Provisions On The Procedures Of The Republic Of Latvia Shall Receive And Provide Assistance To The Member States Of The European Union And Schengen Countries In Forced Return By Air Space, The Amount Of This Assistance And Procedures For The Organisati...

Original Language Title: Noteikumi par kārtību, kādā Latvijas Republika saņem un sniedz palīdzību Eiropas Savienības dalībvalstīm un Šengenas līguma valstīm piespiedu izraidīšanā pa gaisa telpu, šīs palīdzības apjomu un kārtību, kādā organizējami kopīgi lidojumi starp Eiropas Sav

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Cabinet of Ministers Regulations No. 337 in Riga, 2006 April 25 (Mon. No 24 45) provisions on the procedures of the Republic of Latvia shall receive and provide assistance to the Member States of the European Union and Schengen countries in forced return by air space, the amount of this assistance and procedures for the organisation of joint flights between the Member States of the European Union and Schengen countries Issued in accordance with immigration law 50. the third paragraph of article i. General questions 1. determines the order in which the Republic of Latvia shall receive and provide assistance to the Member States of the European Union and Schengen countries (hereinafter referred to as Member States) the forced return of the airspace the amount of this assistance, as well as procedures for the organisation of joint flights between Member States. 2. The terms used in the following terms: 2.1. escort-State border guard (guard) or the competent authority of another Member State employees who are responsible for escorting returnees (including medical staff and interpreters);
2.2. common flight-organized transport of returnees, to carry out forced removals by air space (further-removal). Transport is carried out an air carrier selected for that purpose;
2.3. the transit by air space-returnees and, if necessary, the escort of movement through the State in the airport zone, which receives the request for transit by air (further-request);
2.4. in the event that the person-each returnee from the territory of a Member State who is not a Member State of the European Union, the Republic of Iceland, the Kingdom of Norway or nationals of the Swiss Confederation. 3. ensure the implementation of the border. 4. the focal point for the provision of information and officials be provided with assistance related to the expulsion measures, determined by the border guard Chief. II. The procedure sends, receives and examines the request for 5. deportation, border can request transit by air via another Member State, if: 5.1. it is not possible to use a direct flight to the country of destination;
5.2. transit by air space it is possible to provide a single airport. 6. To request transit by air space with or without escort and transit through the airspace-related support measures, submitted to the national competent authority of another Member State (hereinafter referred to as the competent authority) request in writing by completing a certain form (annex). 7. the border guard of the request shall be submitted to the competent body not later than 48 hours before the transit. The time limit may be waived in particularly urgent and justified cases. 8. Border transit by air shall not begin without the authorisation of the competent authority. 9. Border 48 hours to reply to the request of the competent authority and communicate your decision-whether or not to authorise transit by air space. Specifically justified cases, this time limit may be extended by 48 hours. 10. Border is entitled to refuse transit by air space in the following cases: 10.1 person returnees is accused of committing a crime or is wanted for the carrying out of a sentence;
10.2. transit through other States or admission by the country of destination is not feasible;
10.3. the expulsion, the Republic of Latvia is the need to move to another airport;
10.4. for practical reasons the requested assistance is impossible at that time;
10.5. There is reasonable suspicion that the person is a threat to returnees to public policy, public security, public health or international relations. 11. This rule 10.4. in the case referred to in subparagraph border shall without delay inform the competent institution of the date on which it is possible to make a transit through the airspace. 12. the border may be cancelled if the authorisation to carry out the transit by air space, where it is found that the provisions referred to in paragraph 10. 13. If permission to make a transit through the airspace, refused or withdrawn in accordance with the provisions of paragraph 10, or 12, the border shall without delay inform the competent authority that made the request. 14. the border upon request, the competent authority shall determine the transit through the airspace of the nature and extent of the assistance. III. With the removal by air-related aid measures 15. Border and the competent authority shall take the necessary steps to complete the transit by air space 24 hours from the moment of its inception. 16. following consultation with the competent border authority, using the available features and compliance with the relevant international standards, the following assistance measures: 16.1. returnees celebration at the aircraft and escorting airport;
16.2. emergency medical assistance to the returnee and the escort;
16.3. returnees and escort;
16.4. the returnees with accommodation in rooms provided for this purpose (the only airport);
16.5. the receiving, keeping and forwarding travel documents, in the case of unescorted removals;
10.3. the competent bodies-requesting-information about the site and the time when the person leaves the returnees to the territory of the Republic of Latvia, in cases of unescorted transit;
10.4. the competent bodies-requesting-information on returnees in transit during the spate of serious incidents. 17. This rule 16.2. in the case referred to in subparagraph advice is required. 18. Where the competent authority cannot ensure that transit through the airspace of completion of these provisions within the time limit referred to in point 15, at the request of the competent institution and the reconciliation with the border may continue to transit through the airspace. In such a case, the transit period may be extended to 48 hours. 19. The returnees be taken back or sends it to the requesting State in the following cases: 19.1 permission to make a transit through the airspace is rejected or withdrawn;
19.2. in relation to the person concerned entered the country before you have received permission to make a transit;
19.3. returnees expulsion to another transit country or to the country of destination, or boarding of the next connecting flight has been unsuccessful;
19.4. the transit by air is not possible for another objective reason. 20. the costs of assistance provided and expenses incurred in sending back the returnees shall be borne by the competent authority-the applicant. 21. If the request presented by the guard, it shall bear the expenses incurred in taking back the returnees. IV. The powers of the escorts escort 22 participants must comply with the legislation of the Member State within the territory of which they reside. 23. the transit by air space, escort the participants are not entitled to carry or carry weapons and wear uniforms. Escort members use a special identification mark (badge, ID card, certificate of authority). The special identification mark may be affixed to clothing clearly visible. 24. the members of the Escort has the right to use physical force and special means in accordance with the requirements of the law of the Member State in whose territory they are located, to: 24.1. prevent returnees from escaping;
24.2. prevent returnee hurt themselves, escort participants or third parties;
24.3. to prevent damage to property. 25. at the request of the competent national authorities escort presented such documents or to provide the following information: 25.1. border transit authorisation issued;
25.2. travel documents;
25.3. service card, badge, another service document or authorisation certificate;
25.4. information on returnees (people). 26. the border guard escorts who take transit by air space, provided with the following documents and information: 26.1. the competent authorities of transit authorisations issued;
26.2. travel documents;
16.3. service card, badge, another service document or authorisation certificate;
26.4. information on returnees (people). V. joint flights for removals of 27 border organised joint flights and participating competent authorities organised joint flights, to ensure the expulsion of air space. 28. the border through joint flight: 28.1. contact with the competent authorities and shall agree on the organisation of the joint flight;
28.2. requests from transit and destination countries outside the permissions that are required for the implementation of the joint flight;
28.3. the legislation of the Republic of Latvia in accordance with the procedure laid down by the designated air carrier and, together with the costs of the joint flight, assume the contractual obligations and ensure that all the measures necessary for the implementation of the joint flight;
28.4. mutual agreement with the competent authorities concerned, specifying the necessary actions and procedures;
28.5. mutual agreement with the competent authorities concerned, shall determine the escorting returnees escorts required for number of participants;
28.6. conclude financial agreements with the tītaj going to the competent authorities;
28.7. promptly inform the Latvian diplomatic and consular representations in the third countries in question, if it is a transit or destination countries, measures relating to the common flight. 29. If the guard decides to participate in the competent authorities organised a joint flight, it:

29.1. their intention to inform the competent authority, indicating the number of the returnees;
29.2. provides escorts for each returnee. If the escort is provided by the competent authority of the border provide at least two representatives in the presence of the aircraft. These representatives, which status corresponds to the escort, are responsible for the Republic of Latvia of the returnees in the country of destination;
3. provide each returnee and escorts valid travel documents and any other necessary additional documents (entry or transit visas, permits and other documents);
29.4. promptly inform the Latvian diplomatic and consular representations in third countries where they are the country of transit or of destination, on the arrangements concerning the joint flight. 30. the border guard participating in joint flights and the organisation of joint flights for the associated costs provides the budgetary resources allocated to the border guards. Informative reference to European Union directive rules included provisions deriving from Council of 25 November 2003 Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air. Prime Minister a. Halloween Interior Minister b. Jaundžeikar annex a Cabinet of 25 April 2006, the Regulation No 337 Interior Minister Jaundžeikar of apt.