Статья 11«Исполнительный протокол между Правительством Российской Федерации и Правительством Королевства Бельгия о порядке реализации Соглашения между Российской Федерацией и Европейским сообществом о реадмиссии от 25 мая 2006 г.» [рус., англ.]

Вступление в силу и прекращение действия

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

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

Совершено в г. Москве 17 декабря 2009 года в двух экземплярах, каждый на русском, французском 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 KINGDOM OF BELGIUM ON THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN COMMUNITY ON READMISSION DATED 25 MAY 2006

(Moscow, 17.XII.2009)

The Government of the Russian Federation and the Government of the Kingdom of Belgium, hereinafter referred to as the Parties,

wishing to make the provisions as foreseen in Article 20 of the Agreement between the Russian Federation and the European Community on Readmission dated 25 may 2006, hereinafter referred to as the Agreement,

have agreed as follows:

1. The competent authorities responsible for the implementation 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 Belgium Party:

central competent authority: Immigration office of the Kingdom of Belgium;

competent authorities: Federal Public Service of the Interior of the Kingdom of Belgium, Federal Public Service of Foreign Affairs of the Kingdom of Belgium.

The Parties shall immediately inform each other through diplomatic channels of any change in the list of the Competent Authorities.

2. The central competent authorities shall inform each other directly in written form on their contact data as well as on the competent authorities' contact data in the framework of this Implementing protocol.

1. The readmission application, settled in accordance with 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.

2. The reply to the readmission application shall be submitted to the central competent authority of the Requesting Party by the central competent authority of the Requested Party by post or courier and also, as a rule, by technical means of transmitting text in time limits according with Article 11 (2) of the Agreement.

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 the reasons for readmission of the third country nationals or stateless persons, such documents may be attached to the readmission application to be submitted to the Requested Party.

1. If the Requesting Party is unable to present any of the documents listed in Annexes 2 and 3 to the Agreement, 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 representatives of the central competent authority at the diplomatic representation or consular post of the State of the Requested Party at the State of the Requesting Party.

3. Before the representatives of the central competent authority take up their functions or in their absence, the officials of diplomatic representation or consular post of the State of the Requested Party at the State of the Requesting Party shall be in charge of the interview.

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 which includes interview request.

5. The time limits set out in Article 11 (2) of the Agreement for the reply to the readmission application begin to run on the date when the Requesting Party is notified of the results of the interview but not later than 10 calendar days from the date of the receiving the readmission application.

6. 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 is recommitted to the central competent authority of the Requesting Party without further consideration simultaneously with the notification about the outcome of the interview.

1. The transit application settled in accordance with the Article 15 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.

2. The reply to the transit application shall be submitted to the central competent authority of the Requesting Party by the central competent authority of the Requested Party by post and also, as a rule, by technical means of text transmitting, within the shortest possible time period but not later than 5 working days from the date of receiving the transit application.

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

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

for the Belgium Party: all international airports within the territory of the Kingdom of Belgium.

The Parties shall immediately inform each other through diplomatic channels of any change in the list of the border crossing points.

2. The central competent authority of the Requesting Party not later than 5 working days before the supposed transfer of the person to be readmitted informs the central competent authority of the Requested Party on date, time, border crossing point and others modalities of the transfer.

The central competent authority of Requested Party within the shortest possible time period but not later man 4 working days from the date of receiving the information on the transfer of the person to be readmitted, notifies the central competent authority of the Requesting Party on an acceptability of the transfer modalities.

In case if the transfer modalities proposed by the central competent authority of the Requesting Party are not acceptable for the central competent authority of the Requested Party, other modalities for the transfer shall be arranged as soon as possible.

3. The modalities for the organization of the transit are subject to arrangement between the competent authorities of the Parties in each particular case.

1. The Requesting Party if the escorting is needed to transfer the persons shall indicate in paragraph «D» of the readmission application and also in paragraph «D» of the transit application settled in accordance with Annexes 1 and 6 to the Agreement given names, family name, rank and position of escorts, type, number and date of issue of passport and service identification card, contents of their mission order.

The central competent authority of the Requesting Party shall immediately inform the central competent authority of the Requested Party of any change in the list of the escorts.

2. The escorts shall be obliged to obey the legislation of the State of the Requested Parry.

3. The escorts may not bear weapons and other objects restricted in the territory of the State of the Requested Party.

4. The escorts shall be in civilian clothes and will carry valid passports and service identification cards, as well as individual or group mission order issued by the competent authority of the Requesting Party.

5. The competent authorities shall cooperate with one another on all the issues related to the stay of escorts 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.

Costs incurred by the Requested Party in connection with readmission and transit which are to be borne by the Requesting Party in accordance with Article 16 of the Agreement shall be reimbursed in euro by this Party within 60 working days upon submission of the evidence of costs.

1. With a view to carrying out the provisions of this Implementing Protocol, the documents listed in Article 3 of this Implementing Protocol, and 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;

by the Belgium Party: in the French, English, German or Dutch language with translation into the Russian language appended.

2. Consultations between the competent authorities concerning the implementation of this Implementing protocol shall be held in the English language.

This Implementing Protocol may be subject to amendment and addition by the mutual consent between the Parties.

1. This Implementing Protocol shall enter into force beginning from the notification of the Joint Readmission Committee, in accordance with paragraph 2 of Article 20 of the Agreement about this Implementing protocol and that both Parties have completed their respective internal procedures necessary therefore.

2. This Implementing Protocol shall cease to be in force at the same time as the Agreement.

Done in Moscow on the 17th of the December 2009 in duplicate each in the Russian, French and English languages, all the texts being equally authentic.

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