Saltar para o conteúdo principal

Artigo 15.º — Disposições finais

Vigente desde: 16/02/2001
  1. 1 -Este Acordo entra em vigor 90 dias após a data da notificação, por escrito, através da qual as Partes Contratantes informam a outra da perfeição das necessárias formalidades constitucionais para o presente Acordo entrar em vigor.
  2. 2 -Cada Parte Contratante pode suspender temporariamente este Acordo por motivos de segurança de Estado, ordem pública ou saúde pública, através de notificação, por escrito, à outra Parte Contratante.
  3. 3 -Cada Parte Contratante pode denunciar este Acordo através de notificação, por escrito, à outra Parte Contratante. A denúncia tem efeito a partir do 1.º dia do mês seguinte ao qual a outra Parte Contratante tenha recebido a notificação.

    Feito em Lisboa, aos 11 de Fevereiro de 1999, em dois textos originais, em português, lituano e inglês, todos fazendo igualmente fé. Em caso de interpretações divergentes, a versão inglesa prevalecerá.

    Pelo Governo da República Portuguesa:

    Jaime José Matos da Gama.

    Pelo Governo da República da Lituânia:

    Algirdas Saudargas.

    (ver texto em lituano no documento original)

    AGREEMENT BETWEEN THE GOVERNMENT OF THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA ON THE READMISSION OF PERSONS ENTERING A COUNTRY AND STAYING THERE WITHOUT AUTHORIZATION.

    The Government of the Portuguese Republic and the Government of the Republic of Lithuania hereinafter referred to as the Contracting Parties:

    Desirous, in a spirit of co-operation and on the basis of reciprocity, of facilitating the readmission of persons entering the territory of a Contracting Party and staying there illegally;

    Taking into account the Universal Declaration of Human Rights adopted on 10 December 1948 by the General Assembly of the United Nations, the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and the Convention of 28 July 1951 on the Status of Refugees, as amended by the Protocol of 31 January 1967 on the Status of Refugees;

    have agreed as follows:

    Article 1

    Definitions

    In this Agreement the following definitions have the following meaning:

    1) An alien - a person who is neither lithuanian nor portuguese citizen;

    2) A visa - a valid permission issued by a competent authority of the Contracting Party entitling the alien to enter the country and to stay there temporarily;

    3) A residence permit - a valid permission, regardless of its nature, issued by a competent authority of the Contracting Party entitling the person to enter the country repeatedly and to reside in the country. The residence permit does not mean a visa nor a possibility to stay in the territory of the Contracting Party during the treating of an application for asylum or for the residence permit or during expulsion procedure.

    Article 2

    Readmission of own citizens

  4. 1 -Each Contracting Party shall readmit without any formality citizens of its state. The same shall apply to persons who have been deprived of the nationality of the Contracting Party since entering the territory of the other Contracting Party without acquiring the nationality of any state.
  5. 2 -If it turns out that the readmitted person is an alien and the provisions of articles 3 and 4 of this Agreement cannot be applied to him, the requesting Contracting Party shall readmit this person again without delay.

    Article 3

    Readmission of an alien on the basis of an advance notification

  6. 1 -The Contracting Party shall readmit without any formality an alien who has entered the territory of the other Contracting Party from the territory of its state, on the basis of an advance notification by the competent authority of the other Contracting Party, if no more than twenty four hours have passed since the entry.
  7. 2 -It is considered that the alien has entered the territory of the other Contracting Party if this can be proved or if it may be validly considered to be sufficiently probable.

    Article 4

    Readmission of an alien of the basis of a request

  8. 1 -Each Contracting Party shall readmit, at the request of the other Contracting Party, an alien who has entered and stayed on its territory and whom does not fulfills the provisions of the legislation regarding entering and staying of aliens of the requesting Party. However, this shall not apply if the alien has been granted a residence permit or a visa by the requesting Contracting Party after his entry into the country in question.
  9. 2 -The Contracting Party shall, at the request of the other Contracting Party, readmit an alien who stays illegally on the territory of the requesting Contracting Party and who is in possession of a valid residence permit issued by the requested Contracting Party.
  10. 3 -The Contracting Party shall, at the request of the other Contracting Party, readmit a stateless person who has entered the territory of the requesting Contracting Party by means of a travel document issued by the requested Contracting Party, entitling the return to the territory of the Contracting Party which issued that document, or who has immediatly before his entry into the territory of the requesting Contracting Party, stayed in the territory of the requested Contracting Party and arrived from the territory of that Contracting Party after the entry into force of this Agreement.

    Article 5

    The requesting Contracting Party shall readmit on its territory the alien, who after being readmitted by the requested Contracting Party, had not fulfilled the conditions to which the previous articles refer to at the moment of leaving the requesting Contracting Party.

    Article 6

    Time limits

  11. 1 -The Contracting Party shall reply to the written readmission requests addressed to it without delay and, in any event, at the latest within eight days from the presentation of the request. It is possible to make the readmission request by mail, by handing the request directly to the competent authority of the other Contracting Party or through other means of communication.
  12. 2 -The delay mentioned in paragraph 1 of this article shall apply for the exchange of complementary information.
  13. 3 -The requested Contracting Party shall take charge of persons immediately after the request has been approved and, in any event, at the latest within three months from the approval. Upon notification by the requesting Contracting Party this time limit shall be extended by the time necessary for clearing of legal or practical procedures.

    Article 7

    The Contracting Party who has refused a readmission request shall inform the other Contracting Party of its grounds.

    Article 8

    Expiry of the readmission obligation

    The readmission request shall be submitted to the competent authority of the other Contracting Party at the latest within six months from the noting of the illegal entry or presence of the said person by the competent authorities of the Contracting Party. Upon notification by the requesting Contracting Party made within the said period of six months this time limit shall be extended by the time necessary for the clearing of legal and practical obstacles.

    Article 9

    Transit in case of removal

  14. 1 -The Contracting Party shall allow aliens subject to removal to transit by plane.
  15. 2 -When needed the requesting Contracting Party shall provide an escort and cannot leave the airport international area.
  16. 3 -The requesting Contracting Party shall provide the alien with a travel document, when needed, and with a travel ticket.
  17. 4 -The requested Contracting Party shall issue, when needed, a transit visa to the escorted person and to the escorts in accordance with its national legislation.
  18. 5 -Transit request shall be addressed directly to the competent authorities of that Parties and will include information concerning the aliens identity, nationality, date and time of arrival on the territory of requested Contracting Party, date and time of departure to the final destination, type of travel document, flight information and identification of the escort.
  19. 6 -Notwithstanding any authorisation issued, the Contracting Party shall readmit an alien if his entry into a third country is not admitted or if the onward journey is otherwise impossible.

    Article 10

    Refusal of transit

  20. 1 -Transit in case of removal can be refused for reasons of public order, national security and international relations of a Contracting Party.
  21. 2 -The refusal also applies when the alien subject to removal, can be in danger on the final destination or in a country of subsequent transit, for reasons due to its race, religion or political beliefs.

    Article 11

    Costs

  22. 1 -The transport costs pursuant to articles 2, 3 and 4 shall be borne by the Contracting Party as far as to the border of the other Contracting Party, subject to the provision in the national legislation.
  23. 2 -The costs of the transit in accordance with article 9 as far as to the border of the state of destination and, where necessary, the costs arising from return transport shall be borne by the requesting Contracting Party.

    Article 12

    Providing information

    Insofar as information on individual cases has to be provided to the other Contracting Party in order to implement this Agreement, such information may concern only the following:

    1. a)The particulars of the person and, where necessary, of the members of the person's family (surname, given name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous nationality/citizenship);
    2. b)Passport, identity card or other travel documents (number, date of issue, issuing authority, place of issue, period of validity, territory of validity);
    3. c)Other details needed to identify the persons;
    4. d)Residence permits and visas issued by the Contracting Parties or by third states, itinerary, stopping places, travel tickets and other possible travel arrangements.

      Article 13

  24. 1 -Upon acceptance of this Agreement the Contracting Parties shall inform each other through diplomatic channels of the competent authorities responsible for the implementation of this Agreement and of their addresses and other information facilitating communication. The Contracting Parties shall also inform each other of changes with respect to these authorities.
  25. 2 -The competent authorities shall meet as the need arises and they shall decide on practical arrangements required for the implementation of this Agreement.
  26. 3 -The competent authorities shall decide on other arrangements required for the implementation of this Agreement, regarding, for example:

    The particulars, supporting documents and evidence required for the transfer and the measures to carry out the transit;

    The determination of the border-crossing points and the arrival times in order to carry out the readmission;

    The conditions for the transport in transit of third country nationals under escort of the competent authority; and

    Evidence or grounds on the basis of which it is possible to show or validly assume that the alien has arrived from the territory of the Contracting Party to the territory of the other Contracting Party.

    Article 14

    Relation to other international agreements

    Nothing in this agreement shall affect in any way the rights and obligations of either Contracting Parties arising from other international agreements.

    Article 15

    Final provisions

  27. 1 -This Agreement shall enter into force 90 days after the date on which the Contracting Parties have notified each other in writing that the necessary internal procedures for its entry into force have been completed.
  28. 2 -Each Contracting Party may temporarily suspend this Agreement on the grounds of the protection of State security, public order or public health, by notifying the other Contracting Party in writing.
  29. 3 -Each Contracting Party may denounce this Agreement by notifying the other Contracting Party in writing. The denunciation shall become effective on the first day of the month following the month in which the notification thereof was received by the other Contracting Party.

    Done in Lisbon on 11 February 1999 in two originals, both in portuguese, lithuanian and english languages, all three texts being equally authentic. In case of discrepancies between the texts, the english version shall prevail.

    On behalf of the Government of the Portuguese Republic:

    Jaime José Matos da Gama.

    On behalf of the Govermment of the Republic of Lithuania:

    Algirdas Saudargas.

Comparar versões deste artigo