Статья 11«Исполнительный протокол между Правительством Российской Федерации и Правительством Республики Кипр 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. 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 после уведомления Совместного комитета по реадмиссии в соответствии с пунктом 2 статьи 20 Соглашения о настоящем Исполнительном протоколе и выполнении обеими Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

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

Совершено в г. Никосии 7 октября 2010 года в двух экземплярах, каждый на русском, греческом и английском языках, причем все тексты имеют одинаковую силу.

Для целей толкования настоящего Исполнительного протокола будет использоваться текст на английском языке.

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CYPRUS AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION OF 25TH MAY, 2006

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

desiring to establish the necessary conditions for the implementation of the Agreement between the European Community and the Russian Federation on readmission of 25th May 2006, 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 Agreement are:

for the Cyprus Party:

central competent authority: Civil Registry and Migration Department, Ministry of Interior of the Republic of Cyprus;

competent authorities: Aliens and Immigration Unit, Cyprus Police and Ministry of Foreign Affairs of the Republic of Cyprus;

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.

2. 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.

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

4. For the implementation of this Implementing Protocol the central competent authorities shall notify each other directly in written form of their contact data within 30 calendar days from the date of 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.

Submission of the readmission application and reply thereto

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.

2. A reply to the readmission application shall be sent to the central competent authority of the Requesting Party by the central competent authority of the Requested Party by post or courier within the time limits foreseen in Article 11 (2) of the Agreement.

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

2. The documents mentioned in paragraph 1 of this Article are the following:

• photocopies of the documents listed in Annex 2 to the Agreement;
• documents listed in Annex 4 to the Agreement in forged or falsified passports.

3. The Requested Party has the right to decide whether the documents mentioned in paragraph 2 of this Article may be taken into consideration in processing the readmission application.

Interview

1. In case 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 of the Requesting Party, 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 mission or consular post of the State of the Requested Party in the State of the Requesting Party.

3. In case there are no representatives of the central competent authority mentioned 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 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 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 is not proved, the readmission application, referred to in paragraph 1 of this Article, is recommitted to the central competent authority of the Requesting Party simultaneously with the outcome of the interview, with possible remarks of the central competent authority of the Requested Party.

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 post or courier 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 post or courier within 10 working days after the receipt of the transit application.

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

for the Cyprus Party: at Larnaca International Airport and at Paphos International Airport;

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

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

3. The date, time, border crossing point and mode of the 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 person, the central competent authority of the Requesting Party shall indicate in paragraph «D» of the readmission application and also in paragraph «D» of the transit application compiled in accordance with Annexes 1 and 6 to the Agreement, the first names and surnames, ranks, official titles of the escorts, type, numbers and date of issue of passports and service identification cards as well as their travel authorization.

2. In case there are any changes in the data concerning the escorts mentioned 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 in written form by using technical means of text transmission.

3. The escorts during their stay in the territory of the State of the Requested Party shall be obliged to obey the legislation of that State.

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

5. The escorts shall perform their duties unarmed and without any other items which either are not allowed or are 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 escorts in the territory of the State of the Requested Party. In this case the competent authorities of the Requested Party shall provide the escorts with possible assistance if necessary.

The readmission and 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 60 working days upon the submission of the documents proving the costs.

1. For the implementation 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 Cyprus Party — in the Greek language with translation into the Russian language appended;

the Russian Party — in the Russian language with translation into the Greek 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.

This Implementing Protocol may be subject to amendment and addition upon the mutual consent between the Parties. The Parties shall notify without any delay the Joint Readmission Committee set up in accordance with Article 19 (1) of the Agreement about such amendments and additions.

Entry into force and termination

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

2. This Implementing Protocol enters into force after the notification to 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 internal procedures necessary therefore.

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

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