Art.º 15 · Decreto n.º 11/2015 — Entrada em vigor

Este Protocolo entra em vigor após notificação ao Comité Misto de Readmissão, em conformidade com o n.º 2 do artigo 19.º do Acordo, 30 dias após a data da receção da última notificação, por escrito e por via diplomática, na qual as Partes informam cada uma da conclusão dos respetivos procedimentos internos necessários para o efeito.

Feito em Lisboa, a 29 de setembro de 2014 em dois originais nas línguas Portuguesa, Albanesa e Inglesa, sendo todos os textos igualmente autênticos.

Em caso de divergência de interpretação do presente Protocolo de Aplicação, deverá ser utilizado o texto em língua Inglesa.

Pela República Portuguesa:

Ana Martinho, Secretária-Geral do Ministério dos Negócios Estrangeiros.

Pelo Conselho de Ministros da República da Albânia:

Edmond Trako, Embaixador da República Albânia na República Portuguesa.

(ver documento original)

PROTOCOL BETWEEN THE PORTUGUESE REPUBLIC AND THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ALBANIA IMPLEMENTING THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF ALBANIA ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION, SIGNED IN LUXEMBURG, ON 14 APRIL 2005.

The Portuguese Republic and the Council of Ministers of the Republic of Albania, hereinafter referred to as "Parties",

Desiring to facilitate the implementation, as foreseen in its Article 19, of the Agreement between the European Community and the Republic of Albania on the readmission of the persons residing without authorisation, signed in Luxemburg, on the 14th of April 2005, hereinafter referred to as "the Agreement";

Have agreed as follows:

Article 1

Competent authorities

1.In accordance with the terms of Article 19, paragraph 1 a) of the Agreement, the Parties have designated the following competent authorities:
1. a)For the Albanian Party:
  Ministry of Internal Affairs
  General Directorate of State Police
  Border and Migration Police Department
  Directorate of Migration and Readmission
  Bulevardi "Bajram Curri" Tiranë
  Tel/Fax: +355 4 222 6932
  E-mail: [email protected]
2. b)For the Portuguese Party:
  Ministry of Internal Affairs
  Immigration and Borders Service
  Lisbon Directorate for Borders
  Tel.: +351 21 845 96 26
  Fax: +351 21 847 42 39
  E-mail: [email protected]
2.The competent authorities shall communicate by electronic mail, wherever possible. In cases where this is not possible, communication shall be made by fax.
3.The Parties shall immediately inform each other through diplomatic channels about any changes in the list of the competent authorities or their contact information.
Article 2
Border crossing points
1.Readmission or transit shall take place in the following border crossing points:
1. a)For the Albanian Party:
  Regional Directorate of Border and Migration
  Commissariat of Border Police and Migration, Rinas
  International Airport "Mother Theresa"
  Tel/Fax: +355 4 2364 028
  Tel: + 355 4 2365 913
  E-mail: [email protected]
2. b)For the Portuguese Party:
  International airports of Lisbon, Porto or Faro
  Lisbon Directorate for Borders
  Tel.: +351 21 845 96 26
  Fax: +351 21 847 42 39
  E-mail: [email protected]
2.The Parties shall immediately inform each other through diplomatic channels of any change in the list of the border crossing points provided in paragraph 1 of this Article.
Article 3
Language in communication
The Parties shall use the English language in the procedures carried out under the Agreement and this Protocol.
Article 4
Readmission application and reply
1.The readmission application shall be submitted in the form as prescribed by Article 7 of the Agreement by the competent authority of the Requesting Party to the competent authority of the Requested Party by writing using the technical means of transmitting text.
2.The reply to the readmission application shall be submitted by writing using the technical means of transmitting text to the competent authority of the Requesting Party by the competent authority of the Requested Party without delay and in any case within 14 calendar days from the date of receipt as prescribed by Article 10 of the Agreement. If the reply is not sent within 14 calendar days, the readmission shall be deemed as accepted.
3.Once the readmission is approved, the Diplomatic Mission or Consular Office of the Requested Party shall immediately and within no later than 7 working days from the date of approval issue a travel document valid for repatriation.
Article 5
Evidence regarding nationality
1.The nationality of the person who is subject to readmission shall be ascertained on the basis of the terms and conditions laid down in Article 8 of the Agreement.
2.In the cases where the citizenship is not established in accordance to paragraph 1 of this Article, it may be ascertained through the intervention of the authorities of the Requested Party. Pursuant to Article 8 paragraph 3 of the Agreement, the consular or diplomatic authority of the Requested Party shall, upon request, carry out an interview with the person concerned within 7 working days from the date of the request, at an office situated on the territory where the interviewed person is located.
3.Once the Requested Party is satisfied that, as result of the interview, it has been established that the person in question is a citizen of the Requested Party, the competent authorities shall immediately and within a maximum period of 7 working days from the date of the interview issue a document valid for repatriation.
Article 6
Transfer of the person to be readmitted
1.The competent authorities of the Parties shall agree, not later than 5 working days from the decision for readmission, on the date, time, method and place of transfer of the person to be readmitted.
2.If the term of transfer was extended due to any legal or practical impediments, the competent authority of the Requesting Party shall immediately notify the competent authority of the Requested Party of the impediments as it occurs and shall indicate the envisaged location and time of transfer.
Article 7
Conditions for escorted transfers
Pursuant to Article 19, paragraph 1, subparagraph b) of the Agreement, the Parties agree to the following conditions relating to escorted transfers, including the transit of third-countries nationals and stateless persons on their territories:
1. a)The Requesting Party shall indicate in the respective section of the readmission or transit applications the following information:
  1. i)Whether the person concerned will be escorted;
  2. ii)The names, family names, ranks, positions and designation of the escort members;
  3. iii)The type, number and date of issue of their passports and service identification cards;
  4. iv)The description of their travel details; and
  5. v)The official authorisation;
2. b)The competent authority of the Requesting Party shall immediately inform the competent authority of the Requested Party of any changes related to the data of the escorts indicated in the previous subparagraph a);
3. c)The escort shall be responsible for escorting the persons to be readmitted and for transferring him/her to the responsible official of the competent authority of the State of destination;
4. d)The escort shall perform his/her duties unarmed and in civilian clothing, he/she should carry documents proving the readmission or transit has been approved, and he/she shall be able at all times to prove his/her identity and official authorisation;
5. e)The Requested Party shall ensure similar protection and assistance to the escort during the performance of his/her duties as it ensures to its own officials authorised to perform such duties;
6. f)The competent authorities shall cooperate with one another on all issues related to the stay of escorts in the territory of the Requested Party. The competent authorities of the Requested Party shall provide the escorts with necessary assistance and protection;
7. g)The escort shall in all cases be subject to the legislation of the Requested Party;
8. h)The powers of the escort while escorting a person to be readmitted or during transit shall be limited to self-defence;
9. i)In the case of unavailability of officials of the Requested Party authorised to carry out the necessary activities 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;
10. j)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;
11. k)The escort may not leave the agreed location of transfer before the transfer of the person to be readmitted is completed;
12. l)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
  Modalities and assistance for transit
1.In accordance with Article 13 and 14 of the Agreement, the Parties agree to the following practical modalities for transit operations:
1. a)An application for transit (in accordance with Annex 6 to the Agreement) must be submitted by fax or in an electronic format to the competent authority of the Requested Party;
2. b)The competent authority of the Requested Party must reply by fax or in an electronic format within 5 working days after the receipt of the application for transit, notifying whether it consents to the transit and the envisaged time of transit, designated border crossing point, method of transport and use of escorts;
3. c)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 Agreement). In the reply to the transit application the competent authority of the Requested Party shall notify whether it is able to provide the requested assistance;
4. d)If the person to be readmitted is transported by air and with escort, the competent authority of the Requested Party shall organise guarding and boarding of the person to be readmitted on its territory, and as far as possible with the assistance of the Requesting Party.
2.The Requesting Party undertakes to take back a person to be readmitted pursuant to Article 13, paragraph 4 of the Agreement without delay, if:
1. a)Consent to transit was refused or revoked pursuant to Article 13, paragraph 3 of the Agreement;
2. b)Transfer of the person to be readmitted to another State of transit or destination failed; or
3. c)Transit is impossible on some other grounds.
  Article 9
  Costs
  Costs incurred by the Requested Party in connection with readmission and transit operations which are to be borne by the Requesting Party in accordance with Article 15 of the Agreement, shall be reimbursed in Euro by the Requesting Party within 60 days upon the submission of a valid invoice.
  Article 10
  Meetings of experts
1.The competent authorities of both Parties can arrange meetings of experts as necessary, particularly regarding the implementation of the Agreement and of this Implementing Protocol.
2.The time and location of such consultations shall be decided upon by mutual agreement.
Article 11
Relations with other international conventions
This Protocol shall be without prejudice to the rights, obligations and responsibilities of the Parties arising from other international conventions.
Article 12
Settlement of disputes
1.Any dispute which may emerge in connection with the interpretation and/or application of this Protocol shall be settled by the Parties through diplomatic channels.
2.In case when disputes can not be settled in accordance with paragraph 1 of this Article, those will be settled by means of consultations between the Parties within the Joint Readmission Committee, pursuant Article 19 of the Agreement.
Article 13
Amendment
1.This Implementing Protocol may be subject to amendment through mutual consent of the Parties.
2.The amendments shall enter into force in accordance to the provisions of Article 15 of this Protocol.
Article 14
Duration and termination
1.This Protocol shall be terminated at the same time as the Agreement.
2.Either Party may, at any time, terminate this Protocol upon a prior notification to the other Party in writing through diplomatic channels.
3.This Protocol shall terminate six months after the receipt of such notification.
4.In case of denunciation the acquired rights and the rights in course of acquisition shall be maintained in accordance with its provisions.
Article 15
Entry into force
This Protocol shall enter into force after the notification, in conformity with paragraph 2 of Article 19 of the Agreement, to the Joint Readmission Committee, 30 days after the date of receipt of the later of the notifications, in writing through diplomatic channels, in which the Parties inform each other of the completion of their respective internal procedures required for that purpose.
Done in Lisbon on the 29th September 2014 in two originals each in the Portuguese, Albanian and English languages, all texts being equally authentic.
In case of divergences of interpretation the English text shall prevail.
For the Portuguese Republic:
Ana Martinho, Secretary-General of the Ministry of Foreign Affairs.
For the Council of Ministers of the Republic of Albania:
Edmond Trako, Ambassador of Republic of Albania in the Portuguese Republic.

Artigo 15.º — Entrada em vigor