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)

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0.142.305 original European Agreement on transfer of responsibility for refugees concluded in Strasbourg on 16 October 1980, approved by the Federal Assembly on October 4, 1985, Instrument of ratification deposited by the Switzerland on January 13, 1986, entered into force for the Switzerland on 1 March 1986 (as at 1 February 2011) preamble the Member States of the Council of Europe signatories of this agreement, considering that the aim of the Council of Europe is to achieve a greater unity between its members, still wishing to improve the situation of refugees in the States members of the Council of Europe, to facilitate the application of art. 28 of the Convention relating to the status of refugees of 28 July 1951 and by. 6 and 11 of its annex, in particular in the case of a changing refugee from residence and regularly established in the territory of another party contracting, concerned including, therefor, to specify in a liberal and humanitarian spirit the conditions in which the responsibility of issuing a travel document is transferred from one Contracting Party to another, whereas it is desirable to settle this matter in a uniform manner between the Member States of the Council of Europe , have agreed to the following: art. 1 for the purposes of this agreement: a. "refugee" means a person to whom if applies the Convention relating to the status of refugees of 28 July 1951 or, if necessary, the Protocol relating to the status of refugees of 31 January 1967; b. "title travel" refers to the title issued under this Convention; (c) the expression "first State" means the State a party to this agreement, which has issued this travel document; d. "second State" means a State party to the present agreement, in which is located the refugee, holder of a title of travel issued by the first State.

RS 0.142.30 RS 0.142.301 art. 2-1. The transfer of responsibility is considered as having occurred on the expiry of a period of two years effective and uninterrupted stay in the second State with the agreement of the authorities or before, if the second State admitted the refugee to remain in its territory or on a permanent basis, either for a period exceeding the validity of the travel document.
This two-year period runs from the date of admission of refugees in the territory of the second State or, if such a date cannot be established, as of the date on which the refugee is presented to the authorities of the second State.
2. for the calculation of the period provided for in the by. l of this article: a. stays allowed only for purposes of study, training or medical care are not taken into account; (b) the length of detention of refugees linked 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 following an appeal against a decision of refusal or expulsion measure is taken into account only if the decision is favorable to the refugee; d. the periods during which him shelter is absent temporarily from the territory of the second State for a period exceeding no three consecutive months or, at various times, for a total of more than six months, will be taken into account, the stay is not considered as interrupted or suspended by such absences.

3. the transfer of responsibility is also considered as having occurred when, under art. 4, the readmission in the first State can no longer be requested.

Art. 3-1. Until the date of the transfer of responsibility, travel is extended or renewed by the first State.
2. the refugee is not required to leave the second State to get the extension or renewal of his travel document and may, for this purpose, apply to diplomatic missions or consular posts of the first State.

Art. 4-1. As long as there were no transfer of responsibility under art. 2, by. 1 and 2, the refugee will be re-admitted at any time on the territory of the first State, even after the expiry of the travel document. In the latter case, the readmission will take place upon request of the second State, provided that this request is made within six months following the expiration of this title.
2 If the second State authorities do not know where is the refugee and cannot, for this reason, apply referred to the by. 1 during the six months following the expiry of the travel document, this request must be made within six months after the second State has been informed of the place where the refugee, but at the latest two years after the expiry of the travel document.

Art. 5-1. As of the date of the transfer of responsibility, a. responsibility of the first State to extend or renew the travel document of a refugee will cease; (b) it will be the second State to issue 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 the transfer of responsibility, the second State will facilitate, in the interests of family reunification and for humanitarian reasons, entry into its territory of the spouse and minor children or dependants of the refugee.

Art. 7. the competent authorities of the Parties may communicate directly with each other for the purposes of the application of this agreement. These authorities will be designated by each State, at the time when it expresses its consent to be bound by the agreement, by means of a notification addressed to the Secretary General of the Council of Europe.

Art. 8-1. No provision of this agreement does affect the rights and benefits which were granted or could be granted to refugees independently of this agreement.
2. no provision of this agreement may be interpreted as preventing a party to extend the benefit of this agreement to persons who do not meet the conditions laid down.
3. the provisions contained in bilateral agreements concluded between Parties, regarding the transfer of the responsibility of issuing travel documents, the Convention relating to the status of refugees of 28 July 1951 or the readmission of refugees in the absence of transfer cease to be applicable as from the entry into force of this agreement between these Parties. The rights and benefits acquired or being acquired by refugees under those agreements will not be affected.

SR 0.142.30 art. 9-1. The present agreement is 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, forgotten the source. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. the 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 the provisions of art. 9 2. For any Member State which subsequently expresses its consent to be bound by the agreement, it will take effect 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 that is party to the Convention relating to the status of refugees of 28 July 1951 or, as the case may be, to the Protocol relating to the status of refugees of 31 January 1967, to accede to the agreement. The decision to invite will be the majority provided for in art. 20, let. d, of the Statute and by unanimity of the representatives of the Contracting States entitled to sit on the Committee.
2. for any State signing, the agreement will take effect 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 by the Secretary General of the Council of Europe.

RS 0.142.30 RS 0.142.301 RS 0.192.030 art. 12-1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, approval or accession, designate any territories to which apply this agreement.
2 any State may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this agreement to any territory referred to in the declaration. The agreement will enter into force with respect to 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, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect 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 will apply to each of the Parties in the light of the limitations and reserves to the obligations assumed by it under the Convention relating to the status of refugees of 28 July 1951 or, where appropriate, of the Protocol relating to the status of refugees of 31 January 1967.

RS 0.142.30 RS 0.142.301 art. 14-1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, declare make use of one or two reservations listed in the annex to this agreement. No other reservation may be made.
2. any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or partly by notice to the Secretary General of the Council of Europe. The withdrawal is to take effect on the date of receipt of the notification by the Secretary General.
3. the bet which has made a reservation in respect of a provision of this agreement may claim the application of that provision by any other party; However, it can, if the reservation is partial or conditional, claim the application of that provision insofar as it accepted it.

Art. 15-1. The difficulties related to the interpretation of this agreement will be resolved by direct agreement between the competent administrative authorities and, if necessary, through the diplomatic channel.
2. any dispute between Parties concerning the interpretation or application of this agreement which cannot be settled by negotiation or by other means will be, at the request of one of the parties to the dispute, subject to arbitration. Each Party shall appoint an arbitrator and the two arbitrators to appoint a third arbitrator. If within a period of three months from the request for arbitration, one of the parties did not his arbitrator, the latter will 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 arbitrator will be 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 will apply in case the two arbitrators could not get agreement on the choice of the third arbitrator.
The arbitral tribunal stop its procedure. Its decisions will be taken by the majority. Its award shall be final.

Art. 16-1. Any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the 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 will not be affected in the event of denunciation of it.

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 before related to this agreement.

In faith of what, the undersigned, duly authorized to that effect, have signed this agreement.
Done at Strasbourg, 16 October 1980, in french and English, 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 will be communicated certified copy to each of the Member States of the Council of Europe and to any State invited to accede to this agreement.
(Follow signatures)

Annex reservations under art. 14, by. 1, of this agreement, any State may declare: 1. that, in which case, the transfer of responsibility according to the art. 2, by. 1, will not occur for the sole reason that he has allowed the refugees to stay in its territory for a period exceeding the validity of the travel document, only for purposes of study or training;
2 that it will not accept an application for readmission presented on the basis of the provisions of art. 4, by. 2 scope February 1, 2011 States parties Ratification Signature without reservation of ratification (if any) coming into force Germany * January 25, 1995 March 1, 1995 Denmark January 17, 1984 1 March 1984 Spain * may 21, 1987 July 1, 1987 Finland 4 July 1990 1 September 1990 Italy * November 8, 1985 1 January 1986 Norway October 16, 1980 so 1 December 1980 Netherlands has 7 March 1985 may 1, 1985 Poland April 20, 2005 June 1, 2005 Portugal 10 March

1982 1 May 1982 Romania * July 19, 2000 September 1, 2000 United Kingdom * October 1, 1986 December 1, 1986 Guernsey 1 October 1986 1 December 1986 Isle of Man 1 October 1986 1 December 1986 Jersey 1 October 1986 1 December 1986 Sweden October 16, 1980 if 1 December 1980 Switzerland January 13, 1986 1 March 1986 * reservations and declarations.

Reservations and declarations are not published to the RO. Texts in french and English will be available at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

For the Kingdom in Europe.

RO 1986 472, 1987 377, 1988 1605, 2002 3984, 2006 2015 and 2011 807. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

Status as of February 1, 2011

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