11 AVRIL 2003. - An Act to approve the Agreement between the Governments of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, on the one hand, and the Government of Romania, on the other hand, on the Readmission of Persons in Illegal Situation, and Annexes I and II, signed in Bucharest on 6 June 1995 (1) (2)

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 Governments of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, on the one hand, and the Government of Romania, on the other hand, on the readmission of persons in an irregular situation, and Annexes I and II, signed in Bucharest on 6 June 1995, will come out their full and full effect.
Given in Brussels on 11 April 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) 2002-2003
Senate:
Documents
Bill tabled on 9 January 2003, No. 2-1415/1
Report on behalf of the Committee 2-1415/2
Annales parlementaire
Discussion, meeting of 12 February 2003
Vote, meeting of 13 February 2003
Chamber:
Documents
Project transmitted by the Senate, No. 50-2301/1
Text adopted in plenary and subject to Royal Assent, No. 50-2301/2
Annales parlementaire
Discussion, meeting of 27 February 2003
Vote, meeting of 27 February 2003
(2) Belgium ratified this Agreement on 29 April 2003. The Agreement has not yet entered into force.

Agreement between the Governments of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, on the one hand, and the Government of Romania, on the other hand, concerning the Readmission of Persons in Illegal Situations
The Governments of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, acting together under the Convention between them, on 11 April 1960, concerning the transfer of control of persons to the outer borders of the territory of Benelux, on the one hand, and the Government of Romania, on the other,
REQUESTS to facilitate the readmission of persons in an irregular situation in a spirit of cooperation and on a reciprocal basis to simplify the free movement of persons,
agreed that:
Article 1^er
1. The Government of Romania shall, at the request of the Government of Belgium, Luxembourg or the Netherlands and without formalities, return to its territory any person who does not meet or no longer fulfil the conditions of entry or residence applicable in the territory of Belgium, Luxembourg or the Netherlands, provided that it is established or presumed that it has Romanian nationality.
2. The possession of Romanian nationality may be established or presumed on the basis of the information referred to in Annex I to this Agreement.
3. Requests for readmission are submitted in writing to the Ministry of Interior of Romania, which responds within a maximum of five working days after receipt of the application. The response is provided in writing. Any refusal is motivated.
4. The Belgian, Luxembourgish or Dutch Government shall, under the same conditions, reclaim this person if posterior controls demonstrate that it did not have Romanian nationality at the time of its removal from Belgian, Luxembourg or Dutch territory.
5. The Romanian embassy or the Romanian consular representation in Belgium, Luxembourg or the Netherlands shall issue without delay, at the request of the competent Belgian, Luxembourg or Dutch authorities, the travel documents required to repatriate the persons to be repatriated.
Article 2
1. The Belgian, Luxembourgish or Dutch Government shall, at the request of the Romanian Government and without formalities, return to its territory any person who does not meet or no longer fulfil the conditions of entry or residence applicable in the territory of Romania, provided that it is established or presumed that it has Belgian, Luxembourg or Dutch nationality.
2. The possession of Belgian, Luxembourg or Dutch nationality may be established or presumed on the basis of the information referred to in Annex II to this Agreement.
3. Requests for readmission shall be submitted in writing to the Ministry of the Interior of Belgium or the Ministry of Justice of Luxembourg or the Netherlands, as the case may be, within a maximum of five working days after receipt of the application. The response is provided in writing. Any refusal is motivated.
4. The Romanian Government re-acclaims this person under the same conditions if posterior controls demonstrate that it did not have Belgian, Luxembourg or Dutch nationality at the time of its removal from Romania.
5. The Embassy of Belgium, Luxembourg or the Netherlands or the Belgian, Luxembourg or Dutch consular representation in Romania shall forthwith issue, at the request of the Romanian competent authorities, the travel documents required to repatriate the persons to be repatriated.
Article 3
The costs of the removal to the border of the State of destination, as well as the costs associated with a reference, are borne by the requesting Party.
Article 4
The provisions of this Agreement shall not affect obligations under the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967.
Article 5
The administrative arrangements required for the implementation of this Agreement, in particular those relating to
1. the terms of the delivery;
2. the designation of public authorities or bodies responsible for the implementation of this Agreement;
3. the determination of border crossings where the remission must be carried out,
will be arrested in an exchange of diplomatic notes.
Article 6
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 from the Government of the Netherlands to the Government of Romania.
Article 7
1. This Agreement shall be signed and approved by the Contracting Parties in accordance with their respective constitutional rules.
2. This Agreement shall enter into force on the first day of the second month following the date of deposit of the instruments of the last ratification or approval.
3. This Agreement shall apply provisionally from the twenty-first day after the date of its signature.
Article 8
1. Any amendment to this Agreement agreed by the Contracting Parties shall enter into force on the first day of the second month following the receipt by the depositary of the last notification of the fulfilment of the constitutional formalities necessary for the entry into force.
2. Any amendments to the annexes referred to in Articles 1^erparagraph 2 and 2, paragraph 2, agreed in writing by the competent authorities and entered into force immediately.
Article 9
1. Each Contracting Party may, after consultation with the other Contracting Party, suspend or denounce this Agreement for serious reasons, by a written notification addressed to the Depositary.
2. The suspension or denunciation takes effect on the first day of the month following receipt of the notification by the depositary.
Article 10
The Government of Belgium shall assume the duties of 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 Bucharest on 6 June 1995 in the French, Dutch and Romanian languages, the three texts being equally authentic.
For the Government of the Kingdom of Belgium,
Ambassador of Belgium to Bucharest,
Ignace VAN STEENBERGE.
For the Government of the Grand Duchy of Luxembourg,
Ambassador of the Netherlands to Bucharest,
Mr. P.A. FRANK.
For the Government of the Kingdom of the Netherlands,
Ambassador of the Netherlands to Bucharest,
Mr. P.A. FRANK.
For the Government of Romania,
Minister of Foreign Affairs,
Teodor Viorel MELESCANU.

Annex I
Romanian nationality may be established by means of a passport, other travel document or identity card issued by the Romanian authorities, if these documents are complete and their validity period is not expired. Romanian nationality may be presumed by means of a passport, other travel document or identity card issued by the Romanian authorities whose validity period has not expired for more than ten years, a certificate attesting to the identity of the holder, a driver's license, a marine booklet, a certificate of insurance, statements worthy of faith of other citizens.

Annex II
Belgian nationality may be established by means of a passport or identity card issued by the Belgian authorities, if these documents are complete and their validity period is not expired, or by means of an extract from the civil registry relating to the acquisition of that nationality; may be presumed by means of a passport, other travel document or identity card issued by the Belgian authorities whose validity period has not expired for more than ten years; or by means of an identity card for foreigners in the course of validity, issued by the competent authorities in France, Luxembourg or Switzerland to Belgian nationals having their habitual residence there, and attesting the Belgian nationality of the holder, by means of a certificate attesting the identity of the holder, a driver's license, a booklet of sailors, a certificate of insurance, statements worthy of faith of other Belgian citizens.
Luxembourg nationality may be established by means of a passport or identity card issued by the Luxembourg authorities, if these documents are complete and their validity is not expired; it may be presumed on the view of either a passport or an identity card issued by the Luxembourg authorities, whose validity has not expired for more than ten years; or by means of an identity card for foreigners in the course of validity attesting to the Luxembourg nationality of its holder, a driver's license, a marine booklet, depositions worthy of faith of other Luxembourg citizens or on the faith of the statements of the individual himself.
Dutch nationality may be established by means of a passport or identity card issued by the Dutch authorities, if these documents are complete and their validity period is not expired; may be presumed by means of a passport or identity card issued by the Dutch authorities, whose validity period has not expired for more than ten years; or by means of a Belgian or Luxembourg identity card for foreigners in the course of validity attesting to the Dutch nationality of its holder, a driver's license, a sailor's booklet, an insurance certificate, depositions worthy of faith of other Dutch citizens or on the faith of statements of the individual himself.