I. Competent authorities and border crossing points Article 1 Competent authorities

Similar documents
Have agreed as follows: Article 1 Definitions

Agreement. Protocol to the Agreement

8793/09 MIK/SC/jr DG H 1 B

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

10693/12 AV/DOS/ks DG D

ACCORD BETWEEN THE GOVERNMENT OF THE KINGDOM OF SPAIN AND THE GOVERNMENT OF AUSTRALIA ON THE YOUTH MOBILITY PROGRAMME

Official Journal of the European Union AGREEMENT

LAW ON THE REPRESENTATIVENESS OF TRADE UNIONS

EUROPEAN AGREEMENT ON TRAVEL BY YOUNG PERSONS ON COLLECTIVE PASSPORTS BETWEEN THE MEMBER COUNTRIES OF THE COUNCIL OF EUROPE

Mission of Montenegro to the European Union

DECREE ON PROMULGATION OF THE FOREIGN NATIONALS LAW

FEDERAL LAW OF THE RUSSIAN FEDERATION ON THE PROCEDURE FOR EXIT FROM THE RUSSIAN FEDERATION AND ENTRY INTO THE RUSSIAN FEDERATION

ANNEX. to the. Proposal for a Council Decision

AGREEMENT. between. the Government of the Republic of Slovenia. and. the Government of the Republic of Serbia

THE LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (Official Gazette of Montenegro, No. 04/08 dated ) I. GENERAL PROVISIONS

Ad-Hoc Query on obtaining a new travel document for irregular third-country national for return procedure. Requested by LV EMN NCP on 16 January 2015

BETWEEN THE REPUBLIC OF AUSTRIA AND MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Criminal Procedure Code No. 301/2005 Coll.

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE RE- PUBLIC OF CROATIA ON MUTUAL ASSISTANCE IN THE EVENT OF DISASTERS OR SERIOUS ACCIDENTS

AMENDED PROTOCOL II SUMMARY SHEET

LAW ON THE PERSONAL IDENTIFICATION CARD

QUESTIONNAIRE FOR THE NATIONAL REPORT ON THE IMPLEMENTATION OF THE DIRECTIVE : ASSISTANCE FOR TRANSIT OF 25 NOVEMBER 2003 IN: Portugal

EUROPEAN UNION. Brussels, 16 June 2009 (OR. en) 2006/0142 (COD) PE-CONS 3625/09 VISA 127 COMIX 317 CODEC 538

Once you have gathered all the information required please send to Key Travel s visa department

Once you have gathered all the information required please send to Key Travel s visa department

THE AGREEMENT WAS SIGNED IN OSLO ON 2 NOVEMBER THE AGREEMENT HAS NOT ENTERED INTO FORCE. AGREEMENT

In addition, the Ministry of Foreign Affairs of the Republic of Slovenia has the honour to underline the following:

Processing Readmission Cases in Armenia

COUNCIL OF THE EUROPEAN UNION. Brussels, 7 July 2005 (28.07) (OR. nl) 10900/05 LIMITE CRIMORG 65 ENFOPOL 85 MIGR 30

Agreement between the European Union and Ukraine on the facilitation of the issuance of visas

AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA AND THE INTERNATIONAL ORGANIZATION FOR MIGRATION

12094/15 RD/DOS/vm DGD 1

Arrangement of documents before Pre -submission

Once you have gathered all the information required please send to Key Travel s visa department

AGREEMENT ON FILM CO-PRODUCTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOVERNMENT OF THE STATE OF ISRAEL

Reports of Cases. JUDGMENT OF THE COURT (Fourth Chamber) 21 June 2012 *

Volume 2339, I Article 1. Definitions

CIRCULAR NOTE THE PRIVILEGED STATUS OF THE SPOUSES AND UNMARRIED LEGAL PARTNERS OF THE STAFF MEMBERS OF DIPLOMATIC MISSIONS.

Austria International Extradition Treaty with the United States. Message from the President of the United States

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

AGREEMENT. between. the European Union. and. the Republic of Serbia

SAUDI ARABIAN BUSINESS VISA

CIRCULAR NOTE. (updated on July 1, 2016)

FEDERAL LAW CONCERNING THE GRANTING OF ASYLUM (2005 ASYLUM ACT ASYLGESETZ 2005)

On Documents of Identification

Both sides have come to the understanding that their Cooperation in the field of mi- gration should be guided by the following general principles:

ORDER FORM VISA USA ESTA

29. CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE 1. (Concluded 25 October 1980)

Passed by the State Duma on June 21, 2002 Approved by the Federation Council on July 10, Chapter I. General Provisions

NOTE BY THE DIRECTOR-GENERAL

STRENGTHENING RESILIENCE THE MEDITERRANEAN, EUROPE AND THE WESTERN BALKANS

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

DRAFT PROTOCOL ON THE FACILITATION OF MOVEMENT OF PERSONS

AGREEMENT BETWEEN THE KINGDOM OF SWEDEN AND THE ORIENTAL REPUBLIC OF URUGUAY ON A WORKING HOLIDAY PROGRAMME

COUNCIL OF THE EUROPEAN UNION. Brussels, 28 September 2010 (OR. en) 13712/10 Interinstitutional File: 2010/0227 (NLE) VISA 218 AMLAT 102

Ad-Hoc Query EU Laissez-Passer. Requested by SE EMN NCP on 24 August Compilation produced on 14 th October

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION


of the Russian Federation

ANNA UNIVERSITY OF TECHNOLOGY MADURAI Alagar Koil Road, Madurai

GOVERNMENT EMERGENCY ORDINANCE No. 194 from 12 December 2002 (**republished**)(*updated*) on the status of aliens in Romania**)

REPUBLIC OF MONTENEGRO DECREE ON THE PROCLAMATION OF THE LAW ON GENERAL ADMINISTRATIVE PROCEDURE

COMMISSION REGULATION (EC) No /...

Pursuant to Article 59 paragraph 10 of the Law on Foreigners ( Official Gazette of MNE no. 12/18), the Ministry of Interior adopted

Notice of Proposed Movement of Persons in Custody (PIC)

IMO MONITORING THE IMPLEMENTATION OF THE HNS CONVENTION: DEVELOPMENT OF A POSSIBLE DRAFT PROTOCOL TO THE CONVENTION TEXT OF THE DRAFT PROTOCOL

Application for National Visa

FEDERAL LAW CONCERNING THE GRANTING OF ASYLUM (2005 ASYLUM ACT ASYLGESETZ 2005)

ACT No 486/2013 Coll. of 29 November 2013 concerning customs enforcement of intellectual property rights

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

Women in the Security Sector: Challenges and Opportunities for the OSCE Area and Beyond Vienna, 1 October 2018

Act II of on the Admission and Right of Residence of Third-Country Nationals. General Provisions

THE PRIME MINISTER ASYLUM ACT

LAW ON CITIZENSHIP OF BOSNIA AND HERZEGOVINA UNOFFICIAL CONSOLIDATED TEXT

Ad-Hoc Query on recognition of identification documents issued by Somalia nationals. Requested by LU EMN NCP on 3 rd July 2014

ANNEX. to the. Proposal for a Council Decision

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN FOR THE EXCHANGE OF INFORMATION

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA AND THE GOVERNMENT OF THE KINGDOM OF SWEDEN

LAW ON FOREIGNERS CHAPTER I GENERAL PROVISIONS. Subject of the Law. Article 1

AGREEMENT BETWEEN THE EUROPEAN UNION AND THE PEOPLE'S REPUBLIC OF CHINA ON THE SHORT-STAY VISA WAIVER FOR HOLDERS OF DIPLOMATIC PASSPORTS

IMO. Submitted by the Secretariat

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

Organization for Security and Co-operation in Europe

CIRCULAR NOTE THE ACCREDITATION OF A DIPLOMATIC HEAD OF MISSION IN BELGIUM

Joint Way Forward on migration issues between Afghanistan and the EU

The Act on Collective Bargaining

Local Border Traffic Permit Regulation

The High Contracting Parties to the present Treaty, Member States of the European Union,

Italy Tourist visa Application

Once you have gathered all the information required please send to Key Travel s visa department

TITLE 5 TITLE 5 Chapter 5:05 Previous Chapter CHILD ABDUCTION ACT

***I REPORT. EN United in diversity EN. European Parliament A8-0434/

CENTRAL BANK OF BAHRAIN. Form 2: Application for Authorisation of Controller (Application for authorisation of controller in the Kingdom of Bahrain)

AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE CZECH REPUBLIC REGARDING WORKING HOLIDAY VISAS

ELECTIONS TO THE PARLIAMENT OF THE CZECH REPUBLIC

Once you have gathered all the information required please send to Key Travel s visa department

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS. Guidance for Authorities Outside of Kenya

Identity Documents Act

Transcription:

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 1 von 13 PROTOCOL BETWEEN THE AUSTRIAN FEDERAL GOVERNMENT AND THE GOVERNMENT OF MONTENEGRO FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF MONTENEGRO ON THE READMISSION (RETURN AND ADMISSION) OF PERSONS RESIDING WITHOUT AUTHORISATION The Austrian Federal Government and the Government of Montenegro (hereinafter referred to as "Contracting Parties"), pursuant to Article 19 of the Agreement between the European Community and the Republic of Montenegro on the readmission (return and admission) of persons residing without authorisation (hereinafter referred to as "Agreement"), have agreed as follows: I. Competent authorities and border crossing points Article 1 Competent authorities 1. The competent authorities for the implementation of the Agreement and the Protocol on the part of Austria shall be: - - For readmission and transit operations: Federal Ministry of the Interior Department for Migration Police and Border Control - - For conducting an interview to establish the nationality pursuant to Article 8 paragraph 3 of the Agreement: Austrian Embassy in Montenegro 2. The competent authorities for the implementation of the Agreement and the Protocol on the part of Montenegro shall be: - - For readmission: Ministry of Internal Affairs and Public Administration Section for administrative and internal affairs - - For transit operations: Directorate of Police Department for Foreigners and fight against illegal migration - - For conducting an interview to establish the nationality pursuant to Article 8 paragraph 3 of the Agreement Embassy of Montenegro in Austria 3. The Contracting Parties shall communicate to each other through diplomatic channels the contact data (address, telephone, fax and e-mail) and all changes in connection with the competent authorities. Article 2 Border crossing points 1. The border crossing points at the airport to be used for return and transit of persons residing without authorisation shall be:

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 2 von 13 - On Austrian territory: Vienna International Airport Wien-Schwechat Stadtpolizeikommando Schwechat Grenzpolizeiinspektion 1300 Flughafen Objekt 102 Tel: + 43 (0) 70166/740 Fax. + 43 (0) 70166/749 E-mail: GPI-N-Schwechat-Flughafen@polzei.gv.at - On Montenegrin territory: International border crossing point Airport Podgorica Department of Border Police Podgorica 8100 Tel: + 382 020 225618 Fax. + 382 020 225618 E-mail: isp.gp.podgorica@t-com.me 2. If required in an individual case, return and transit of persons can also be carried out via border crossing points not stated in this Article, provided the competent authorities have agreed on this fact with each other in written form. 3. The Contracting Parties shall inform each other directly as well as on diplomatic way about any amendments of the contact details (address, telephone, fax an e-mail). II. Readmission procedure Article 3 Readmission application 1. Pursuant to Article 7 paragraph 3 of the Agreement, the competent authority of the requesting Contracting Party shall send the readmission application directly to the competent authority of the requested Contracting Party by fax or any other secure transmission medium, using the common form contained in Annex 6 to the Agreement. The competent authority of the requested Contracting Party shall send a reply to the readmission application directly to the competent authority of the requesting Party named in Article 1, by fax or any other secure transmission medium, using the common form contained in Annex 1 to this Protocol. 2. The time limits for submitting a reply to the readmission application are contained in Article 10 paragraph 2 and 3 of the Agreement. 3. In addition to the documents listed in Annex 1 to the Agreement, the Montenegrin nationality shall be proved by submission of the following documents: - Travel documents (passports) issued after 5 May 2008 - Identity cards issued after 5 May 2008.

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 3 von 13 Article 4 Transfer modalities and modes of transportation 1. Upon approval by the requested Contracting Party of the readmission of the person to be transferred or after expiry of the 12-day (twelve) period provided in Article 10 paragraph 2 of the Agreement a notice in writing of the competent authority of the requesting Contracting Party shall be sent directly to the competent authority of the requested Contracting Party by fax or any other secure transmission medium, using the form contained in Annex 3 to this Protocol. The notice to the competent authority of the requested Contracting Party shall be given at the latest 2 (two) working days before the person's scheduled date of transfer. 2. If there are legal or factual obstacles which make the transfer impossible at the scheduled time, the requesting Contracting Party shall notify the requested Contracting Party of these circumstances and shall communicate the new time and place for the scheduled transfer. Article 5 Readmission in error If the requesting Contracting Party takes back a person readmitted in error upon a duly motivated request by the requested Contracting Party, all documents concerning the person shall be returned to the requesting Contracting Party in the original. III. Transit operations Article 6 Transit application 1. Pursuant to Article 14 paragraph 1 of the Agreement the competent authority of the requesting Contracting Party shall send the transit application directly to the competent authority of the requested Contracting Party by fax or any other secure transmission medium, using the form contained in Annex 7 to the Agreement. 2. Information about particular needs for help, medical assistance or needs due to illness or old age (with the consent of the person concerned) as well as information about the requirement of special protection or security measures shall be given in item C. "Observations" of the application within the meaning of the above paragraph. 3. The competent authority of the requested Contracting Party shall send a reply to the transit application directly to the competent authority of the requesting Party named in Article 1, by fax or any other secure transmission medium, using the common form contained in Annex 2 to this Protocol. 4. Upon approval by the requested Contracting Party of the transit of the person to be transited a notice in writing of the competent authority of the requesting Contracting Party shall be sent directly to the competent authority of the requested Contracting Party by fax or any other secure transmission medium, using the form contained in Annex 4 to this Protocol. The notice to the competent authority of the requested Contracting Party shall be given at the latest 10 (ten) working days before the person's scheduled date of transit.

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 4 von 13 Article 7 Escort of persons during a transit operation 1. During transit under escort, members of the escort must be able to prove their identity as well as their authorisation and the kind of its function any time by presenting the transit approval issued by the requested Contracting Party. 2. The powers of the escort during a transit operation shall be limited to self-defence. However, until the arrival of the staff of the requested Contracting Party the escort can respond reasonably and proportionately to evident, serious danger to prevent the person in transit from escaping, thereby inflicting self-injuries or against third parties or damaging property. 3. In any case, the escort shall observe the legal order of the requested party. 4. The escort shall perform its functions in plainclothes and unarmed. 5. The requested Contracting Party shall give the same assistance and the same protection to the escort during fulfilment of its functions as it gives to its own escorts during the fulfilment of the same functions. IV. Costs Article 8 Costs 1. Recovery of the costs associated with readmission or transit is regulated in Article 15 of the Agreement. 2. The requesting Contracting Party shall reimburse the requested Contracting Party for all costs incurred by the requested Contracting Party in granting the required assistance by the requested Contracting Party during transit. 3. The requesting Contracting Party shall reimburse the requested Contracting Party for all transportation costs and costs of escort in connection with readmission in error pursuant to Article 12 of the Agreement, provided the requested Contracting Party communicates to the requesting Contracting Party in detail why the requirements specified in Articles 2 to 5 of the Agreement have not been met, including all available information about the actual identity, nationality of the person to be readmitted. 4. After being requested in writing the requesting Contracting Party shall pay all costs incurred by the requested Contracting Party by means of bank transfer within 30 (thirty) days as from the date of presenting the invoice. 5. The bank details shall be communicated together with this request.

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 5 von 13 V. Final provisions Article 9 Language The Contracting Parties shall communicate with each other in the German, Montenegrin or English languages. Article 10 Expert meetings The Contracting Parties agree to establish a bilateral expert commission which is composed of representatives of the competent authorities pursuant to Article 1 of this Protocol, which shall hold meetings at the request of one of the Contracting Parties. Article 11 Entry into force 1. The Contracting Parties shall provide written information to each other on the fulfilment of all national requirements for the entry into force of the Protocol. 2. This Protocol shall enter into force upon notification of the Joint Readmission Committee pursuant to Article 19 paragraph 2 of the Agreement. After completion of the procedure pursuant to paragraph 1 the Republic of Austria shall notify the Joint Readmission Committee pursuant to Article 18 of the Agreement that all requirements for the conclusion of the Protocol stipulated by the laws of the Contracting Parties have been met and shall provide such information to Montenegro. 3. This Protocol shall cease to apply at the same time as the Agreement. Done at Podgorica on 23 June 2010 in two originals, each in the German, Montenegrin and English languages. Each of these texts is authentic. In the case of interpretation problems regarding the Protocol the English text shall prevail. For the Austrian Federal Government Maria Fekter m.p. For the Government of Montenegro Ivan Brajović m.p.

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 6 von 13 of the requested state] Annex 1 Reference number: To of the requesting state] [Place, date] Reply to the readmission application concerning - own nationals - third-country nationals or stateless persons [delete where inapplicable] Your readmission application, reference number, of 2 A) In the case of a positive reply 1. With reference to your readmission application concerning (underline surname) born on in we advise you that the application has been granted and that a readmission obligation exists pursuant to - Article Paragraph Subparagraph of the Agreement Readmission of own nationals - Article Paragraph of the Agreement Readmission of third-country nationals or stateless persons. 2. For the stated minor children separate return-home certificates/visa will be issued (if applicable): 3. With regard to the issuance of return-home certificates or visa please turn to: [Seal/stamp]

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 7 von 13 (Signature) B) In the case of a negative reply 1. With reference to your readmission application concerning (underline surname) born on in we advise you that readmission cannot be granted. Reasons: 2. According to the information available to this authority, the person concerned is a national of _. [Seal/stamp] (Signature)

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 8 von 13 of the requested state] Annex 2 Reference number: To of the requesting state] Reply to the transit application concerning third-party nationals or stateless persons [Place, date] Your transit application, reference number, of 2 A) In the case of a positive reply With reference to your transit application concerning (underline surname) born on in we advise you that the application has been granted. Number of escort persons (if applicable): Medical escort is required: YES NO Notes: _ [Seal/stamp] (Signature) B) In the case of a negative reply With reference to your transit application concerning (underline surname) born on in we advise you that the application cannot be granted. Reasons:

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 9 von 13 [Seal/stamp] (Signature)

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 10 von 13 of the requesting state] Annex 3 Reference number: To of the requested state] [Place, date] Information on readmission Your consent to readmission, reference number, of 2 Personal and return details 1. Full name (underline surname) 2. Date of birth 3. Type of return (by air, by land or by sea, as well as flight number) 4. Date 5. Time 6. Place of transfer (border crossing point) 7. State of health or special needs 8. Escorted return YES NO If so, details on escorting persons: Text after exploratory talks 10-11.5.2010 Based on the Austrian draft of June 2009

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 11 von 13 9. Security measures to be arranged at the place of transfer (border crossing point) (if required) [Seal/stamp] (Signature)

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 12 von 13 of the requesting state] Annex 4 Reference number: To of the requested state] [Place, date] Transit information Your consent to transit, reference number, of 2 Personal and transit details 1. Full name (underline surname) 2. Date of birth 3. Type of transit (by air, by land or by sea, as well as flight number) 4. Date 5. Time 6. Place of transit (border crossing point) 7. Details on further transfer to the state of final destination (with transfer by air, specify flight data) 8. Possible obstacles to transit (refusal of admission in further transit states or the state of final destination) YES NO

BGBl. III - Ausgegeben am 3. Mai 2011 - Nr. 60 13 von 13 Text after exploratory talks 10-11.5.2010 Based on the Austrian draft of June 2009 9. State of health or special needs: If necessary, details on the medical escort 10. Escorted transit YES NO If so, details on the escorting persons: 11. Security measures to be arranged during the transit operation (if required) [Seal/stamp] (Signature)