is : Department of Justice IND - of Immigration and Naturalization Service Office Dublin p.o. box 449 NL - 6900 AK Zevenaar phone: ++ 31 31 636 87 24 fax: ++ 31 31 636 86 49 (4) the competent authority for contracting party Armenian is: Ministry of Foreign Affairs instead of Government House Republic - 2, Yerevan 0010, Republic of Armenia phone: ++ 37410 544041 (301) fax: ++ 37410 543925 Article 7 Committee of experts within thirty (30) days following the entry into force of the agreement the competent authorities of the Contracting Parties shall mutually communicate the composition of their delegation to the Committee of experts provided for in article 11 of the agreement.
Article 8 language Contracting Parties communicate in French.
Article 9 final provisions this Protocol shall apply from the date of the entry into force of 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 Armenia, on the readmission of persons in irregular stay.
Done at Brussels on 3 June 2009, in French, Dutch and Armenian languages, the three texts being equally authentic.
In case of divergence of interpretation, the French version shall prevail.

Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia on the readmission of persons in irregular stay, and application protocol, made in Brussels June 3, 2009 (1) EtatsDate authentificationType consentementDate Consentemententree force local ARMENIE03/06/2009Notification BELGIQUE03/06/2009Notification16/04/2012 LUXEMBOURG03/06/2009Notification21/01/2010 country-BAS03/06/2009Notification07/12/2009 (1) this agreement has not yet entered into force in accordance with its section 15.

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