9 FEBRUARY 2006. - Act enacting the Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Swiss Confederation relating to the readmission of persons in an irregular situation, the Protocol of application, and Annexes 1 and 2, made in Bern on 12 December 2003 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Swiss Confederation concerning the readmission of persons in an irregular situation, the Protocol of application, and Annexes 1^re and 2, made in Bern on 12 December 2003, will come out their 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, 9 February 2006.
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
____
Notes
(1) Sessions 2004-2005 and 2005-2006.
Senate.
Documents. - Bill tabled on 23 June 2005, No. 3-1260/1. - Report, number 3-1260/2.
Annales parliamentarians. - Discussion and voting. Meeting of 24 November 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2115/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2115/2.
Annales parliamentarians. - Discussion and voting. Session of January 12, 2006.

Agreement between the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Swiss Confederation concerning the readmission of persons in an irregular situation
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, acting together under the provisions of the Benelux Convention of 11 April 1960,
and
the Swiss Confederation,
hereinafter referred to as "the Contracting Parties",
Desirous of facilitating the readmission of persons who irregularly reside in the territory of a Contracting Party, i.e. persons who do not meet or no longer meet the conditions of entry and 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 1^er
Definitions and scope of application
1. Under this Agreement, the following 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) of Switzerland: the territory of Switzerland, as well as the territory of the Principality of Liechtenstein, the Swiss Contracting Party being empowered to carry out, under the existing bilateral treaties between Switzerland and the Principality of Liechtenstein, the missions to the Contracting Parties pursuant to this Agreement.
2. Under this agreement:
(1) by "nationals": any national of one of the Benelux, Switzerland or the Principality of Liechtenstein;
(2) by "third State": any State other than a State of Benelux, Switzerland or the Principality of Liechtenstein;
(3) by "national of a third State": any person who is not a national of one of the Benelux, Switzerland or the Principality of Liechtenstein;
(4) by "external borders":
(a) the first crossed border not common to the Contracting Parties;
(b) any airport or seaport located in the territory of Benelux or in the territory of Switzerland 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 formalities at the request of the other Contracting Party, any person who, located in the territory of the requesting Contracting Party, fails to meet or no longer fulfils the conditions of entry or residence in force, where it may be proved or validly presumed that it has the nationality of the required Contracting Party. The same applies to any person who, after entering the territory of the requesting Contracting Party, has been deprived of the nationality of the required Contracting Party and has not obtained at least a naturalization insurance from the requesting Contracting Party.
2. At the request of the requesting Contracting Party, and in accordance with the provisions of Article 6, the requested Contracting Party shall promptly issue 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. This is not the case where the obligation of readmission results from the fact that the required Contracting Party has dropped this person from its nationality after it entered the territory of the requesting Contracting Party, without the person concerned having at least obtained from the requesting Contracting Party the assurance of a naturalization.
Article 3
Readmission of third State nationals
1. Each Contracting Party shall return to its territory at the request of the other Contracting Party and without formalities, nationals of a third State that do not respond or no longer meet the conditions of entry and residence in the territory of the requesting Contracting Party where it may be proved or validly presumed that such nationals of a third State have transited or stayed in the territory of the required Contracting Party.
2. The readmission requirement in paragraph 1^er does not apply in respect of:
- third-country nationals who have been taken into possession by the requesting Contracting Party of a visa other than a transit visa or a valid residence permit at the time of their entry into the territory of the requesting Contracting Party or who, after their entry into the territory of the requesting Contracting Party, have obtained a residence permit issued by the requesting Contracting Party, unless the requested Contracting Party has issued a visa or
- third-country nationals who have been effectively returned by the required Contracting Party to their country of origin or to a third country, unless they have entered the territory of the requesting Contracting Party by the territory of the required Contracting Party after the execution of the removal measure.
3. The Contracting Parties shall endeavour, as a matter of priority, to renew the nationals of a neighbouring State in their State of origin.
4. The provisions of paragraph 1^er However, above are not applicable where the requesting Contracting Party applies a visa-free entry regime in respect of the third State whose data subject is a national.
5. The evidence to establish or justify that it has been satisfied with the conditions set out in this section is described in the application protocol.
Article 4
Readmission of third State nationals by the Contracting Party responsible for the entry
1. If a person, who has arrived in the territory of the requesting Contracting Party, does not meet or no longer fulfil the conditions of entry or residence in force, and has a valid visa issued by the other Contracting Party or a valid residence permit issued by the requested Contracting Party, that person shall return the person to its territory, without formalities, at the request of the requesting Contracting Party.
2. If both Contracting Parties have issued a visa or residence permit, the competent Contracting Party shall be the one whose visa or residence permit expires last.
3. Paragraphs 1^er and 2 are not applicable to the issuance of a transit visa.
Article 5
Titles of stay
By way of residence within the meaning of Article 3, paragraph 2, and Article 4, any authorization, of any type, issued by a Contracting Party, which gives the right to stay in its territory. This definition does not include a temporary residence permit in the territory of a Contracting Party granted for the purpose of processing a claim for asylum.
Article 6
Identity and nationality
1. The identity and nationality of a person to be remitted in accordance with the procedures set out in paragraph 1^er Article 2 and Articles 3 and 4 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 that is 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 7
Application for readmission
1. Any request for readmission shall be made in writing and shall include:
(1) the 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) a 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) if this is an application under section 3, subsection 5, the evidence described in the application protocol;
(4) if this is an application under section 4, subsection 1^era visa or residence permit.
2. The requesting Contracting Party may submit to the requested Contracting Party any other information relevant to the readmission procedure.
3. If the person concerned is to be medically monitored, the requesting Contracting Party will also provide a description of the health condition and will indicate, where appropriate, whether the person is to receive special treatment such as medical assistance or other assistance, supervision or ambulance transport (possibly medical certificate);
4. If the person to be remitted is in the international area of one of the airports of one of the Contracting Parties, the competent airport authorities may agree on a simplified procedure.
Article 8
Time limits
1. The requested Contracting Party shall promptly respond to requests for readmission, but the maximum period shall be three working 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 9
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-country national must be made within a maximum period of one year from the date on which the Contracting Party has found the unauthorized presence of that third-country national in its territory.
Article 10
Transit
1. Each of the Contracting Parties, at the request of the other, authorizes the transit on its territory of third-country nationals who are the subject of a decision of removal or refusal of entry into its territory taken by the requesting Contracting Party, provided that transit through possible third-party States and that the readmission by the destination State is assured. The transit will be carried out by any means of transport.
2. The requesting Contracting Party assumes full responsibility for the continuation of the travel of a third-country national to its destination State and assumes responsibility for that person if:
- a reason referred to in paragraph 4 of this article occurs or is discovered later, preventing transit, or
- the rest of the transit or the readmission by the destination State are no longer insured, or
- for another reason, the removal decision or refusal to enter the territory of the State of destination cannot be executed.
3. The Contracting Party that has made the decision to depart or refuse to enter its territory shall report to the Contracting Party required for transit purposes, if it is necessary to escort the person subject to that decision. The Contracting Party required for transit purposes may:
- to decide to provide the escort itself, to be borne by the requesting Contracting Party to reimburse the corresponding costs;
- to decide to ensure escort in collaboration with the requesting Contracting Party;
- to authorize the requesting Contracting Party to secure the escort on its territory.
In the last two assumptions, the escort of the requesting Contracting Party shall be placed under the authority of the competent services of the required Contracting Party.
4. The transit for removal or transit resulting from a refusal of entry to the territory may, inter alia, be refused:
- if the third-country national runs in one of the transit States or in the destination State the risks of persecution because of his race, religion, nationality, membership of a certain social group or political opinions;
- if the third-country national runs the risk of being charged or sentenced to a criminal court in the requested State, a possible transit State or the State of destination for events prior to transit.
Contracting Parties shall make every effort to limit transit to third-country nationals who cannot be delivered directly to the destination State.
Article 11
Damage and damage caused
1. If a escort officer of the requesting Contracting Party, on a mission to the transit territory, pursuant to this Agreement, suffers damage during the performance or on the occasion of the mission, the administration of the requesting Contracting Party shall, in accordance with national law, pay the compensation due. The requesting Contracting Party shall not make an appeal against the transit State for the compensation it has paid, unless the damage has been intentionally caused or by a serious fault, or by an act or negligence committed under the responsibility of the transit State.
2. If a escort officer of the requesting Contracting Party, on a mission to the transit territory, pursuant to this Agreement, commits damage during the execution or on the occasion of the mission, the requesting Contracting Party shall be liable for the damage caused to the goods or to any other person other than the escorted foreigner, in accordance with the law of the Contracting Party required as a transit State. If the above-mentioned officer causes damage to the alien to be escorted, the requesting Contracting Party shall be liable for the damage caused in accordance with its own right.
3. The transit State in the territory of which the damage referred to in paragraph 2, first sentence, is caused shall ensure the repair of that damage under the conditions that it should observe if the damage had been caused by its own agents.
4. The Contracting Party whose agents have caused, in the territory of the other Contracting Party, damage as referred to in paragraph 2, first sentence, shall pay in full the amount of compensation it has paid to the victims or their beneficiaries.
5. Without prejudice to the exercise of their rights to third parties, and with the exception of paragraph 4 of this article, the two Contracting Parties shall, in the case provided for in paragraph 2, first sentence, waive the request to the other Contracting Party for reimbursement of the amount of damage suffered by one of them.
Article 12
Data protection
Personal data shall be communicated only when necessary for the execution of this Agreement by the competent authorities of the Contracting Parties. In a given case, the processing of personal data is subject to the legislation of the Swiss Confederation and, where a competent authority of a Benelux State intervenes as a control authority, the provisions of Directive 95/46/EC of the European Parliament and the Council of the European Union, of 24 October 1995, concerning the protection of natural persons with respect to the processing of personal data and the free movement of such data, and The following principles also apply:
(a) personal data must be treated fairly and lawfully;
(b) personal data shall be collected for the purpose of fulfilling the specific, explicit and legitimate purpose of the execution of this Agreement and shall not be processed in a later manner inconsistent with that purpose by the authorities that have communicated or received it;
(c) personal data must be adequate, relevant and not excessive in relation to the purposes for which they are collected and/or processed at a later stage. The personal data that is provided shall relate exclusively to:
- the personal data of the person to be reclaimed (name, first name, if any previous names, nicknames or pseudonyms, date and place of birth, sex, current and past nationality);
- identity card or passport (number, validity period, date of issuance, issuing authority, place of issuance);
- to places of stay and routes;
- other relevant data for the identification of the person to be remitted or for the examination of readmission conditions under this Agreement;
(d) personal data must be accurate and, if necessary, updated;
(e) personal data shall not be retained in a form to identify the person concerned longer than it is necessary for the purposes for which they were collected or processed at a later date;
(f) the dispatching authority and the receiving authority shall take all necessary measures to ensure the rectification, deletion or locking of personal data if their processing is not in accordance with the provisions of this article, in particular because the data is insufficient, not relevant, inaccurate or excessive in view of the purpose of the processing. This provision is also intended to notify the other Contracting Party of any rectification, termination or locking;
(g) the receiving authority shall inform the dispatching authority, upon request of the shipper, of the use made of the reported data and the results it has obtained;
(h) personal data shall only be communicated to the competent authorities. Their subsequent communication to other authorities is subject to the prior authorization of the shipper authority;
(i) Shipper and recipient authorities are required to record in writing the communication and receipt of personal data.
Article 13
Fees
1. The transportation costs of persons who are re-administered in accordance with Articles 2, 3 and 4 shall be borne by the requesting Contracting Party.
2. The transit costs to the border of the State of destination and, where applicable, the costs resulting from the return trip are borne by the requesting Contracting Party in accordance with Article 10.
Article 14
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) monitor the application of this Agreement;
(2) to submit proposals for solutions to problems related to the application of this Agreement;
(3) make proposals to amend and supplement this Agreement;
(4) develop and recommend appropriate measures to combat illegal immigration.
2. The Contracting Parties reserve the right to approve or not the measures proposed by the Committee.
3. The committee is made up of representatives of the Contracting Parties. 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 on the proposal of one of the Contracting Parties.
Article 15
Non-impact clause
This Agreement shall not affect the obligations arising from:
(1) of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967 relating to the Status of Refugees;
(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) European Community Law for the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
(5) of international asylum conventions, and Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms of determination of 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, for the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
(6) of the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(7) of the European Agreement of 16 October 1980 on the transfer of responsibility to refugees for the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
(8) international conventions and agreements relating to the readmission of foreign nationals.
Article 16
Application Protocol
1. All other practical provisions necessary for the application of this Agreement shall be determined in the Protocol of Implementation.
2. The amendments to the Protocol are made by exchange of notes between the Benelux States and the Swiss Confederation.
Article 17
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 a notification to the Kingdom of Belgium, depositary of this Agreement, which will inform the other Contracting Parties.
Article 18
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 note by which the last of the Contracting Parties has served the Kingdom of Belgium the fulfilment of the internal formalities required for its entry into force.
2. The Kingdom of Belgium shall inform each Contracting Party of the notifications referred to in paragraph 1^er and the effective date of this Agreement.
Article 19
Suspension and denunciation
1. This Agreement shall be concluded for an indefinite period.
2. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly, and the Swiss Confederation may, after giving notification to the Kingdom of Belgium, which shall inform the other Contracting Parties, suspend this agreement for important reasons, including for reasons relating to the protection of the security of the State, public order or public health, and for notification. 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 Swiss Confederation may, after giving notification to the Kingdom of Belgium, informing the other Contracting Parties, denounce this Agreement.
4. The suspension or denunciation of this Agreement shall take effect on the first day of the second month following that in which the Kingdom of Belgium received the notification referred to in paragraphs 2 and 3 respectively.
Rule 20
Depositary
The Kingdom of Belgium is the depositary of this Agreement.
In faith, the representatives of the Contracting Parties, duly authorized to do so, have affixed their signature at the bottom of this Agreement.
Done in Bern on 12 December 2003, in French and Dutch languages, each of the two texts being equally authentic.
The original shall be deposited with the Kingdom of Belgium, depositary of this Agreement, which shall distribute certified copies in accordance with the other Contracting Parties to this Agreement.

Protocol on the Implementation of the Agreement between the States of Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Swiss Confederation on the Readmission of Persons in Illegal Situations
The Swiss Confederation and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) for the implementation of the Agreement of 12 December 2003 between the Swiss Confederation and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) concerning the readmission of persons in an irregular situation, have agreed as follows:
Article 1^er
Request
1. The application for readmission shall be filed where the identity and nationality of the person to be remitted is established or justified pursuant to Article 6 of the Agreement and, with respect to an application under Articles 3 or 4 of the Agreement, when it has been established or justified that the conditions presiding at the readmission of third country nationals have been met.
2. The requesting Contracting Party shall send a written request to the competent authority of the Contracting Party.
3. The application is submitted on a form in accordance with Appendix 1 to this protocol. It contains:
(a) the name and contact information of the competent authority of the requesting Contracting Party, the file number and the date of the application;
(b) the name and contact information of the competent authority of the required Contracting Party;
(c) data relating to the person to be remitted;
(d) indications concerning minor children where appropriate;
(e) 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:
(a) Personal data:
- Name and first name(s);
- The date of birth;
- The place and state of birth;
- Sex;
- The place of the last residence in the territory of the required Contracting Party;
- The previous name, pseudonym or nickname if applicable.
(b) 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 that would permit the proper establishment or presumption of the nationality of the person concerned.
(c) Two identity photographs.
5. Indications concerning minor children:
(a) Name and name(s);
(b) The relationship with the travel title holder;
(c) Day, month and year of birth;
(d) The place of birth.
Contact:
(e) Child born in the territory of the requesting Contracting Party;
(f) For the child born in the territory of another State, the birth extract, if possible;
(g) A photo for every child over five years old.
Article 2
Evidence of third-country nationals
1. The evidence to establish, in accordance with Article 3, paragraph 5, of the Agreement, that the conditions for the readmission of third-country nationals have been met are:
(a) a visa or residence permit issued by the competent authorities of the required Contracting Party, valid or whose validity has not expired for more than two years;
(b) the entry or exit stamps or similar references in the travel document of the data subject attesting to the entry or stay in the territory of the required Contracting Party or permitting the entry into the territory of the requesting Contracting Party from the territory of the requested Contracting Party (itinerary);
(c) documents, prepared on behalf of the person concerned, issued by the competent authorities of the required Contracting Party such as a driver's licence or identity card;
(d) civil status documents or a certificate of registration in the territory of the required Contracting Party;
(e) copies of the above-mentioned documents.
2. The evidence to justify, in accordance with Article 3, paragraph 5, of the Agreement, that the conditions for the readmission of third-country nationals have been met are:
(a) travel tickets, documents or invoices established on behalf of the person concerned certifying the entry or stay of the person in the territory of the required Contracting Party, or permitting the person to enter the territory of the requesting Contracting Party from the territory of the required Contracting Party (e.g., hotel notes, appointment cards with a doctor or a dentist, shipping tickets or private airports);
(b) information indicating that the data subject has used the services of a tourist guide or travel agency;
(c) official statements emanating from, inter alia, border crossing agents or other agents capable of testifying that the person concerned has crossed the territory of the required Contracting Party;
(d) official statements of agents concerning the presence of the data subject in the territory of the required Contracting Party;
(e) a residence permit, expired for more than two years, issued by the competent authorities of the required Contracting Party;
(f) a record describing the place and circumstances in which the person concerned was intercepted after entering the territory of the requesting Contracting Party;
(g) information provided by an international organization relating to the identity and residence of the data subject in the territory of the requested Contracting Party or to the itinerary of the data subject from the territory of the requested Contracting Party to the territory of the requesting Contracting Party;
(h) reports or confirmation of information by family members or travel companions of the person concerned, or by other persons in the form of a witness statement made to the competent authorities of the Contracting Parties;
(i) the statements of the person concerned, made to the competent authorities of the requesting Contracting Party (consistent and sufficiently detailed declarations, containing facts that may be objectively verified);
(j) other documents (e.g. non-named entry tickets) or reliable information to justify the stay or transit of the data subject in the territory of the required Contracting Party.
Article 3
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 8 of the Agreement.
2. The answer to the request contains:
(a) the name and contact information of the competent authority of the required Contracting Party; the file number and the date of the response to the application;
(b) the name and contact information of the competent authority of the requesting Contracting Party;
(c) the name and name, place and date of birth of the person concerned;
(d) the declaration stating that there is an obligation to readmission of the person concerned within the meaning of the provisions of Article 2, 3 or 4 of the Agreement;
or
in the event of a negative response, an explanatory note indicating that the audits conducted did not establish the identity of the person concerned and/or that the readmission obligation within the meaning of Articles 2, 3 or 4 of the Agreement is not applicable to the person concerned.
Article 4
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 six months.
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 actual surrender of the person concerned may be effected, the competent authority of the required Contracting Party shall provide a new travel title, having a further validity period of six months, within five working days after an application for that purpose by the competent authority of the requesting Contracting Party.
Article 5
Readmission procedure
1. The competent authority of the requesting Contracting Party shall notify the competent authority of the required Contracting Party of the return of the data subject three working days before the scheduled date for return.
2. This notice is sent in writing on a form in accordance with Appendix 2 to this protocol. It contains the following indications:
(a) the name and contact information of the competent authority of the requesting Contracting Party, the file number and the date of the notice of return;
(b) the name and contact information of the competent authority of the required Contracting Party;
(c) the name, name, date and place of birth of the person concerned;
(d) the file number and the date of the response to the request;
(e) indicating whether it is a person requiring, because of their state of health or age, specific treatment or care;
(f) whether it is a person who can cause incidents, with a view to ensuring the necessary escort.
3. In the event that the competent authority of the requesting Contracting Party is found unable to comply with the period prescribed in Article 8 of the Agreement, 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^er of this article.
Article 6
Escort
1. When the transit is carried out under escort, escort agents of the requesting Contracting Party shall carry out their mission in civilian, unarmed and with transit authorization.
2. The custody and boarding of the third-country national shall be carried out by the escort, with the assistance and authority of the required Contracting Party. Where applicable, custody and boarding may be provided by the required Contracting Party in accordance with the escort.
3. The authorities of the transit State shall grant to the escort agents of the requesting Contracting Party, on the occasion of the exercise of their functions under this Agreement, the same protection and assistance as to the corresponding agents of their own country.
4. The escort agents of the requesting Contracting Party shall be assimilated to the agents of the required Contracting Party in respect of the offences against which they would be victims or that they would be engaged in transit in the territory of the required Contracting Party in the performance of their duties. They are subject to the civil and criminal liability regime of the Party in whose territory they intervene.
5. The escort agents who, pursuant to this Agreement, are required to perform their functions in the territory of the transit State must be able to justify it at any time of their identity, quality and nature of their mission by the production of the transit authorization issued by the required Contracting Party.
Article 7
Border posts
1. Places where persons can be effectively delivered and taken under the Agreement are, for air navigation:
For the consultation of the table, see image
Basel-Mulhouse and Berne-Belp airports cannot be used for transit.
2. When the readmission occurs by land, the requested Contracting Party shall inform the requesting Contracting Party of the competent authority for the case concerned.
Article 8
Competent authorities
Thirty days after the conclusion of this agreement, Contracting Parties shall exchange the list of competent authorities for the implementation of this agreement and their address.
Article 9
Committee of Experts
Within 30 days of 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 14, of the Agreement.
Article 10
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 Swiss Confederation concerning the readmission of persons in an irregular situation.
Done in Bern on 12 December 2003, in French and Dutch, both texts being equally authentic.
For the consultation of the table, see image

Agreement between the Bénélux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands) and the Swiss Confederation concerning the readmission of persons in an irregular situation, application protocol and annexes 1^re signed in Bern on 12 December 2003
List of related States
For the consultation of the table, see image
This agreement has not yet entered into force.