Advanced Search

RS 0.142.305 European Agreement of 16 October 1980 on the transfer of responsibility for refugees (with annex)

Original Language Title: RS 0.142.305 Accord européen du 16 octobre 1980 sur le transfert de la responsabilité à l’égard des réfugiés (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.142.305

Original text

European Agreement on the Transfer of Responsibility for Refugees

Conclu in Strasbourg on 16 October 1980
Approved by the Federal Assembly on October 4, 1985 1
Instrument of ratification deposited by Switzerland on 13 January 1986
Entry into force for Switzerland on 1 Er March 1986

(State 1 Er February 2011)

Preamble

The member states of the Council of Europe, signatories to this Agreement, considering that the aim of the Council of Europe is to achieve a closer union among its members,

Still wishing to improve the situation of refugees in Council of Europe member states,

Wishing to facilitate the application of s. 28 of the Convention relating to the Status of Refugees of 28 July 1951 2 And paras. 6 and 11 of its annex, in particular as regards the case of a changing refugee of residence and establishing regularly in the territory of another Contracting Party,

Concerned in particular, in this regard, to specify in a liberal and humanitarian spirit the conditions under which the responsibility to issue a travel document is transferred from one Contracting Party to another,

Whereas it is desirable to regulate this matter in a uniform manner between the member states of the Council of Europe,

Agreed to the following:

Art. 1

For the purposes of this Agreement:

A.
The term "refugee" means a person to whom the Convention relating to the Status of Refugees applies on 28 July 1951 1 Or, where applicable, the Protocol Relating to the Status of Refugees of 31 January 1967 2 ;
B.
The term "travel document" means the title issued under the said Convention;
C.
The term "first State" means the State, which is a party to this Agreement, which has issued this travel document;
D.
The term "second State" means another State, which is a party to this Agreement, in which the refugee is the holder of a travel document issued by the first State.

Art. 2

1. The transfer of responsibility shall be considered to have taken place at the end of a period of two years of actual and uninterrupted stay in the second State with the agreement of the authorities of the latter or, before that, if the second State has admitted the Refugee to remain in his or her territory either permanently or for a period exceeding the validity of the travel document.

This period of two years shall run from the date of admission of the refugee to the territory of the second State or, if such a date cannot be established, from the date on which the refugee presented himself to the authorities of the second State.

2. For the calculation of the period set out in par. L of this article:

A.
Stays authorized solely for study, training or medical care are not taken into account;
B.
The length of the detention of the refugee related to a criminal conviction is not taken into account:
C.
The period during which the refugee is allowed to remain in the territory of the second State until a decision is made following an appeal against a decision to refuse a stay or a removal order is taken into account only if The decision is in favour of the refugee;
D.
Periods during which the rebuttal is absent temporarily from the territory of the second State for a period not exceeding three consecutive months or, on various occasions, for a total duration not exceeding six months, shall be taken into account, the Stay not considered to be interrupted or suspended by such absences.

3. The transfer of liability is also considered to have taken place when, pursuant to s. 4, the readmission to the first State can no longer be requested.

Art. 3

1. Until the date of transfer of responsibility, the travel document shall be extended or renewed by the first State.

2. The refugee is not required to leave the second State for the extension or renewal of his/her travel document and may, for that purpose, apply to the diplomatic missions or consular posts of the first State.

Art. 4

1. As long as there has been no transfer of responsibility pursuant to s. 2, para. 1 and 2, the refugee shall be readmitted to the territory of the first State at any time, even after the expiry of the travel document. In the latter case, the readmission will take place on request of the second State, provided that the application is made within six months of the expiry of that title.

2. If the authorities of the second State do not know where the refugee is and cannot, for that reason, make the request referred to in para. 1 in the six months following the expiry of the travel document, this application must be made within six months after the second State has been informed of the place where the refugee is located, but not later than two years after the expiry of the travel document.

Art. 5

1. From the date of the transfer of responsibility,

A.
The responsibility of the first State to extend or renew the refugee's travel document will cease;
B.
The second State will be responsible for issuing a new travel document to the refugee.

2. The second State will inform the first State that the transfer of responsibility has taken place.

Art. 6

After the date of transfer of responsibility, the second State will facilitate, in the interests of family reunification and for humanitarian reasons, admission to its territory of the spouse and minor or dependent children of the refugee.

Art. 7

The competent administrations of the Parties may communicate directly with each other for the purposes of the application of this Agreement. These administrations will be designated by each State, at the time it expresses its consent to be bound by the Agreement, by means of notification addressed to the Secretary General of the Council of Europe.

Art. 8

Nothing in this Agreement shall affect any rights and benefits that have been granted or may be granted to refugees irrespective of this Agreement.

2. Nothing in this Agreement shall be construed as preventing any Party from extending the benefit of this Agreement to persons who do not meet the conditions set out in this Agreement.

3. The provisions contained in bilateral agreements between the Parties concerning the transfer of responsibility for the issuance of travel documents under the Convention relating to the Status of Refugees of 28 July 1951 1 , or the readmission of refugees in the absence of transfer, shall cease to be applicable as from the entry into force of this Agreement between those Parties. The rights and benefits acquired or being acquired by the refugees under these agreements will not be affected.


Art.

1. This Agreement shall be open for signature by the member States of the Council of Europe which may express their consent to be bound by:

A.
Signature without reservation of ratification, acceptance or approval, or
B.
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 10

1. This Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date on which two member States of the Council of Europe have expressed their consent to be bound by the Agreement in accordance with Provisions of s. 9.

(2) For any Member State which subsequently expresses its consent to be bound by the Agreement, it shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or of the deposit of the instrument of Ratification, acceptance or approval.

Art. 11

1. After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to the Convention relating to the Status of Refugees of 28 July 1951 1 Or, where applicable, the Protocol Relating to the Status of Refugees of 31 January 1967 2 , to accede to the Agreement. The invitation decision will be taken by a majority under s. 20, let. Of the Statute 3 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2. For any acceding State, the Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.


Art. 12

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, approval or accession, designate the territory or territories to which this Agreement shall apply.

2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Agreement to any other territory designated in the declaration. The Agreement shall enter into force in respect of that Territory on the first day of the month following the expiration of a period of one month after the date of receipt of the declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art. 13

Without prejudice to the provisions of Art. 12, this Agreement shall apply to each Party having regard to the limitations and reservations to the obligations assumed by it under the Convention relating to the Status of Refugees of 28 July 1951 1 Or, where applicable, the Protocol Relating to the Status of Refugees of 31 January 1967 2 .


Art. 14

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare the use of one or two reservations set out in the Annex to this Agreement. No other reserves are permitted.

2. Any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.

3. La Parie which has made a reservation concerning a provision of this Agreement shall not be entitled to the application of that provision by another Party; however, it may, if the reservation is partial or conditional, apply to the application Of this provision to the extent that it has accepted it.

Art. 15

1. The difficulties relating to the interpretation of this Agreement shall be settled by direct agreement between the competent administrative authorities and, if necessary, through diplomatic channels.

(2) Any dispute between the Parties concerning the interpretation or application of this Agreement which has not been settled by negotiation or by other means shall, at the request of one of the parties to the dispute, be submitted to arbitration. Each party shall appoint an arbitrator and the two arbitrators shall appoint a third arbitrator. If, within three months of the request for arbitration, one of the parties has not made the appointment of its arbitrator, the arbitrator shall be appointed, at the request of the other party, by the President of the European Court of Human Rights. If the President of the European Court of Human Rights is a national of one of the parties to the dispute, the appointment of the arbitrator shall be the responsibility of the Vice-President of the Court or, if the Vice-President is a national of one of the parties to the Dispute, to the oldest member of the Court who is not a national of one of the parties to the dispute. The same procedure would apply in the event that the two arbitrators could not agree on the choice of the third arbitrator.

The arbitral tribunal shall decide its procedure. Its decisions will be taken by a majority. His sentence will be final.

Art. 16

1. Any Party may, at any time, denounce this Agreement by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

3. The rights and benefits acquired or being acquired by refugees under this Agreement shall not be affected in the event of the termination of such rights and benefits.

Art. 17

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement:

A.
Any signature;
B.
The deposit of any instrument of ratification, acceptance, approval or accession;
C.
Any date of entry into force of this Agreement in accordance with its art. 10, 11 and 12;
D.
Any other act, notification or communication prior to this Agreement.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.

Done at Strasbourg, on 16 October 1980, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe and to any State invited to accede to this Agreement.

(Suivent signatures)

Annex

Reservations

Under s. 14, para. 1, of this Agreement, any State may declare:

1. That, as far as it is concerned, the transfer of responsibility under s. 2, para. 1, shall not be held for the sole reason that he has authorized the refugee to remain in his territory for a period exceeding the validity of the travel document, solely for the purposes of study or training;

2. That he will not accept a readmission application submitted on the basis of the provisions of Art. 4, para. 2.

Scope of application 1 Er February 2011 1

States Parties

Ratification Signature without reservation of ratification (If)

Entry into force

Germany *

25 January

1995

1 Er March

1995

Denmark

17 January

1984

1 Er March

1984

Spain *

21 May

1987

1 Er July

1987

Finland

4 July

1990

1 Er September

1990

Italy *

8 November

1985

1 Er January

1986

Norway

October 16

1980 If

1 Er December

1980

Netherlands a

7 March

1985

1 Er May

1985

Poland

20 April

2005

1 Er June

2005

Portugal

10 March

1982

1 Er May

1982

Romania *

19 July

2000

1 Er September

2000

United Kingdom *

1 Er October

1986

1 Er December

1986

Guernsey

1 Er October

1986

1 Er December

1986

Isle of Man

1 Er October

1986

1 Er December

1986

Jersey

1 Er October

1986

1 Er December

1986

Sweden

October 16

1980 If

1 Er December

1980

Switzerland

13 January

1986

1 Er March

1986

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe.


1 RO 1986 472, 1987 377, 1988 1605, 2002 3984, 2006 2015 and 2011 807. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


State 1 Er February 2011