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Translation 1
(State 1 Er July 1996)
The Ministry of the Interior of the Federal Republic of Germany, the Ministry of the Interior of the Republic of Croatia, the Government of the Republic of Austria, the Swiss Federal Council and the Government of the Republic of Slovenia, hereinafter Contracting Parties,
Agreed to the following provisions:
(1) The Contracting Parties shall authorise, without financial compensation and in accordance with the terms of this Section, the transit on their national territory of war refugees who are nationals of Bosnia and Herzegovina who are returning to their country Of origin.
(2) The condition of transit shall be the possession of a valid passport, established by the Republic of Bosnia and Herzegovina, bearing the statement that the holder is in the process of repatriation to Bosnia and Herzegovina.
(3) The State of temporary residence shall undertake to readmit the person whose continuation of the journey through other states of transit or entry into the State of destination is not ensured.
(4) A transit visa, issued by the Contracting Parties, is not required.
The repeated transit of war refugees from Bosnia and Herzegovina is also authorised, without financial compensation, for the purpose of visiting the State of destination. The possession of a valid passport, issued by the Republic of Bosnia and Herzegovina, is required for that purpose; it must be clear from this document that the holder is entitled to return to the State of temporary residence. Art. 1, para. 3, applies mutatis mutandis.
The Contracting Parties shall maintain a register of personal data (first names, names, date and place of birth) and of the type and number of the passport, so that the readmission provided for in Art. 1, para. 3, is guaranteed.
(1) The Contracting Parties shall authorise the carriage of persons on their national territory in accordance with Art. 1, where another Contracting Party is required and their assumption of responsibility in any transit State and in the State of destination is ensured.
(2) Transport may be refused if the person, in another transit State or in the State of destination,
In all cases, the applicant confirms that transport cannot be carried out under such conditions.
(3) A transit visa for the required part is not required.
(4) Even after the granting of an authorization, persons admitted in transit may be referred to the requesting party, if there are facts which are contrary to transport within the meaning of para. 2 appear or are subsequently revealed, or if the continuation of the journey or the readmission by the State of destination is no longer ensured.
(1) An application for transportation within the meaning of s. 4 must be filed in writing with the Contracting Parties required. Where possible, it shall indicate the personal data of the war refugee from Bosnia and Herzegovina (given names, names, date and place of birth, nationality, type and number of the travel document); it shall specify in all cases that the Conditions set out in s. 4, para. 1, are satisfied and there is no reason for refusal within the meaning of s. 4, para. 2, is not known. On the other hand, it must indicate at which border post and at what time the person's assumption will take place, give the indications concerning the flight (day, number and time of flight), whether the envisaged transport is by air and provide the Information relating to prospective official escorts.
(2) The requested parties shall inform the requesting party without delay and in writing of their agreement or refusal; they shall inform the applicant at which border post and at what time the person shall take charge of the person or specify the grounds for the refusal.
(3) The care of persons shall take place at the border points of the State of transit or destination, in the presence of representatives of the competent authorities of the applicants or required.
(1) The transit through private vehicles shall be authorized in accordance with ss. 1 and 2.
(2) Where s. 4, the national territory of the requested party may be crossed by the vehicles of the requesting party or after prior agreement, by those of the required party. Representatives of the competent authorities accompany the transport. In order to regulate the transport and care of persons, the parties required allow the representatives of the requesting party to enter and stay without a visa on their territory.
The applicant shall bear, up to the border of the State of destination, the costs of travel through the transit states and, where applicable, the cost of return and residence within the meaning of Sections A and B.
The authorities responsible for performing the tasks deriving from s. 1, 4, 5, 6 and 7 are as follows:
1 Currently: Secretariat of State for Migration (SEM), Management Domain Asile, Dublin Division, Quellenweg 6, CH-3003 Bern-Wabern, Fax: + 41/58 465 93 79, Tel: 41/58 465 11 11 (see RO 2014 4451 ).
(1) To the extent that the transmission of personal data is required for the purposes of this Agreement, such data shall relate exclusively to:
(2) Where, within the framework of this Agreement, personal data are transmitted according to the criteria of national law, the following provisions shall apply in addition, taking into account the legal requirements of each party Contracting:
The Contracting Parties undertake to resolve by mutual agreement the problems which may arise in the implementation of this Agreement. They shall regularly communicate the information necessary for this purpose.
The obligations of the Contracting Parties arising from international treaties relating to the readmission and refoulement of persons in an irregular situation are not affected by this Agreement.
This Agreement shall enter into force on the first day of the second month following its signature. It is concluded for an indefinite period.
(1) Each Contracting Party may, in the presence of important reasons, in particular if national security is disturbed or threatened, and after consulting the other parties, suspend or terminate this Agreement by notifying the State of its decision Depositary.
(2) The suspension or denunciation shall enter into force on the first day of the month following receipt of the notification in question by the depositary State.
The Ministry of the Interior of the Federal Republic of Germany is the depositary State of this Agreement.
Done at Bonn on 29 May 1996, in an original copy, in the German, Croatian and Slovenian languages, each text being authentic, and deposited in the archives of the Ministry of the Interior of the Federal Republic of Germany.
For the Ministry of the Interior of the Federal Republic of Germany: |
Manfred Kanther
For the Ministry of Interior of the Republic of Croatia: |
Ivan Jarnjak
For the Government of the Republic of Austria: |
Caspar von Einem
For the Swiss Federal Council: |
Arnold Koller
For the Government of the Republic of Slovenia: |
Andrej Ster
1 Original German text.