Статья 11«Исполнительный протокол к Соглашению между Правительством Российской Федерации и Правительством Королевства Дания о реадмиссии от 27 мая 2008 г. » [рус., англ.]

Вступление в силу и прекращение действия

1. Настоящий Исполнительный протокол вступает в силу через 30 календарных дней с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами их внутригосударственных процедур, необходимых для его вступления в силу.

2. Действие настоящего Исполнительного протокола прекращается с даты прекращения действия Соглашения.

Совершено в г. Копенгагене 26 апреля 2011 года в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

В случае возникновения разногласий для целей толкования настоящего Исполнительного протокола будет использоваться текст на английском языке.

TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE KINGDOM OF DENMARK ON READMISSION OF 27 MAY 2008

The Government of the Russian Federation and the Government of the Kingdom of Denmark, hereinafter referred to as the «Parties»,

desiring to establish the necessary conditions for the implementation of the provisions of the Agreement between the Government of the Russian Federation and the Government of the Kingdom of Denmark on readmission of 27 May 2008, hereinafter referred to as the «Agreement», as foreseen in Article 20 of the Agreement,

have agreed as follows:

1. The competent authorities responsible for the implementation of the provisions of the Agreement are:

for the Russian Party:

central competent authority: Federal Migration Service;

competent authorities: Ministry of Foreign Affairs of the Russian Federation and the Federal Security Service of the Russian Federation,

for the Danish Party:

central competent authority: Danish National Police;

competent authority: The Ministry of Refugees, Immigration and Integration Affairs of the Kingdom of Denmark.

2. The Parties shall immediately notify each other through diplomatic channels of any changes of competent authorities referred to in paragraph 1 of this Article.

3. For the implementation of the provisions of the Agreement and of this Implementing Protocol the central competent authorities shall directly co-operate with each other.

4. The central competent authorities shall notify each other in written form of their contact data within 30 calendar days from the date of the entry into force of this Implementing Protocol.

5. The central competent authorities shall notify each other immediately in written form of any changes in their contact data.

1. A readmission application, compiled pursuant to Article 7 of the Agreement, shall be submitted by the central competent authority of the requesting Party to the central competent authority of the requested Party by mail.

2. A reply to the readmission application shall be sent by the central competent authority of the requested Party to the central competent authority of the requesting Party by mail in time limits according with Article 11 (2) of the Agreement.

1. If the central competent authorities of the requesting Party considers that other documents not listed in Annexes 2 to 5 to the Agreement may be essential for establishing the nationality of the person to be readmitted or for establishing proof of grounds for readmission of the third country nationals and stateless persons, then such documents may be attached to the readmission application submitted to the central competent authorities of the requested Party.

2. The central competent authorities of the requested Party has the right to decide whether the documents referred to in paragraph 1 of this Article may be taken into consideration in processing the readmission application.

1. In case the competent authority of the requesting Party is unable to present any of the documents listed in Annexes 2 and 3 to the Agreement, the representatives of the competent authority of the requested Party shall interview the person to be readmitted upon the request indicated in paragraph «D» of the readmission application.

2. The primary duty for interview implementation is laid on the representative of the central competent authority of the requested Party at the diplomatic representation or consular post of the State of the requested Party in the State of the requesting Party.

3. In case there are no representative of the central competent authority of the requested Party referred to in paragraph 2 of this Article the interview shall be carried out by the employees of the diplomatic representation or consular post of the State of the requested Party in the State of the requesting Party.

4. The central competent authority of the requested Party shall inform the central competent authority of the requesting Party of the results of the interview within the shortest possible time period, but not later than within 10 calendar days from the date of the receipt of the readmission application containing the request for an interview. In this case the time limits for the reply to such a readmission application shall begin to run on the date of sending information of the interview results by the central competent authority of the requested Party.

5. If by the results of the interview the nationality of the State of the requested Party of the person to be readmitted was not proved, the readmission application, specified in paragraph 4 of this Article, is recommitted to the central competent authority of the requesting Party without considering.

Submission of the transit application and reply thereto

1. A transit application shall be submitted by the central competent authority of the requesting Party to the central competent authority of the requested Party by mail not later than 15 working days before the planned transit.

2. A reply to the transit application shall be sent by the central competent authority of the requested Party to the central competent authority of the requesting Party by mail within 10 working days after the receipt of the transit application.

Readmission and Transit Procedure

1. For the readmission and transit the Parties identify the following border crossing points:

for the Russian Party: at all international airports within the territory of the Russian Federation;

for the Danish Party: at the airport of the Copenhagen Kastrup.

2. The Parties shall immediately inform each other through diplomatic channels of any change in the border crossing points provided in paragraph 1 of this Article.

3. The date, time, border crossing point and mode of transfer of the person to be readmitted and also the modalities of the transit shall be agreed between the competent authorities of the Parties in each concrete case separately.

1. In case escort is needed to transfer the persons the central competent authority of the requesting Party shall indicate in paragraph «D» of the readmission application or in paragraph «D» of the transit application compiled in accordance with a form set in Annexes 1 and 6 to the Agreement, the first names and surnames of the escort, their ranks, official titles, seniority, type, numbers and date of issue of passports and professional certificates as well as the content of their assignments.

2. In case there are any changes in the data concerning the escort referred to in paragraph 1 of this Article the central competent authority of the requesting Party shall immediately notify the central competent authority of the requested Party of these changes.

3. The escort during its stay in the territory of the State of the requested Party, shall be obliged to obey the legislation of the State of the Requested Party.

4. The escort shall be in civilian clothes and carry valid passports, as well as documents to be proof of the agreement as to readmission or transit.

5. The escort shall perform its duties unarmed and without any other items which are not allowed or allowed with some legal restrictions in the territory of the State of the requested Party.

6. The competent authorities of the Parties shall co-operate with each other on all the issues related to the stay of the escort in the territory of the State of the requested Party. The competent authorities of the requested Party shall provide the escorts with possible assistance if necessary.

The readmission or transit costs incurred by the requested Party shall be borne by the requesting Party in accordance with Article 16 of the Agreement and reimbursed in euro within 30 calendar days upon the submission of the documents proving the costs.

1. For the implementation of the provisions of this Implementing Protocol the documents provided for in Article 3 of this Implementing Protocol as well as in sections III and IV of the Agreement shall be drawn up by:

the Russian Party — in the Russian language with translation into the English language appended;

the Danish Party — in the Danish language with translation into the Russian language appended.

2. Consultations between the competent authorities of the Parties concerning the implementation of this Implementing Protocol shall be held in the English language, unless the competent authorities of the Parties agree otherwise.

The Parties may, upon mutual consent, make amendments to this Implementing Protocol.

1. This Implementing Protocol enters into force in 30 calendar days from the date of receipt through diplomatic channels of the last written notification on completion by the Parties of their respective internal procedures, necessary for its entry into force.

2. This Implementing Protocol shall be terminated at the same time as the Agreement.

Done in Copenhagen on the 26th of April in 2011 in duplicate each in the Russian and English languages, both texts being equally authentic.

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