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Law Approving The Protocol For The Application Of The Agreement Between The European Community And The Republic Of Albania On The Readmission Of Persons In Irregular Stay In The Republic Of Albania Or The Benelux States (The Kingdom Of Belgi

Original Language Title: Loi portant assentiment au Protocole d'application de l'Accord entre la Communauté européenne et la République d'Albanie concernant la réadmission des personnes en séjour irrégulier dans la République d'Albanie ou les Etats du Benelux (le Royaume de Belgi

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25 FEBRUARY 2007. - An Act to approve the Protocol of application of the Agreement between the European Community and the Republic of Albania concerning the readmission of persons in irregular stay in the Republic of Albania or the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands), signed in The Hague on 9 June 2005 (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 Protocol to Implement the Agreement between the European Community and the Republic of Albania concerning the readmission of persons in irregular stay in the Republic of Albania or the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands), signed in The Hague on 9 June 2005, will come out its 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 25 February 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006 and 2006-2007.
Senate:
Parliamentary documents. - Bill tabled on September 28, 2006, No. 3-1848/1.- Report, No. 3-1848/2.
Annales parliamentarians. - Discussion: meeting of 30 November 2006. Vote: meeting of 30 November 2006.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 51-2784/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2784/2.
Annales parliamentarians. - Discussion: meeting of December 14, 2006. Vote: meeting of 14 December 2006.

Protocol of application of the Agreement between the European Community and the Republic of Albania concerning the readmission of persons in irregular stay in the Republic of Albania or the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands)
The Republic of Albania and the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands,
The following is called "Parties",
Under Article 19 of the Agreement signed in Luxembourg on 14 April 2005 between the European Community and the Republic of Albania concerning the readmission of persons in irregular residence,
Hereafter referred to as "the Agreement",
The following agreed:
Article 1er
Under this Protocol, the following shall be understood:
- diplomatic representation: diplomatic representation of the requested Party in the territory of the requesting Party;
- escort(s): the person (or persons) designated by the requesting Party and charged with escorting the person to return or transit.
Article 2
1. The request for readmission shall be submitted by fax or electronically and by mail to the competent authority of the requested Party through diplomatic representation.
2. The application for readmission is introduced using the form annexed to Annex 1re to this Agreement.
3. If the terms and conditions referred to in Article 6, subsection (2), of the Agreement are met, a written communication shall be submitted in Appendix 1re the present Protocol is sufficient.
4. The requesting Party shall address the diplomatic representation to provide as well as to collect information regarding the application for readmission.
Article 3
1. The response to a request for readmission shall be sent by fax or e-mail to the competent authority of the requesting Party through diplomatic representation.
2. The response to the application is made using the form indicated in Appendix 2, to this Application Protocol.
Article 4
1. In the event of an agreement on the application for readmission, the travel documents required for return shall be prepared, without delay, on behalf of the person to be transferred, pursuant to sections 2, subsection (2), 3, subsection (3), 4, subsection (2) and 5, subsection (4), of the Agreement and shall be delivered to the competent authorities of the requesting Party by diplomatic representation.
2. Pursuant to section 2, subsection (2), section 3, subsection (3), section 4, subsection (2) and section 5, subsection (4) of the Agreement, the requested Party shall be deemed to accept the use of a travel document issued by the requesting Party, if the diplomatic representation cannot issue the travel document requested within 14 calendar days. the date of receipt of the application. The documents to be used by the Parties for this purpose are attached in Annexes 3 and 4 to this Protocol.
Article 5
1. The competent authority of the requesting Party shall inform the competent authority of the requested Party, through diplomatic representation, by fax or electronically, at least three working days before the proposed transfer of its intention to do so. ÷ this end, the form attached in Appendix 2 to this Application Protocol is used.
2. If the requesting Party is unable to transfer the person to return within the three-month period referred to in Article 10, paragraph (3), of the Agreement, it shall promptly inform the competent authority of the requested Party through diplomatic representation. The competent authority of the requesting Party shall inform the requested Party in accordance with the procedure and the time limits provided for in paragraph 1 as soon as the actual surrender of the data subject may be made.er of this article.
3. No means of transport shall be excluded, in accordance with Article 11, subsection (2), of the Agreement, but the transfer shall be carried out in principle by air. Where medical reasons justify transportation by land or by sea, the competent authorities of the requesting Party shall indicate this on the form indicated in paragraph 1er of this article.
Article 6
1. The transit request shall be filed at least five days before the transit planned by fax or electronically with the competent authority of the requested Party. The application is filed using the form attached in Annex 5 to this Application Protocol.
2. The competent authority of the requested Party shall communicate within five days, by fax or electronically if it accepts the transit and the intended date of the transit, the border crossing point, the mode of transport and the use of escorts. For this purpose, the form indicated in paragraph 1 shall be used.erof this article.
3. Transit is carried out in principle by air.
Article 7
1. If the requesting Party deems it necessary to support transit by the authorities of the requested Party, it shall apply in this respect to the competent authority of the requested Party. On the occasion of the response to the transit request, the requested Party shall communicate whether it may provide the requested support. Parties shall make use of the form annexed to this Protocol for this purpose and consult as necessary.
2. If the person concerned is escorted, the guard and boarding shall be provided by that escort under the authority of the requested Party and, to the extent possible, with the assistance of the requested Party.
Article 8
1. During the transit operation, the escort's powers are limited to self-defence. In addition, in the event of the absence of agents of the requested Party competent in the matter or for the purpose of assisting them, the escort may undertake reasonable and proportionate actions to meet a serious and immediate risk in order to prevent the person concerned from fleeing, impairing himself or a third party or causing damage to property.
In all circumstances, the escort must respect the right of the requested Party.
2. The escort carries out his mission without weapons and in civilian clothes. It must have a document that certifies that an authorization has been issued for readmission or transit and must be able to prove at any time its identity and authorization.
3. The authorities of the requested Party shall guarantee the escort during the performance of its mission within the framework of the Agreement the same protection and assistance as to their own competent agents in this matter.
Article 9
Parties shall exchange no later than 30 days after the conclusion of this Protocol a list of competent authorities for the implementation of the Agreement. They exchange without delay any changes to this list.
Article 10
Parties shall communicate in writing, no later than 30 days after the conclusion of this Protocol, the border crossing points by which persons are effectively transferred and admitted. They shall exchange without delay any amendments thereto.
Article 11
On the production of an invoice, the requesting Party shall reimburse the costs incurred by the requested Party for the recovery or readmission and transit, which shall be charged to the requesting Party under Article 15 of the Agreement.
Article 12
Parties shall communicate in English.
Article 13
1. Annexes 1 to 5 included are an integral part of the Application Protocol.
2. Any amendments to the Annexes to this Protocol shall be the subject of a written decision by the Parties and shall enter into force on a date to be determined by the Parties.
Article 14
This Protocol shall enter into force in accordance with Articles 19, subsection (2) and 22, of the Agreement and shall be denounced together with the denunciation of the Agreement.
Article 15
The Kingdom of Belgium is depositary of this Protocol of application.
Done at The Hague on 9 June 2005, in Albanian, French, Dutch and English languages, each of the texts being equally authentic. In the event of a discrepancy of interpretation, the English version will prevail.

Annex 1
For the consultation of the table, see image

Annex 2
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Annex 3
For the consultation of the table, see image

Annex 4
For the consultation of the table, see image

ANNEX 5
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List of related States:
For the consultation of the table, see image
In accordance with Article 19, 2 of the Agreement between the European Community and the Republic of Albania concerning the readmission of persons in irregular stay, made in Luxembourg on 14 April 2005, the above-mentioned Protocol of Application was formally notified to the Joint Readmission Committee on 6 March 2008 in Tirana.
Pursuant to the provisions of this Article, the Protocol of Implementation entered into force on 6 March 2008.