16. pants

Stāšanās spēkā, denonsēšana un grozījumi

1. Šis Īstenošanas protokols ir noslēgts uz nenoteiktu laika

periodu un stājās spēkā pirmajā dienā pēc paziņojuma saņemšanas

Apvienotajā atpakaļuzņemšanas komitejā saskaņā ar Readmisijas

nolīguma 19.panta otro punktu.

2. Abas Puses var mainīt un grozīt šo Īstenošanas protokolu

savstarpēji vienojoties. Izmaiņas un grozījumi stājas spēkā

saskaņā ar šī panta pirmo punktu.

3. Īstenošanas protokols var tikt denonsēts pēc vienas Puses

iniciatīvas vai savstarpējās rakstiskās vienošanās pa

diplomātiskajiem kanāliem. Šādā gadījumā denonsēšana stājas spēkā

pēc sešiem mēnešiem no datuma, kad ir saņemts rakstiskais

paziņojums. Puses informē Apvienoto atpakaļuzņemšanas komiteju

par šādu paziņojumu.

4. Šis Īstenošanas protokols zaudē spēku vienlaikus ar

Readmisijas nolīgumu.

Parakstīts 2010.gada 1.oktobrī divos eksemplāros latviešu,

moldāvu un angļu valodā, visiem tekstiem esot vienlīdz

autentiskiem. Šī Īstenošanas protokola interpretācijas strīdu

gadījumā teksts angļu valodā ir noteicošais.

Latvijas Republikas valdības

vārdā

Aivis

Ronis

Moldovas Republikas valdības

vārdā

Jurijs

Ļanke

PROTOCOL

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE

GOVERNMENT OF THE REPUBLIC OF MOLDOVA ON THE IMPLEMENTATION OF

THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF

MOLDOVA ON THE READMISSION OF PERSONS RESIDING WITHOUT

AUTHORISATION (Implementing Protocol)

The Government of the Republic of Latvia, hereinafter referred

to as the "Republic of Latvia" and the Government of

the Republic of Moldova, hereinafter referred to as the

"Republic of Moldova", hereinafter jointly referred to

as "the Parties",

desiring to facilitate the implementation of the Agreement

between the European Community and the Republic of Moldova on the

readmission of persons residing without authorization, signed on

10 October 2007 in Brussels, hereinafter referred to as

Readmission Agreement,

Based on the provision of Article 19 thereof,

have agreed as follows:

Article 1

Designation of Competent Authorities

Pursuant to Article 1 lit. l) and Article 19(1) lit. a) of the

Readmission Agreement, the Parties have designated the following

competent authorities for:

a) Reception, submission and processing of readmission

applications and transit applications:

- For the Republic of Latvia:

Board of Service Organization of the Central Board of the

State Border Guard

Address: Rudolfa str. 5

Riga, LV-1012

Tel: +371 67075686 or

+371 67075641

Fax: +371 67075671

e-mail: imigracija@rs.gov.lv

- For the Republic of Moldova:

Ministry of Internal Affairs

Bureau for Migration and Asylum

Stefan cel Mare 124 str.

Tel/ Fax. +373 22 272203

e-mail: migrare@migrare.gov.md

b) Processing of interview:

- For the Republic of Latvia:

Honorary Consul of the Republic of Latvia

Address: 40/1 Eminescu str., Chisinau, MD 2012

Republic of Moldova

Tel: (373) 22 21 32 75

Fax: (373) 22 21 31 48

e-mail: consul_vd@rambler.ru

- For the Republic of Moldova:

The Embassy of the Republic of Moldova

Address: Zigfrida Annas Meierovica boulevard 14, Riga LV

1050

Republic of Latvia

Tel. (371) 673 591 60

(371) 673 591 63 (Consular division)

Fax: (371) 673 591 65

e-mail: riga@moldovaembassy.lv

Article 2

Border Crossing Points

1. Pursuant to Article 19 (1) of the Readmission Agreement,

readmission and transit may take place in the following border

crossing points:

- For the Republic of Latvia:

Riga International Airport

Airport "Riga" 10/1

District of Marupe

LV 1053, Latvia

Tel.: (+371) 67207208

Fax: (+371) 67207308

- For the Republic of Moldova:

International Airport Chisinau

80/3 Dacia blvd.

Tel./fax :(+ 373 22) 525 111

2. If required the competent authorities of the Parties may

also agree on readmission or transit by land.

Article 3

Further Means of Evidence Regarding Nationality

In accordance with Article 8 (1) and Article 19 (1) lit. d) of

the Readmission Agreement, the competent authorities of the

Parties may communicate to each other the biometrical data of the

person to be readmitted and other data or documents not listed in

Annexes 1 to 4 to the Readmission Agreement, as further means of

evidence regarding nationality.

Article 4

Submission and Reply to Readmission Applications and Transit

Applications

1. The competent authorities of the Parties shall use fax or

official electronic mail for the submission and receipt of the

readmission application and transit application, reply to

readmission application and transit application.

2. The transmission report or electronic receipt, if official

electronic mail is used, shall serve as proof of submission or

receipt of the readmission application and transit application,

reply to readmission application and transit application.

3. Transit application shall be transmitted at least 10 (ten)

working days prior to the planned transit.

Article 5

Interview

1. The competent authority of the Party considering that the

person subject to readmission is pertaining to the state of the

other Party, shall submit a request to interview this person in

order to identify nationality using fax or official electronic

mail to the diplomatic and consular representation of this other

Party.

2. The competent official of the diplomatic or consular

representation (hereinafter - interviewer) interviews the person

to be readmitted in presence of the representatives of the

competent authority of the Requesting Party.

3. The interviewer shall inform the competent authority of the

Requesting Party on the results of the interview within the

maximum of 3 (three) working days from the date when the

interview was carried out.

4. If the reply is positive and interviewed person pertains to

the state of the other Party, the competent authority of the

Requesting Party submits readmission application to the competent

authority of the Requested Party and attaches the reply on the

results of the interview of the competent authority of the

Requested Party.

Article 6

Readmission Under the Accelerated Procedure

The competent authorities of the Parties mutually agree to

perform readmission under the accelerated procedure subject to

the requirements of the Article 6 (3) and Article 10 (2) of the

Readmission Agreement. The Parties shall carry out the transfer

under the accelerated procedure within the shortest possible

time.

Article 7

Conditions for Escorted Transfers

Pursuant to Article 19(1) lit. c) of the Readmission

Agreement, the Parties agree to the following conditions relating

to escorted transfers or transit on their territories:

a) The escort shall be responsible for escorting the persons

to be readmitted and transferring these persons to a responsible

of the competent authority of the state of destination.

b) The members of escort shall perform duties unarmed and in

civilian clothing, should have any documents proving that

readmission or transit has been approved, and shall be able at

all times to prove his or her identity and official

authorization.

c) The Requested Party shall ensure similar protection and

assistance to the escort during the performance of the duties of

the members of escort as it ensures to its own officials

authorized to perform such duties.

d) The escort shall in all cases be subject to the legislation

of the Requested Party. The powers of the escort during escorting

a person to be readmitted or during transit shall be limited to

self-defense. In the case of unavailability of officials of the

Requested Party authorized to carry out the necessary activities

or in order to support such officials in situations of immediate

and serious risk, the escort may take reasonable and commensurate

measures to prevent the person to be readmitted from escaping,

injuring himself or herself or any third persons, or causing

damage to property.

e) The escort shall be responsible for carrying the travel

document and other required certificates or personal data of the

person to be readmitted, and for handing over such items to the

representative of the competent authority of the state of

destination. The escort may not leave the agreed location of

transfer before the transfer of the person to be readmitted is

completed.

f) The competent authorities of the Requesting Party shall

ensure that the escort possesses the entry visas to the State(s)

of transit and destination if required.

Article 8

Assistance for Transit

If the Requesting Party considers necessary to request

assistance from the competent authority of the Requested Party

for a particular transit operation, this should be indicated on

the transit application form (Annex 6 to the Readmission

Agreement). In its reply to the transit application, the

competent authority of the Requested Party should notify whether

it is able or not to provide the requested assistance.

Article 9

Readmission in Error

The competent authorities of the Parties agree that the

Requesting Party shall take back any person upon the duly

motivated request by the Requested Party if it is established

subsequently that the readmission requirements were not met. In

cases of readmission in error all documents concerning the person

shall be returned in the original to the competent authorities of

the Requesting Party.

Article 10

Costs

1. Transportation and additional costs relating to readmission

and transit shall be borne in euro by the Requesting Party

pursuant to Article 15 of the Readmission Agreement within 30

(thirty) days upon submission of the evidence of costs.

2. The Parties shall inform each other within 30 (thirty) days

after entering into force of this Implementing Protocol about the

bank details for the transfer operations under this Article.

Article 11

Meetings of Experts

The competent authorities of both Parties shall arrange

meetings of experts as necessary, particularly regarding the

implementation of the Readmission Agreement and the Implementing

Protocol. The time and location of such meetings shall be decided

upon by mutual agreement.

Article 12

Language in Communication

The Parties shall use the English or Russian language in the

procedures carried out under the Readmission Agreement and the

Implementing Protocol.

Article 13

Duty of Notification

The Parties shall notify each other through diplomatic

channels without delay of any changes in the contact details of

the competent authorities referred to in Article 1, the border

crossing points referred to in Article 2 and bank details

referred to in Article 10 of the Implementing Protocol.

Article 14

Relations to Other Treaties

This Implementing Protocol shall not affect any obligations of

the Parties resulting from other international treaties.

Article 15

Settlement of Disputes

Disputes resulting from the interpretation or application of

this Implementing Protocol shall be settled by expert meetings

pursuant to Article 11 of the Implementing Protocol.

Article 16

Entry info Force, Denouncement and Amendments

1. This Implementing Protocol is concluded for an indefinite

period of time and shall enter into force on the first day after

receipt of the notification to the Joint Readmission Committee

pursuant to Article 19 (2) of the Readmission Agreement.

2. Both Parties may modify and amend this Implementing

Protocol by mutual agreement. Modification and amendments shall

enter into force in accordance with paragraph 1 of this

Article.

3. Implementing Protocol may be denounced by initiative of one

of the Parties or by mutual consent in writing through diplomatic

channels. In such case the denounce shall enter into force after

six month from the date of receipt of the written notification.

The Parties shall inform the Joint Readmission Committee on such

denouncement.

4. This Implementing Protocol shall cease to apply at the same

time as the Readmission Agreement.

Done on 1 October 2010 in duplicate in Latvian, Moldavian and

English languages, all of these texts being equally authentic. In

case of disputes in interpretation, the English text shall

prevail.

For the Government of the Republic of Latvia

Aivis Ronis

For the Government of the Republic of Moldova

Iurie Leanca