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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

29 MARCH 2012. - An Act to Enact the Agreement between the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence, and the Protocol of Implementation, made in Brussels on 3 June 2009 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence, and the Protocol of application, made in Brussels on 3 June 2009, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 March 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justitie,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration,
Ms. M. DE BLOCK
Seen and sealed the state seal:
The Minister of Justitie,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents
Bill tabled on 1er December 2011, No. 5-1371/1.
Report on behalf of the Commission 5-1371/2.
Annales parlementaire
Discussion, meeting of January 26, 2012.
Voting, meeting of 26 January 2012.
Room.
Documents
Project transmitted by the Senate, No. 53-2024/1.
Report on behalf of the Commission 53-2024/2.
Text adopted in plenary and submitted to Royal Assent 53-2024/3.
Annales parlementaire
Discussion, session of 1er March 2012.
Voting, meeting of 1er March 2012.

Agreement between the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence.
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 11 April 1960
and
THE REPUBLIC OF ARMENIA,
hereinafter referred to as "the Contracting Parties",
ISSUES to facilitate the readmission of persons who irregularly reside in the territory of another Contracting Party, i.e. persons who do not meet or no longer meet the conditions of entry or residence in force, as well as the transit of persons to repatriate in a spirit of cooperation and on the basis of reciprocity,
The following agreed:
Article 1er
Definitions and scope of application
(1) The terms of this Agreement shall be understood by territory
1. Benelux: all the territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2. The Republic of Armenia: the territory of the Republic of Armenia.
(2) Under this Agreement:
1. "person in irregular residence": any person in the territory of the requesting Contracting Party who does not meet or no longer fulfil the conditions of entry or residence in force;
2. "Third State": any State other than a Benelux State and the Republic of Armenia;
3. "national of a third State": any person who is not a national of one of the Benelux States or the Republic of Armenia;
4. "patride": 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 not common to the Contracting Parties;
- any airport or seaport located in the territory of Benelux or in the territory of the Republic of Armenia by which a movement of persons from or to a third State is carried out.
Article 2
Readmission of nationals
(1) Each Contracting Party shall return to its territory without formality at the request of the other Contracting Party, any person in irregular residence where it may be proved or validly presumed to have the nationality of the required Contracting Party.
(2) At the request of the requesting Contracting Party, and in accordance with the provisions of Article 4, the requested Contracting Party shall issue within three working days the travel documents necessary to reappoint persons.
(3) The requesting Contracting Party shall reclaim that person under the same conditions, if a subsequent verification reveals that it did not possess the nationality of the required Contracting Party upon its exit from the territory of the requesting Contracting Party.
Article 3
Readmission of third or stateless nationals
(1) Each Contracting Party shall return to 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 who no longer meet the conditions of entry or residence in the territory of the requesting Contracting Party where it may be proved or validly presumed, that such persons, at the time of their irregular stay, were regularly found in the territory of the requesting Party, had
(2) At the request of the requesting Contracting Party, and in accordance with the provisions of Article 4, the requested Contracting Party shall issue within three working days the travel documents necessary to reappoint persons.
Article 4
Identity and nationality
(1) The identity and nationality of a person to be remitted under the procedures set out in subsection (1) of section 2 and subsection (1) of section 3 may be proved by the following documents:
- a valid national identity document;
- a passport or travel document with photograph (leave-pass) taking place during validity;
- a military identity document or other identity document of the personnel of the armed forces with a photograph of the holder, valid;
- a document as described above, whose validity period is expired on the date of receipt of the application for readmission.
(2) Identity and nationality are validly presumed under the following documents:
- an official document other than the documents described in the preceding paragraph, allowing the identity of the person concerned (a driver's licence or other);
- a document certifying 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 record of a witness in good faith, prepared by the competent authorities of the requesting Contracting Party;
- other documents to establish the identity of the data subject;
- photocopies of the documents described above;
- the report of the person concerned, duly prepared by the competent authorities of the requesting Contracting Party;
- the language in which the person concerned expresses himself.
Article 5
Introduction of readmission application
(1) Any request for readmission will be made in writing and will include
1. personal data of the data subject (name, first name, if any previous names, surnames and pseudonyms, borrowing names, date and place of birth, sex and last place of residence);
2. description of the passport or travel document taking place (including serial number, place and date of issuance, duration of validity, issuing authority) and/or other documentary evidence allowing the establishment or proof of nationality of the person concerned;
3. Two identity photographs.
(2) The requesting Contracting Party may submit to the requested Contracting Party any other information relevant to the readmission procedure.
(3) The request for readmission shall be submitted to the required diplomatic or consular mission of the Contracting Party and shall include the documents listed in the request for readmission. A record of filing/receipt of the application and documents attached to the application will be prepared.
Article 6
Time limits
(1) The requested Contracting Party shall respond promptly to requests for readmission, in any case within 30 days.
(2) The required Contracting Party shall promptly return the person whose readmission has been accepted, but the maximum period shall be one month. At the request of the requesting Contracting Party, this period may be extended as long as legal or practical obstacles require it.
Article 7
Forclusion of readmission obligation
(1) The application for readmission of a national from one of the Contracting Parties may be made at any time.
(2) The application for readmission of a third State or stateless person must be made within a maximum period of one year from the date on which the Contracting Party has found the entry and presence of that person in its territory.
Article 8
Transit
(1) Without prejudice to Article 12, Contracting Parties shall permit the transit of third-country nationals or stateless persons by their territory, if another Contracting Party so requests and their transit by any third-party States and their admission to the State of destination are guaranteed.
(2) It is not essential that the required Contracting Party issue a transit visa.
(3) The transit may be refused by the Contracting Parties in the case of a third State or stateless persons in the State of destination or another transit State may be subjected to torture, inhuman or degrading treatment, death penalty, persecution because of its race, religion, origin or nationality, membership of a social group or political convictions.
(4) Despite the authorization given, persons admitted for transit purposes may be surrendered to the other Contracting Party, if the conditions as referred to in paragraph (3) of that Article or in Article 12 are of a nature to prevent transit or come to be known, or if the continuation of the journey or admission to the State of destination is no longer guaranteed.
(5) The Contracting Parties shall endeavour to limit transit operations, as described in paragraph (1) above, to nationals of third States or stateless persons who cannot be directly transferred to their destination State.
Article 9
Data protection
The communication of personal data will only take place 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 personal data, in respect of an individual case, will be subject to the internal legislation of the Republic of Armenia and, where the control is exercised by a competent authority of one of the Benelux States, the provisions of Directive 95/46/EC of 24 October 1995 on the protection of personal data and the free movement of such data, and the national legislation of that State adopted under this Directive. In addition, the following principles will be applied:
1. personal data will be processed in accordance with the law and fairness;
2. personal data will be collected for the specific, explicit and justified purpose of contributing to the implementation of this Agreement; these data will not be processed by the authority that communicated them or by the authority that received them in a manner inconsistent with this objective;
3. personal data must be adequate, relevant and without excess in relation to the purpose for which they have been collected and/or used; in particular, the personal data provided will only be as follows:
- concrete data relating to the person to be remitted (e.g. name, first name, previous name, nickname or alias; date and place of birth, sex, current or past nationality);
- identity card or passport (serial number, validity period; Date of issue, authority that issued it, place of issue);
- transit sites and routes followed;
- any other information necessary for the identification of the person to be remitted or for consideration of readmission requests in accordance with this Agreement;
4. personal data must be accurate and, where appropriate, up-to-date;
5. personal data presented in a form that allows the identification of the persons concerned, cannot be retained longer than necessary for the achievement of the objectives for which they have been collected and used;
6. both the authority that discloses the data and the authority that receives it shall take any reasonable measures to ensure, in the event of necessity, to rectify, delete or block personal data, in the event that the data is processed would not meet the requirements of that section; in particular, where the data are not adequate, relevant and accurate, or where they are excessive in relation to the objective pursued by their processing. This also includes bringing to the attention of the other Contracting Party any rectification, suppression or blocking;
7. if the authority that has communicated the data so requests, the authority that has received the data will inform it of the actual use of the data and the results obtained;
8. personal data may be submitted only to the competent authorities. Any other communication to other authorities is subject to the prior agreement of the authority that has communicated the data;
9. both the authority that has communicated the data and the authority that has received them are subject to the obligation to record in writing the communication and receipt of personal data.
Article 10
Fees
(1) The transportation costs of persons who are re-administered in accordance with Articles 2 and 3 shall be borne by the requesting Contracting Party to the border of the requested Contracting Party, as well as the recovery costs referred to in Article 2, paragraph (3).
(2) The transit costs to the border of the State of destination as well as, where applicable, the costs resulting from the return trip are borne by the requesting Contracting Party in accordance with Article 8.
Article 11
Committee of Experts
(1) The Contracting Parties shall assist in the application and interpretation of this Agreement. To this end, they set up an expert committee to:
1. to monitor the application of this Agreement;
2. to present solutions proposals to problems related to the application of this Agreement;
3. to formulate proposals to amend and supplement this Agreement;
4. develop and recommend appropriate measures to combat illegal immigration.
(2) The Contracting Parties reserve approval or approval of the measures proposed by the Committee.
(3) The Committee consists of three representatives for the Benelux and a representative for the Republic of Armenia. The Contracting Parties shall designate among them the President and his alternates. They also designate alternate members. Other experts can be associated with the consultations.
(4) The Committee shall meet if necessary on the proposal of one of the Contracting Parties.
Article 12
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. 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 phasing out of common border controls and the Schengen Agreement of 19 June 1990;
6. international asylum conventions, and Council Regulation (EC) No 343/2003 of 18 February 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 national of a third country;
7. international conventions and agreements relating to the readmission of foreign nationals.
Article 13
Application Protocol
All other practical provisions necessary for the application of this Agreement shall be determined in the Protocol of Implementation.
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 to Aruba by notification to the Government of the Kingdom of Belgium depositary of this Agreement, which shall inform the other Contracting Parties.
Article 15
Entry into force
(1) This Agreement shall enter into force on the first day of the second month following the date of receipt of the notification by which the last of the Contracting Parties has served on the Government of the Kingdom of Belgium the performance of the internal formalities required for its entry into force.
(2) The Government of the Kingdom of Belgium shall notify each Contracting Party of the notifications referred to in subsection (1) and of the date of entry into force of this Agreement.
Article 16
Suspension, denunciation
(1) This Agreement shall be concluded for an unlimited period of time.
(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 notification to the Government of the Kingdom of Belgium, informing the other Contracting Parties of this Agreement, suspend this Agreement for important reasons, in particular for reasons relating to the protection of State security, public order or public health. The Contracting Parties shall promptly, through diplomatic channels, form 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 giving notification to the Government of the Kingdom of Belgium, informing the other Contracting Parties, denounce 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 day on which the Government of the Kingdom of Belgium received the notification referred to in subsection (2) and subsection (3) respectively.
Article 17
Depositary
The Government of the Kingdom of Belgium is depositary of this Agreement.
The representatives of the Contracting Parties, duly authorized to do so, have affixed their signatures to the bottom of this Agreement.
Done in Brussels on 3 June 2009, in French, Dutch and Armenian languages, each of the three texts being equally authentic. In the event of a discrepancy the French version will prevail.
The original shall be deposited with the Government of the Kingdom of Belgium, depositary of this Agreement, which shall circulate certified copies to other Parties of this Agreement.

PROTOCOLE AGREEMENT OF THE ACCORD between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence (Readmission Agreement).
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 implementation of the Agreement of 3 June 2009 between the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence,
The following agreed:
Article 1er
Request
(1) Requests for readmission are made when the identity and nationality of the person to be remitted are proven 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 shall apply to the competent authority of the requested Contracting Party.
(3) The application contains:
- 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 required Contracting Party;
- the following introductory text: "We urge that the person whose reasons exist to believe that there is an obligation to readmission within the meaning of Article 2 or 3 of the Agreement, be reclaimed in the territory of the Kingdom of Belgium (from the Grand Duchy of Luxembourg/the Kingdom of the Netherlands/Republic of Armenia)";
- data on the person to be remitted;
- indications concerning minor children where applicable;
- the signature of the representative and the official seal of the competent authority of the requesting Contracting Party.
(4) The data to be provided for the person to be remitted are:
1. personal data:
- the name and names;
- the date of birth;
- place and state of birth;
- sex;
- the place of the last residence in the territory of the required Contracting Party;
- prior names, nicknames or pseudonyms where applicable;
2. the description of the passport or travel document taking place (including serial number, place and date of issue, duration of validity, issuing authority) and/or any other document allowing valid proof or presumption of the nationality of the person concerned;
3. two (2) identity photographs.
(5) Indications concerning minor children:
- the name and names;
- the relationship with the travel title holder;
- day, month and year of birth;
- the place of birth.
Contact:
- the child born in the territory of the requesting Contracting Party;
- for the child born in the territory of another State, the extract of birth, if possible;
- a photo for each child over five (5) years of age.
Article 2
Response to the request
(1) The competent authority of the required Contracting Party shall notify the competent authority of the requesting Contracting Party of the response reserved for the application 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 required 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 name, place and date of birth of the person concerned;
- the declaration stating that there is an obligation to readmission 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 the audits conducted did not prove the identity of the person concerned and/or that the readmission obligation within the meaning of sections 2 or 3 is not applicable to the person concerned.
Article 3
Travel title
(1) The competent authority of the requesting Contracting Party shall transmit to the diplomatic or consular representation of the requested Contracting Party the positive response to the request, with a view to obtaining the travel title.
(2) The diplomatic or consular representation of the requested Contracting Party shall, in the light of the positive response to the request, issue the travel title to the person whose readmission has been authorized.
(3) The travel title is valid for at least one (1) month.
(4) Where the competent authority of the requesting Contracting Party is unable to effectively surrender a person before the expiry of the validity period of the travel title, the competent authority of the requesting Contracting Party shall notify the competent authority of the required Contracting Party. As soon as the effective handover of the data subject may be carried out, the competent authority of the required Contracting Party shall provide a new travel title, having a further validity period of one (1) month, within five (5) working days after an application for that purpose of the competent authority of the requesting Contracting Party.
Article 4
Readmission procedure
(1) The competent authority of the requesting Contracting Party shall inform the competent authority of the required Contracting Party of the return of the data subject three (3) working days before the scheduled date for return.
(2) This notice is in writing and contains the following indications:
- the name and address of the competent authority of the requesting Contracting Party, the file number and the date of the notice of return;
- the name and address of the competent authority of the required Contracting Party:
1. in the case of air transport, the following introductory text:
"We have the honour to inform you that the person responding to the indications mentioned below will be returned to the Kingdom of Belgium (to the Grand Duchy of Luxembourg/ to the Kingdom of the Netherlands/ .....................) the ....... (day, month year), leaving the airport of .......... by the flight .............h, arriving at the airport of ........ to ..........
2. where, for justified medical reasons, the carriage is carried by land, the introductory part of the text of the notice of return of the person concerned is as follows:
"We have the honour to inform you that the person responding to the indications mentioned below will be returned to the Kingdom of Belgium (to the Grand Duchy of Luxembourg/the Kingdom of the Netherlands/the Republic of Armenia) on...... (day, month year), passing through the international border post of ..........;
- the name, name, date and place of birth of the person;
- the file number and the date of the response of the request;
- where appropriate, the indication that it is a person requiring, because of his or her health or age, specific treatment or care;
- where applicable, the indication that it is a person who can cause incidents, with a view to ensuring the necessary escort.
(3) In the event that it would have been unable to comply with the deadline set out in Article 6, paragraph (2), of the Agreement, for the surrender of the data subject, the competent authority of the requesting Contracting Party shall promptly inform the competent authority of the required Contracting Party. As soon as the effective handover of the data subject may be carried out, the competent authority of the requesting Contracting Party shall inform the competent authority of the requested Contracting Party, within the time limits specified in paragraph (1) of this Article.
Article 5
Border crossing posts
Places where individuals can be effectively surrendered and taken back under the Agreement are:
1. For the Kingdom of Belgium:
- for air navigation: Brussels National Airport
- for land traffic: border crossings to be determined by the Foreign Office
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: Schiphol Airport in Amsterdam
- for land traffic:
4. For the Republic of Armenia:
- for air navigation: Zvartnots airport of Yerevan
- for land traffic:
Article 6
Competent authorities
(1) The competent authorities for the Belgian Contracting Party are:
1. for the submission of requests to the competent authorities of the Republic of Armenia, the receipt of the replies to the requests, the obtaining of the necessary travel documents from the Embassy of the Republic of Armenia and the sending of the notices of return of the persons concerned:
- the Interior Federal Public Service of the Kingdom of Belgium
Direction générale de l'Office des Etrangers
WTC II
Warm of Antwerp 59 b
1000 Brussels
Telephone: ++ 32 2 206 15 84 identification cell
++ 32 2-206 5 46 identification cell
Fax: ++ 32 2-274 66 17
2. for the receipt of requests from the competent Armenian authorities, the response to requests and the receipt of notices of return from the persons concerned:
- the Interior Federal Public Service of the Kingdom of Belgium
Direction générale de l'Office des Etrangers
WTC II
Warm of Antwerp 59 b
1000 Brussels
Telephone: ++ 32 2-206 15 91 Bureau C
++ 32 2-206 15 92 Bureau C
++ 32 2-206 15 94 Bureau C
++ 32 2-206 15 51 Bureau C
Fax: ++ 32 2 274 66 11 Bureau C
(2) The competent authority for the Luxembourg Contracting Party is:
Ministry of Foreign Affairs and Immigration
Immigration Directorate
Postal box 752
L-2017 Luxembourg
Telephone: ++ 352 478 45 74
++ 352 478 45 46
Fax: ++ 352 22 16 08
(3) The competent authority for the Dutch Contracting Party is:
Ministry of Justice
IND - Immigration and Naturalization Service
Office Dublin
Postal box 449
NL-6900 AK Zevenaar
Telephone: ++ 31 31 636 87 24
Fax: ++ 31 636 86 49
(4) The competent authority for the Armenian Contracting Party is:
Ministry of Foreign Affairs
Place of the Republic
House of Government - 2, Erevan 0010
Republic of Armenia
Telephone: ++ 37410 544041 (301)
Fax: ++ 37410 543925
Article 7
Committee of Experts
Within thirty (30) days after the entry into force of the Agreement, the competent authorities of the Contracting Parties shall communicate to each other the composition of their delegations to the Committee of Experts under Article 11 of the Agreement.
Article 8
Language
Contracting Parties shall communicate in French.
Article 9
Final provision
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 concerning the readmission of persons in irregular stay.
Done in Brussels on 3 June 2009, in French, Dutch and Armenian languages, the three texts being equally authentic. In the event of a discrepancy the French version will prevail.

Agreement between the States of the Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Republic of Armenia concerning the readmission of persons in irregular residence, and the Protocol of application, made in Brussels on 3 June 2009 (1)

(1) This agreement has not yet entered into force in accordance with Article 15.