Статья 11«Исполнительный протокол между Правительством Российской Федерации и Правительством Румынии о порядке реализации Соглашения между Российской Федерацией и Европейским сообществом о реадмиссии, подписанного в г. Сочи 25 мая 2006 года» [рус., англ.]

Вступление в силу и прекращение действия

1. Стороны письменно уведомляют друг друга о выполнении ими внутригосударственных процедур, необходимых для вступления в силу настоящего Исполнительного протокола.

2. Настоящий Исполнительный протокол вступает в силу на следующий день после даты уведомления Совместного комитета по реадмиссии в соответствии с пунктом 2 статьи 20 Соглашения о настоящем Исполнительном протоколе и выполнении обеими Сторонами соответствующих внутригосударственных процедур, необходимых для его вступления в силу.

3. Действие настоящего Исполнительного протокола прекращается одновременно с прекращением действия Соглашения.

Совершено в г. Москве 5 декабря 2011 года в двух экземплярах, каждый на русском, румынском и английском языках, причем все тексты имеют одинаковую силу.

Для целей толкования настоящего Исполнительного протокола используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE ROMANIA ON THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND RUSSIAN FEDERATION ON READMISSION DONE AT SOCHI ON 25 MAY 2006

(Moscow, 5.XII.2011)

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

desiring to establish the necessary conditions for the implementation of the Agreement between the Russian Federation and the European Community on readmission done at Sochi on 25th May 2006, hereinafter referred to as the «Agreement», in accordance with 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, Federal Security Service of the Russian Federation;

for the Romanian Party:

central competent authorities:

the Romanian Immigration Office of the Ministry of Administration and Interior, in the matters related to the readmission applications regarding the Russian citizens, the third country nationals and the stateless persons and the transit applications through lands borders, and

the General Inspectorate of the Border Police of the Ministry of Administration and Interior, in the matters related to the readmission applications regarding the Romanian citizens and the transit applications through airports.

2. The Parties shall immediately notify each other through diplomatic channels about any changes concerning the 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. For the implementation of the provisions of this Implementing Protocol the central competent authorities shall notify each other in written form of their contact data within 30 calendar days from the date of signing of this Implementing Protocol.

5. The central competent authorities shall notify each other immediately in written form about 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 post or courier, and additionally when necessary, by the technical means of transmitting information according to national legislation of the Parties.

2. A reply to the readmission application shall be submitted by the central competent authority of the requested Party to the central competent authority of the requesting Party by post or courier, and additionally when necessary, by the technical means of transmitting information within time limits indicated in Article 11 (2) of the Agreement.

3. If one of the central competent authorities of the Romanian Party mentioned in Article 1 (1) of this Implementing Protocol, after preliminary consideration of the readmission application finds out that it is not competent on the merits, it forwards, without delay, this readmission application to other central competent authority of the Romanian Party.

1. If 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 ground for readmission of the third country nationals or stateless persons, then such documents may be attached to the readmission application submitted to the requested Party.

2. 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 requesting Party is unable to present any of documents listed in Annexes 2 and 3 to the Agreement, the requested Party shall interview the person to be readmitted upon the request of the requesting Party 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 at the diplomatic mission or consular post of the State of the requested Party in the State of the requesting Party.

3. In case there is no the representative of the central competent authority referred to in paragraph 2 of this Article the interview shall be carried out by the employees of the diplomatic mission 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. The time limits for the reply to such a readmission application shall begin to run on the date of sending of the information on the interview results by the central competent authority of the requested Party.

5. If the results of the interview fail to prove the nationality of the State of the requested Party of the person to be readmitted, or if such person has not been presented for the interview the readmission application containing the request for an interview is recommitted to the central competent authority of the requesting Party without further consideration.

1. A transit application shall be sent by the central competent authority of the requesting Party to the central competent authority of the requested Party by post or courier, and additionally when necessary, by the technical means of transmitting information according to national legislation of the Parties.

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 post or courier, and additionally when necessary, by the technical means of transmitting information.

3. The central competent authority of the requested Party gives its consent to the transit or motivated refusal of transit operations within 10 calendar days from the date of receipt of the transit application.

1. For the purposes of readmission or transit the Parties identify the following border crossing points:

for the Russian Party: at all international airports within the territory of the Russian Federation, preferably at the International Airport «Sheremetievo» (Moscow);

for the Romanian Party: at all international airports within the territory of Romania, preferably at the International Airport «Henry Coanda» (Bucharest).

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

3. The date, time, border crossing point and necessity of escorting of the person to be readmitted or transited as well as the modalities of the readmission or transit shall be agreed between the central competent authorities of the Parties in each concrete case separately.

4. The Parties aspire to carry out the readmission and transit of the persons mainly by air.

1. If a person in the process of readmission or transit is to be accompanied by escorts, the central competent authority of the requesting Party shall provide to the central competent authority of the requested Party the following information: given names, family names, ranks, positions and subordination of escorts, type, number and date of issue of their passports.

If possible, the information about the escorts shall be specified in paragraph «D» of the readmission application or transit application compiled in accordance with a form set in Annexes 1 and 6 to the Agreement and in all cases shall be submitted to the competent authority of the requested Party in advance.

2. In case there are any changes in the data concerning the escorts 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 such changes.

3. The escorts during their stay in the territory of the State of the requested Party shall obey the legislation of the State of the requested Party.

4. The escorts shall wear civilian clothes and carry valid passport and documents proving complete understanding as to readmission or transit.

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

6. During the stay of the escorts in the territory of the State of the requested Party the competent authorities of the Parties shall co-operate on all issues related to the stay of the escorts in the territory of the State of the requested Party. In this case the competent authorities of the requested Party upon the appropriate request shall provide the escorts with possible assistance.

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 shall be reimbursed by the requesting Party in euro within 30 calendar days after the receiving the necessary documents by the requesting Party.

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 Romanian or English language appended;

the Romanian Party — in the Romanian language with translation into the Russian or English language appended.

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

Amendments

The Parties may, upon mutual consent, make amendments to this Implementing Protocol. These amendments shall enter into force in order specified in Article 11 of this Implementing Protocol.

Article 11

Entry into force and termination

1. The Parties shall notify each other in written form that their legal internal procedures required for entry into force of this Implementing Protocol have been completed.

2. This Implementing Protocol enters into force on the day following the date of the notification of the Joint Readmission Committee in accordance with Article 20 (2) of the Agreement about this Implementing Protocol and that both Parties have completed their respective legal internal procedures necessary therefore.

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

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