17 MAI 2002. - Act enacting the Agreement between the Governments of the Benelux States (the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia concerning the readmission of persons in irregular stay (Readmission Agreement), and the Protocol of application, made in Brussels on 3 February 1999 (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 Governments of the Benelux States (the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia relating to the readmission of persons in irregular stay (Readmission Agreement), and the Protocol of Implementation, which took place in Brussels on 3 February 1999, 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 at Châteauneuf-de-Grasse, May 17, 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
MICHEL
The Minister of Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. - Bill tabled on 20 November 2001, No. 2-952/1. - Report made on behalf of the commission, No. 2-952/2.
Annales parliamentarians. - Discussion, meeting of January 24, 2002. - Vote, meeting of 31 January 2002.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1621/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1621/2.
Annales parliamentarians. - Discussion, meeting of March 27, 2002. - Vote, meeting of 28 March 2002.
AGREEMENT TO THE GOVERNMENTS OF Bénélux ETATS (BELGIC ROYAUME, BAS ROYAUME, LUXEMBOURG GRAND-DUCHE) AND THE GOVERNMENT OF THE REPUBLIC OF ESTONIA RELATING TO THE READMISSION OF PERSONS IN READIOUS (MISSION)
The Governments of the Benelux States
(the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg) acting together under the provisions of the Benelux Convention of 11 April 1960
and
the Government of the Republic of Estonia,
hereinafter referred to as "the Contracting Parties",
wishing to facilitate the readmission of persons who irregularly stay in the territory of the State of another Contracting Party, that is, persons who do not meet or do not 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,
agreed that:
ARTICLE 1^er
Definitions and scope of application
1. Under this Agreement, it shall be understood by territory:
(a) Benelux: all the territories of the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg;
(b) of the Republic of Estonia: the territory of the Republic of Estonia.
2. Under this Agreement:
(a) "third State": any State other than a Benelux State and the Republic of Estonia;
(b) "from a third State": any person who is not a national of one of the Benelux States or the Republic of Estonia;
(c) "external frontiers":
(1) the first crossed border not common to the Contracting Parties;
(2) any airport or seaport located in the territory of Benelux or in the territory of the Republic of Estonia by which a movement of persons from or to a third State is carried out.
ARTICLE 2
Readmission of nationals from Contracting Parties
1. Each Contracting Party shall return to the territory of its State without formality at the request of the other Contracting Party, any person who, located in the territory of the State of the requesting Contracting Party, does not meet or fulfil the conditions of entry or residence in force, where it may be proved or validly presumed that it has the nationality of the State of the required Contracting Party. The same applies to any person who, after entering the territory of the State 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 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 State of the Contracting Party required at the time of its exit from the territory of the requesting Contracting Party State. 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 has entered the territory of the requesting Contracting Party State, without the individual 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 formality, nationals of a third State that do not respond or no longer meet the conditions of entry or residence in the territory of the requesting Contracting Party State when it may be proven or validly presumed that such nationals of a third State have transited or stayed in the territory of the requested Contracting Party State.
2. Readmission obligation referred to in paragraph 1^er is not applicable to a national of a third State who, upon entry into the territory of the requesting Contracting Party State, was in possession of a valid residence permit issued by that Contracting Party, or that, after its entry, was granted a residence permit by that Contracting Party.
3. The Contracting Parties shall, as a matter of priority, endeavour to renew the nationals of the 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.
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, fails to meet 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 Party, the latter shall return the person to the territory of his or her State without formality 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
Title of stay
As a 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 the territory of its State. 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
Establishment of 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 in validity
- a military identity document or other identity document of the personnel of the armed forces with a photograph of the holder, valid.
2. Identity and nationality are validly presumed under the following documents:
- a document as described above, whose validity period is expired on the date of receipt of the application for readmission.
- 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
Introduction of readmission application
1. Any request for readmission shall be made in writing and shall include:
(a) the personal data of the data subject (name, first name, if any prior names, surnames and pseudonyms, borrowing names, date and place of birth, sex and last place of residence);
(b) 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;
(c) 2 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 8
Time limits
1. The requested Contracting Party shall promptly respond to requests for readmission, but the maximum period shall be five days.
2. The required Contracting Party shall promptly return the person whose readmission has been accepted to the territory of its State, 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 the obligation to readmission.
1. The application for readmission of a national of the State of one of the Contracting Parties may be made at any time.
2. The application for the readmission of a third-country national must be made within a maximum period of one year from the date on which the Contracting Party found the entry and presence of that third-country national in its territory.
ARTICLE 10
Transit
1. Without prejudice to Article 14, Contracting Parties shall permit the transit of third-country nationals by the territory of their State, if another Contracting Party so requests and their transit by prospective third 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. Despite the authorization given, persons admitted for transit purposes may be surrendered to the other Contracting Party, if conditions as referred to in Article 14 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.
4. Contracting Parties shall endeavour to limit transit operations, as described in paragraph 1^er above, to third-country nationals who cannot be directly transferred to their State of origin.
ARTICLE 11
Data protection
To the extent that the application of this Agreement requires the provision of personal data, such information may only be limited to:
1. personal data of the persons to be submitted and, where appropriate, of their close relatives (name, first name, if any previous names, nicknames and pseudonyms, borrowing names, date and place of birth, sex, current and previous nationality if applicable);
2. passport, identity card, other identity or travel documents and passes (number, validity period, delivery date, issuing authority, place of issue, etc.);
3. other data required for the identification of persons to be submitted;
4. the places of stay and the route of the trip
5. residence permits or visas issued by one of the Contracting Parties.
ARTICLE 12
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 to the border of the requested 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 13
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:
(a) monitor the implementation of this Agreement;
(b) to submit proposals for solutions to problems related to the application of this Agreement;
(c) to formulate proposals to amend and supplement this Agreement;
(d) develop and recommend appropriate measures to combat illegal immigration.
2. The Contracting Parties reserve whether or not they approve the measures proposed by the committee.
3. The committee consists of three representatives for the States of the BENELUX and a representative for the Republic of Estonia. 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 a proposal from one of the Contracting Parties at least once a year.
ARTICLE 14
Non-impact clause
This Agreement does not affect 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;
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, including the Dublin Convention of 15 June 1990 on the determination of the State responsible for the examination of an asylum application submitted in one of the Member States of the European Union;
7. international conventions and agreements relating to the readmission of foreign nationals.
ARTICLE 15
Application Protocol
All other practical provisions necessary for the application of this Agreement shall be determined in the Protocol of Implementation.
ARTICLE 16
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 17
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 inform each Contracting Party of the notifications referred to in the first paragraph and the date of entry into force of this Agreement.
ARTICLE 18
Suspension, denunciation
1. This Agreement shall be concluded for an indefinite period.
2. The Government of the Kingdom of Belgium, the Government of the Kingdom of the Netherlands and the Government of the Grand Duchy of Luxembourg jointly, and the Government of the Republic of Estonia, may, after giving notification to the Government of the Kingdom of Belgium, in its capacity as depositary of this Agreement, which shall inform the other Contracting Parties of this Agreement, suspend this Agreement for important reasons, including for reasons relating to the protection of public health or public health. The Contracting Parties shall promptly, through diplomatic channels, form the lifting of such a measure.
3. The Government of the Kingdom of Belgium, the Government of the Kingdom of the Netherlands and the Government of the Grand Duchy of Luxembourg jointly, and the Government of the Republic of Estonia may, after giving notification to the Government of the Kingdom of Belgium, in its capacity as depositary of this Agreement, which shall inform the other Contracting Parties, denounce this Agreement for important reasons.
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 has received the notification referred to in paragraph 2 and paragraph 3.
ARTICLE 19
Depositary
The Government of the Kingdom of Belgium is depositary of this Agreement.
In faith, 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 February 1999, in four copies, in French, Dutch and Estonian, each of the three texts being equally authentic.
For the Government of the Kingdom of Belgium:
For the Government of the Kingdom of the Netherlands:
For the Government of the Grand Duchy of Luxembourg:
For the Government of the Republic of Estonia:

PROTOCOL OF THE APPROACH TO THE GOVERNMENTS OF Bénélux (BELGIC ROYAUME, BAS ROYAUME, LUXEMBOURG GRAND-DUCHE) AND THE GOVERNMENT OF THE REPUBLIC OF ESTONY RELATING TO THE COMPLIANCE OF PERSONS
The Governments of the Benelux States
(the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg)
and
the Government of the Republic of Estonia,
for the purpose of implementing the Agreement between the Governments of the Benelux States (the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia concerning the readmission of persons in irregular stay,
agreed that:
ARTICLE 1^er
The 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 6 of the Agreement. They are introduced in accordance with Article 7 of the Agreement.
2. The requesting State shall address the competent authority of the requested State.
3. The request contains:
- the name and address of the competent authority of the requesting State, the file number and the date of the request;
- the name and address of the competent authority of the requested State;
- the following introductory text: "We ask that the person of whom there are reasons to believe that there is an obligation to readmission within the meaning of Articles 2, 3 or 4 of the Agreement between the Governments of the States of the Benelux (the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia the Kingdom relating to the readmission of the persons in the stayad
- 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 State.
4. The data to be provided for the person to be remitted are:
4.1. Personal data:
- name and name;
- date of birth;
- place and state of birth;
- sex;
- place of the last residence in the territory of the requested State;
- prior name, pseudonym or nickname where applicable;
4.2. 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 that would permit the proper establishment or presumption of the nationality of the person concerned.
4.3. 2 identity photographs.
5. Indications concerning minor children:
- name and name;
- relationship with the travel title holder;
- day, month and year of birth;
- place of birth;
Contact:
- the child born in the territory of the requesting State;
- 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 requested State shall notify the competent authority of the requesting State of the reply reserved for the request within the time limits provided for in Article 8 of the Agreement.
2. The answer to the request contains:
- the name and address of the competent authority of the requested State, the file number and the date of the response to the request;
- the name and address of the competent authority of the requesting State;
- the name and first name, place and date of birth of the data subject;
- the declaration stating that there is an obligation to readmission of the person concerned within the meaning of the provisions of Articles 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 sections 2, 3 or 4 is not applicable to the person concerned.
ARTICLE 3
Travel title
1. The competent authority of the requesting State shall transmit to the diplomatic or consular representation of the requested State the positive response to the request, with a view to obtaining the travel title.
2. The diplomatic or consular representation of the requested State 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 one (1) month.
4. Where the competent authority of the requesting State is unable to effectively return a person before the expiry of the validity period of the travel title, the competent authority of the requesting State shall notify the competent authority of the requested State. As soon as the effective handover of the interested person may be carried out, the competent authority of the requested State 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 State.
ARTICLE 4
Readmission procedure
1. The competent authority of the requesting State shall notify the competent authority of the requested State of the return of the person concerned ten (10) days and, no later than five (5) 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 State, the file number and the date of the notice of return;
- the name and address of the competent authority of the requested State;
(a) 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/Kingdom of the Netherlands/Great Duchy of Luxembourg/Republic of Estonia the .......... (day, month year), leaving the airport of ....................................h, arriving at the airport of .........................................
(b) When, for justified medical reasons, transportation is carried by land, the introductory part of the text of the notice of return of the person concerned is read 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/Kingdom of the Netherlands/Great Duchy of Luxembourg/Republic of Estonia the ...... (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 request response;
- indicating whether it is a person requiring, because of his or her state of health or age, specific treatment or care;
- indication if it is a person who can cause incidents, with a view to ensuring the necessary escort.
3. If it had been unable to comply with the deadline set out in Article 8, paragraph 2, of the Agreement, for the surrender of the person concerned, the competent authority of the requesting State shall promptly inform the competent authority of the requested State. The competent authority of the requesting State shall inform the competent authority of the requested State, as soon as the effective handover of the interested party, within the time limits provided for 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 Kingdom of the Netherlands:
- for air navigation: Schiphol Airport, Amsterdam;
- for land traffic: border posts to be determined by the competent authorities.
3. For the Grand Duchy of Luxembourg:
- for air navigation: Luxembourg Airport;
- for land traffic: border posts to be determined by the competent authorities.
4. For the Republic of Estonia:
- for air navigation: Tallinn Airport
- for land traffic: border posts determined by the Government of the Republic of Estonia
ARTICLE 6
Competent authorities
1. The competent authorities for the Belgian Party are:
1.1. for the submission of requests to the competent authorities of the Republic of Estonia, the receipt of the replies to the requests, the obtaining of the necessary travel documents from the Embassy of the Republic of Estonia and the sending of the notices of return of the persons concerned:
- the Ministry of the Interior of the Kingdom of Belgium - General Directorate of the Office of Foreigners.
NORTH GATE II
Boulevard E. Jacqmain, 152 - 1000 Brussels
Telephones : ++ 32 2 205 55 86 "return" cell
++ 32 2 205 55 17 "return" cell
++ 32 2 205 55 00 permanence (18 h à 8 h)
Telefax: ++ 32 2 205 55 14 "return" cell
++ 32 2 205 56 80 permanence
1.2. for the receipt of requests from the competent Estonian authorities, the response to requests and the receipt of notices of return of the persons concerned:
- the Ministry of the Interior of the Kingdom of Belgium - General Directorate of the Office of Foreigners.
NORTH GATE II
Boulevard E. Jacqmain, 152 - 1000 Brussels
Telephone: ++ 32 2 205 56 38 border inspection
Telefax: ++ 32 2 205 56 32 border inspection
2. The competent authorities for the Dutch Party are:
- Ministry of Justice
IND - Immigration and Naturalization Service
Office Dublin
Postal box 449
NL B 6900 AK Zevenaar
Telephone: ++ 31 31 636 87 24
Fax: ++ 31 636 86 49
3. The competent authorities for the Luxembourg Party are:
- Ministry of Justice
16, Boulevard Royal
L - 2934 Luxembourg
Telephone: ++ 352 478 45 12
++ 352 478 45 46
Fax: ++ 352 22 76 61
4. The competent authorities for the Estonian Party are:
- Ministry of the Interior
Pikk t. 61,
EE0100 Tallinn,
Republic of Estonia
Telephone: ++ 372 6 125 007
Fax: ++ 372 6 313 744
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 expert committee under Article 13 of the Agreement.
ARTICLE 8
Final provision
This Protocol shall apply from the date of the entry into force of the Agreement between the Governments of the Benelux States (the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia, concerning the readmission of persons in irregular residence.
Done in Brussels on 3 February 1999, in four copies, in French, Dutch and Estonian, the three texts being equally authentic.
For the Government of the Kingdom of Belgium:
For the Government of the Kingdom of the Netherlands:
For the Government of the Grand Duchy of Luxembourg:
For the Government of the Republic of Estonia:

Agreement between the Governments of the Benelux States (the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg) and the Government of the Republic of Estonia concerning the readmission of persons in irregular residence (Readmission Agreement), and the Protocol of Implementation, made in Brussels on 3 February 1999
LIST OF LIES
For the consultation of the table, see image
This Convention has not yet entered into force.