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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, As Well As The Order In Which To Organize Joint Flights Between...

Original Language Title: Noteikumi par kārtību, kādā Latvijas Republika saņem un sniedz palīdzību Eiropas Savienības dalībvalstīm un Šengenas līguma valstīm piespiedu izraidīšanā, izmantojot gaisa telpu, kā arī kārtību, kādā organizējami kopīgi lidojumi starp Eiropas Savienības d

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Cabinet of Ministers Regulations No. 630 in Riga on 16 august 2011 (pr. No 48 10. §) rules on procedure in 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, as well as the order in which to organize joint flights between the Member States of the European Union and Schengen countries Issued in accordance with immigration law 50.3 of 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) in forced return using air space, the amount of aid, as well as procedures for the organisation of joint flights between Member States.
2. ensure the fulfilment of the State border.
3. State border guard Chief determines the contact points, which provide: 3.1 request to be sent to the competent authority of the Member State and the organisation of the joint flight;
3.2. consideration of the request received and the reconciliation, as well as the provision of support during transit.
4. transit implemented within 24 hours from the moment of its inception. The State border guard of the point of contact officer for that period may be extended to 48 hours, if there are special grounds (for example, the flight has been postponed, an unexpected event that foreigners in health state changes).
II. The order in which the State border will send a request to the Member State to expel foreigners 5., the State border guard of the point of contact, the pfso requests a transit through a Member State, if: 5.1. it is not possible to use a direct flight to the country of destination;
5.2. transit can provide one in the airport.
6. To request transit by convoys (or without it) and with the help of transit, the State border guard contact point designated officer shall submit to the competent authority of the Member State in writing by completing a specific form (annex).
7. The request shall be made not later than 48 hours prior to the commencement of transit. Particularly urgent and justified cases, this period may be shorter (for example, limited transit flight option).
8. where a Member State, the competent authority shall refuse or revoke transit permission of the previously issued rule 11.4. in the case referred to in point, contact point of the State border guard officer, after consultation with the competent authority of the Member State shall submit a new request.
9. State border guard of the transit Member State shall not, without the permission of the competent authority.
III. Arrangements for the State border guard of the receive and consider the request of the competent authority of the Member State of 10. State border guard of the point of contact officer 48 hours after receipt of the request in writing inform the competent authority of the Member State of the decisions taken, to allow or refuse the transit, as well as the readiness to provide the competent authorities of the Member State requested assistance, its scope and nature. The national contact point of the border guard officer specifically justified cases, this time limit may be extended by 48 hours (for example, if you need to make additional checks of foreigners).
11. the contact points of the State border guard officer is entitled to refuse the transit in the following cases: 11.1. the foreigner the returnees in accordance with Latvian law, are charged with committing a crime or is wanted for the carrying out of a sentence;
11.2. transit through other States or admission by the country of destination is not feasible;
11.3. the expulsion, the Republic of Latvia is the need to move to another airport;
11.4. for practical reasons the requested assistance is impossible at that time;
11.5. There is reasonable suspicion that the returnees a foreigner a threat to public policy, public security, public health or international relations.
12. This rule 11.4. in the case referred to in subparagraph a focal point of the State border guard officer agreed with the competent authority of the Member State on the date of new transit.
13. the national contact point of the border guard officer may withdraw the authorization already issued to take transit, where it is found that the provisions referred to in paragraph 11. On request the cancellation of the national border guard officer contact point shall immediately inform the competent authority of the Member State that made the request.
IV. With transit-related aid measures 14. State border guard of the point of contact officer after consultation with the competent authority of the Member State, using the available features and compliance with the relevant international standards, ensure the provision of the following assistance measures: 14.1 in the event that foreigners celebration at the aircraft and escorting airport;
14.2. first aid for returnees and escorts of foreigners, as well as, if necessary, emergency medical teams in the call;
14.3. foreigners in the returnees and escorts;
14.4. in the receipt of travel documents of crew, aircraft storage and transmission, if the removal is carried out without escorts;
14.5. the competent authorities of the Member States, requesting information on the place and time of the foreigner of the returnees left the territory of the Republic of Latvia, where transit is carried out without escorts;
14.6. the competent authorities of the Member States, requesting information on foreigners in transit of returnees during the incidents.
15. This rule 14.2. in the case referred to in subparagraph advice is required.
16. State border guard contact point concerned upon the request of the competent authority of the Member State may: 16.1 housed foreigners of the returnees in temporary holding space at the airport;
16.2. use legitimate means to prevent or end in relation to foreigners attempt to resist the transit.
17. The returnees foreigners readmitted or sent to the Member State which submitted the request, in the following cases: 17.1. permission to make a transit is refused or withdrawn;
17.2. the returnees have entered the country to foreigners, before receiving permission to make transit;
17.3. expulsion of foreigners in relation to another transit country or to the country of destination, or boarding of the next connecting flight has been unsuccessful;
17.4. the transit is not possible in other objective reason.
18. the transit, escorts are not entitled to carry or carry weapons and wear uniforms. The convoy you can use special distinction.

19. the powers of the Escorts on the territory of the Member States is limited to self-defence.
20. If the competent authorities of the Member State representatives do not support the national border guard convoys during the implementation of transit, the State border guard convoy can respond to immediate and real threat with a reasonable and proportionate action to: 20.1. prevent the foreigners escaping the returnees;
20.2. the returnees do not allow foreigners to harm yourself or another person in the convoy;
20.3. to prevent damage to property.
21. the national border guard may request the competent authorities of the Member State to be produced in convoy documents or to provide the following information: 21.1. State border guard of the appropriate point of contact officers issued the permission to make transit;
21.2. the travel documents;
21.3. the service card, badge, another service document or authorisation certificate;
21.4. information on returnees foreigners (foreigners).
22. State border guard convoy carrying out passthrough, provided with the following documents and information: 22.1. the competent authorities of the Member State issuing the transit permit;
22.2. travel documents;
22.3. service card, another service document or authorisation certificate;
22.4. information on returnees foreigners (foreigners).
23. National Guard is entitled to request the competent authority of the Member State that made the request, to cover expenditure relating to the assistance provided, and expenses incurred in sending foreigners back to the returnees.
24. Where the request is presented by the National Guard, it shall bear the expenses incurred in taking back of foreigners of the returnees.
V. joint flights for removals 25. State border guard of the organised joint flights and participating Member State competent authorities organised joint flights, to ensure the expulsion of foreigners, using air space.
26. The State border guard of organising joint flights: 26.1. inform the competent authorities of the Member States on a joint flight and agree on the Organization of it;
26.2. 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;
26.3. requests from the countries of transit and destination countries outside the permissions that are required for the implementation of the joint flight;
16.4. by agreement with the joint flight of the participating Member States, the competent authorities shall determine the activities of foreigners of the returnees needed for konvojniek;
26.5. mutual agreement with the joint flight concerned to the competent authorities of the Member States, specifying the necessary actions and procedures;
16.5. conclude financial agreements with the joint flight concerned to the competent authorities of the Member States;
16.6. 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.
27. If you decide to participate in the national border guard of the competent authorities of the Member States in the joint flight, organized it: 27.1. their intention to inform the competent authority of the Member State, specifying the number of foreigners;
27.2. ensure that for each returnee convoys foreigner. If the convoy is provided by the competent authority of the Member State which organises joint flight, the State border guard of at least two representatives in the presence of the aircraft. These representatives, which status corresponds to the convoy, are responsible for foreigners in the Republic of Latvia of the returnees in the country of destination;
16.3. provide each returnee for the foreigner a valid travel documents and any other necessary additional documents (such as entry or transit visas, certificates);
27.4. 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.
28. the expenses related to the participation of the State border guard of joint flights and the organisation of joint flights shall be borne by the National Guard assigned to the budget.
Informative reference to European Union directives, the regulations include provisions resulting from: 1) Council of 25 November 2003 Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air;
2) Council December 16, 2008. of Directive 2008/115/EC on common standards and procedures in Member States for the return of third-country nationals who are staying illegally.
Prime Minister v. dombrovsky ad interim Minister for the Interior, the Minister of justice a. Štokenberg annex a Cabinet of 16 august 2011 regulations No 630 ad interim Minister for the Interior, the Minister of justice a. Štokenberg in