Art.º 12 · Decreto n.º 28/2013 — Entrada em vigor

1.As Partes notificar-se-ão, por escrito e por via diplomática, da conclusão dos respetivos requisitos de Direito Interno necessários para a entrada em vigor deste Protocolo de Aplicação.
2.Este Protocolo de Aplicação entrará em vigor após notificação ao Comité Misto de Readmissão, em conformidade com o n.º 2 do artigo 20.º do Acordo, 10 dias úteis após a data da receção da última notificação mencionada no n.º 1 do presente artigo.
Feito em Moscovo a 8 de fevereiro de 2013 em dois originais nas línguas portuguesa, russa e inglesa, sendo todos os textos igualmente autênticos.
Em caso de divergência de interpretação deste Protocolo de Aplicação, deverá ser utilizado o texto em língua inglesa.
Pelo Governo da República Portuguesa:
(ver documento original)
Pelo Governo da Federação da Rússia:
(ver documento original)
Implementing Protocol between the Government of the Portuguese Republic and the Government of the Russian Federation on the implementation of the Agreement between the European Community and the Russian Federation on readmission of 25 May 2006.
The Government of the Portuguese Republic and the Government of the Russian Federation, hereinafter referred to as the "Parties",
Desiring to create the necessary conditions as foreseen in paragraph 1 of Article 20 of the Agreement between the European Community and the Russian Federation on Readmission, signed in Sochi, on 25 May 2006, hereinafter referred to as the "Agreement";
In addition to the Implementation Protocol between the Government of the Portuguese Republic and the Government of the Russian Federation, signed in Moscow, on 1 February 2007, concerning a deadline for a reply to an application for readmission under the Agreement between the European Community and the Russian Federation on Readmission, of 25 May 2006,
Have agreed as follows:
Article 1
Competent Authorities
1.The competent authorities responsible for the implementation of the Agreement are:
1. a)For the Russian Party:
  Federal Migration Service - central competent authority;
  Ministry of Foreign Affairs of the Russian Federation and Federal Security Service of the Russian Federation;
2. b)For the Portuguese Party:
  Immigration and Borders Service - Ministry of Internal Affairs - central competent authority.
2.The Parties shall immediately inform each other through diplomatic channels of any change of the competent authorities, provided in paragraph 1 of this Article.
3.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.
4.The central competent authorities shall inform each other in written form of their contact data within 30 calendar days from the date of signature of this Implementing Protocol.
5.The central competent authorities shall immediately inform each other in written form through diplomatic channels of any changes in their contact data.
Article 2
Submission of the readmission application and reply thereto
1.A readmission application, compiled pursuant to Article 7 of the Agreement, shall be submitted in written form 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 by the central competent authority of the requested Party to the central competent authority of the requesting Party in written form no later than 25 calendar days from the date of its receipt by post or courier and by technical means of information transmission without indication of the personal data of the person to be readmitted.
3.The diplomatic mission or consular post of the State of the requested Party in the territory of the of the State of the requesting Party shall issue the necessary travel document for return in five calendar days counting from the positive reply to the requesting Party.
Article 3
Other documents
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 third country nationals and stateless persons, then such documents may be attached to the readmission application submitted to the requested Party.
2.The requested Party has the right to decide whether the documents referred to in paragraph 1 of this Article may be taken into consideration in processing the readmission application.
Article 4
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 indicated in paragraph "D" of the readmission application.
2.The primary duty for interview implementation is laid on the representative of the central competent authority at the diplomatic mission or consular post of the State of the requested Party in the territory of the State of the requesting Party.
3.In case there are no representatives of the central competent authority referred to 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 within 10 working days from the date of the receipt of the readmission application containing the request for an interview.
5.The time limits for the reply to such a readmission application shall begin to run on the date in which the information of the interview results has been sent by the central competent authority of the requested Party.
6.If the person to be readmitted has not been present at the interview or if with the results of the interview was not proved the nationality of the State of the requested Party, the central competent authority of the requested Party shall refuse the readmission application, specified in paragraph 1 of the present Article, without further consideration simultaneously with the notification about the outcome of the interview.
Article 5
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 in written form by post or courier no later than 10 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 in written form by post or courier and by technical means of information transmission without indication of the personal data of the transferred person, in the shortest possible time period but not later than 5 working days from the date of its receipt.
Article 6
Readmission and transit procedures
1.For the purposes of readmission and transit the Parties shall identify the following border crossing points:
1. a)For the Russian Party: at all international airports within the territory of the Russian Federation;
2. b)For the Portuguese Party: at all international airports within the territory of the Portuguese Republic.
2.The Parties shall immediately inform each other through diplomatic channels of any changes of the border crossing points provided in paragraph 1 of this Article.
3.The date, time and border crossing point 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 particular case separately.
Article 7
Escorting of persons to be readmitted or in transit
1.If an escort is needed for readmission or transit of the person, the central competent authority of the requesting Party shall convey to the central competent authority of the requested Party the following information:
1. a)The first names, last names and positions of the members of escort;
2. b)Numbers and date of issue of their passports;
3. c)Flight number, date and time of departure and arrival.
2.If possible the information referred to in paragraph 1 of this Article shall be indicated in paragraph "D" of the readmission application or transit application, compiled in accordance with the form set in Annexes 1 and 6 to the Agreement.
3.In case of any changes in the data concerning the members of escort referred to 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 of these changes.
4.The members of escort shall be obliged to obey the legislation of the State of the requested Party during their stay in the territory of the State of the requested Party.
5.The members of escort shall be in civilian clothes and carry valid passports, as well as documents to be proof of complete understanding as to readmission or transit.
6.The members of escort shall not carry weapons and any other items which are not allowed or which are allowed with some legal restrictions in the territory of the State of the requested Party.
7.The competent authorities of the Parties shall co-operate with each other on all issues related to the stay of the members of escort in the territory of the State of the requested Party. In this case, the competent authorities of the requested Party shall provide the members of escort with possible assistance if necessary.
Article 8
Costs
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, shall be reimbursed in euro within 60 calendar days upon the submission of the documents proving the costs.
Article 9
Language
1.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:
1. a)The Russian Party - in the Russian language with translation into the Portuguese or English languages appended;
2. b)The Portuguese Party - in the Portuguese language with translation into the Russian or English languages appended.
2.Consultations between the competent authorities concerning the implementation of this Implementing Protocol shall be held in the English language, unless otherwise agreed.
Article 10
Amendments
1.The Parties may, upon mutual consent, make amendments to this Implementing Protocol.
2.The amendments shall enter into force in accordance to the provisions of Article 12 of this Implementing Protocol.
Article 11
Termination
1.This Implementing Protocol shall be terminated at the same time as the Agreement.
2.Either Party may, at any time, terminate this Implementing Protocol upon a prior notification to the other Party in writing through diplomatic channels.
3.This Implementing Protocol shall terminate six months after the receipt of the notification provided in paragraph 2 of this Article.
4.In case of termination of this Implementing Protocol the acquired rights and the rights in course of acquisition shall be maintained in accordance with the provisions of this Implementing Protocol.
Article 12
Entry into force
1.The Parties shall notify each other, in writing, through diplomatic channels, on the completion of their respective internal procedures required for the entry into force of this Implementing Protocol.
2.This Implementing Protocol shall enter into force after the notification, in conformity with paragraph 2 of Article 20 of the Agreement, to the Joint Readmission Committee, 10 working days after the date of receipt of the later notification, mentioned in the paragraph 1 of this Article.
Done in Moscow on 8th February 2013 in two originals in the Portuguese, Russian, and English languages, all texts being equally authentic.
In case of divergence of interpretation of this Implementing Protocol, the English text shall be used.
For the Government of the Portuguese Republic:
(ver documento original)
For the Government of the Russian Federation:
(ver documento original)

Artigo 12.º — Entrada em vigor