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RS 0.142.391 Agreement of 29 May 1996 between 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 Governmen

Original Language Title: RS 0.142.391 Accord du 29 mai 1996 entre le Ministère de l’Intérieur de la République fédérale d’Allemagne, le Ministère de l’Intérieur de la République de Croatie, le Gouvernement de la République d’Autriche, le Conseil fédéral suisse et le Gouvernement

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0.142.391

Translation 1

Agreement

Between 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 On the transit and transport of war refugees from Bosnia and Herzegovina

Concluded at Bonn on 29 May 1996
Entered into force on 1 Er July 1996

(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:

Section A Transit of war refugees from Bosnia and Herzegovina

Art. 1 Transit for return to country of origin

(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.

Art. 2 Repeated Transit for Special Reason

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.

Art. 3 Obligation to register

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.

Section B Transport

Art. 4

(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,

1.
The risk of being subjected to inhuman treatment or punishment or the death penalty, or
2.
May see his or her life or freedom threatened by reason of race, religion, nationality, membership of a particular social group or political opinion.
3.
The transportation of the person may also be refused if the person is liable to prosecution for a punishable offence.

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.

Art. 5 Procedure

(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.

Art. 6 Means of transport and accompaniment

(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.

Section C Common provisions

Art. 7 Fees

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.

Art. 8 Competent Authorities

The authorities responsible for performing the tasks deriving from s. 1, 4, 5, 6 and 7 are as follows:

1.
For the Federal Republic of Germany: Grenzschutzdirektion Roonstrasse 13 D-56068 Koblenz Tel.: 0261 /399-0 (Vermittlung/mediation) /399250 (Fahndungsleitstelle/service supervisor) Fax: 0261/399472
2.
For the Republic of Croatia: Ministry of the Interior of the Republic of Croatia (Ministarstvo unutarnjih poslova Republike Hrvatske) Division for Migration and Foreign Affairs (Odjel za migracije i strance) Vukovarska 33, HR-10000 Zagreb Tel.: 003851/6122559 Fax: 003851/6112339
3.
For the Republic of Austria: Ministry of the Interior Division III/16 Am Hof 4 A-1014 Vienna Tel.: 00431/53126 Internal number: 4621 Fax: 00431/53126 Internal number: 4648
4.
For Switzerland: Federal Department of Justice and Police Federal Office for Refugees (ODR) 1 Mailing address: Taubenstrasse 16, CH-3003 Bern Tel.: (0041) 31 325 94 14 Fax: (0041) 31 325 91 15
5.
For the Republic of Slovenia: Ministry of the Interior of the Republic of Slovenia (Ministrstvo za notranjie zadeve Republike Slovenije)
(a)
Urad za Varnost Drzavne Meje in Tujce Uprave Policije (Office for the Protection of Borders and Foreigners, within the Security Police Directorate) Stefanova ul. 2, SLO-1000 Ljubljana; Tel.: 386 61 217-580 Fax: 386 61 217-450 (during office hours)
(b)
Ministry of the Interior of the Republic of Slovenia (Ministrstvo za notranjie zadeve Republike Slovenije) Operativno-Komunikacijski Center (operational and communications centre) Stefanova ul. 2, SLO-1000 Ljubljana; Tel.: 386 61 126-31-97 Fax: 386 61 214-300 (outside office hours)

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 ).

Art. Data protection clause

(1) To the extent that the transmission of personal data is required for the purposes of this Agreement, such data shall relate exclusively to:

1.
The identity of the person concerned and, possibly, the identity of the members of his or her family (first names, names, if any previous name, surnames or pseudonyms, date and place of birth, sex, current and previous nationality);
2.
The identity card or passport (number, period of validity, date, authorities and location of the document, etc.);
3.
The other particulars necessary for the identification of the person concerned;
4.
Places of stay and routes;
5.
Residence permits or visas granted by one of the contracting parties;
6.
At the request of one of the Contracting Parties, the other information essential for the examination of the conditions of care under this Agreement.

(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:

1.
The use of the data by the addressee is authorised only for the stated purpose and the conditions laid down by the issuing Contracting Party.
2.
Upon request, the recipient shall inform the issuing Contracting Party of the use of the transmitted data and of the results obtained.
3.
Personal data may be transmitted only to the competent bodies.
4.
If the legal regulations require the consignee to derogate from the c. 1 and 3, such derogations must be submitted to the issuing Contracting Party, whose agreement may be formulated in general terms in accordance with the binding provisions of international law. Any other transmission to other organs and any use for any purpose other than that which has been fixed must receive prior authorisation from the issuing body.
5.
The issuing Contracting Party shall be obliged to ensure that the data to be transmitted are accurate, that they are necessary for the recipient and that they correspond to the purpose in which they were transmitted. In so doing, it must take account of the transmission prohibitions provided for by national law. If it is found that incorrect data were transmitted or that the transmission was not due, the recipient must be notified immediately. It is required to proceed with the correction or destruction of such data.
6.
Upon request, the data subject will be informed of the information available on his/her subject and on the intended use. There is no obligation to inform if it appears that the public interest in maintaining secrecy takes precedence over that of the person concerned to be informed. Moreover, the right of the data subject to receive information about the data personally affecting him is governed by the national law of the Contracting Party in the national territory of which the information was requested.
7.
If the national law applicable to the issuing body provides for special time limits for the destruction of personal data, the latter shall notify the addressee. Irrespective of such delays, personal data must be destroyed as soon as they are no longer necessary for the purpose in which they were transmitted.
8.
Contracting Parties are required to include in their files the transmission and receipt of personal data.
9.
Contracting Parties are required to effectively protect personal data transmitted against unauthorized access, unauthorized alteration and unauthorized disclosure.
Art. 10 Collaboration

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.

Art. 11 Primacy of special inter-state regulations

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.

Art. 12 Entry into force and duration of validity

This Agreement shall enter into force on the first day of the second month following its signature. It is concluded for an indefinite period.

Art. 13 Suspension and Termination

(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.

Art. 14 Depository 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


RO 1996 2957


1 Original German text.


State 1 Er October 1997