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Artigo 13.º — Disposições finais

Vigente desde: 23/05/2003
  1. 1 -Este Acordo entra em vigor 30 dias após a data da última nota que notifica a outra Parte de que se encontram concluídas as formalidades internas necessárias à entrada em vigor deste Acordo.
  2. 2 -Cada Parte pode suspender temporariamente a aplicação deste Acordo, no todo ou em parte e com excepção do artigo 2.º, por motivos de segurança de Estado, ordem pública ou saúde pública, através de notificação, por escrito, à outra Parte. A suspensão produzirá efeito na data de recepção da notificação escrita.
  3. 3 -O presente Acordo pode ser denunciado por cada Parte através de notificação, por escrito, sendo que a denúncia tem efeito um mês após a data da recepção da notificação escrita.

    Feito em Lisboa, aos 12 dias de Novembro de 2001, em três cópias originais, em português, estónio e inglês, todas fazendo igualmente fé. Em caso de interpretações divergentes, a versão inglesa prevalecerá.

    Pela República Portuguesa:

    (ver assinatura no documento original)

    Pela República da Estónia:

    (ver assinatura no documento original)

    (ver texto em língua estónia no documento original)

    AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF ESTONIA ON THE READMISSION OF PERSONS

    The Portuguese Republic and the Republic of Estonia, hereinafter referred to as «Parties»:

    Desirous of facilitating the readmission of persons staying illegally on the territory of the other Party and the transit of such persons;

    In a spirit of co-operation and on the basis of reciprocity;

    Recalling the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms;

    Recalling the principles that are enacted in the Convention relating to the Status of Refugees of 28 July 1951, as amended by the Protocol of 31 January 1967;

    have agreed as follows:

    Article 1

    Definitions

    For the purposes of this Agreement the following definitions shall apply:

    1) An «alien» means a person who is neither a portuguese nor an estonian national;

    2) An «entry permit» is a visa, residence/work permit or other kind of document under wich an alien is authorized to enter or stay in the territory of a Party;

    3) A «requested Party» is a Party having to readmit any person staying illegally in the territory of the other Party or to allow him/her to re-enter in or pass through its territory at the request of the other Party;

    4) A «requesting Party» is a Party requesting the other Party to readmit any person staying illegally in its territory or to allow him/her to re-enter in or pass through the territory of the other Party at its request.

    Article 2

    Readmission of nationals

    Provided that the nationality of a person is proved or validly assumed, each Party shall readmit without any additional formality its nationals who do not fulfill the legal requirements for entry or stay in the territory of the other Party.

    Article 3

    Readmission of an alien

  4. 1 -Each Party shall, without any formalities other than provided for in this Agreement, readmit an alien who does not fulfill the legal requirements in force for entry or stay in the territory of the requesting Party, when it is proved, or can be validly assumed, that the alien has arrived from the territory of the requested Party.
  5. 2 -Each Party shall also readmit an alien who does not fulfill the legal requirements in force for entry or stay in the territory of the requesting Party, if that alien is in possession of a valid entry permit issued by the requested Party.
  6. 3 -If both Parties have issued an entry permit, the responsability shall lie with the Party which issued the entry permit expiring last.

    Article 4

    Readmission by the requesting Party

    The requesting Party shall readmit into its territory the alien who, after being readmitted by the requested Party, does not meet the requirements referred to in previous articles at the moment of leaving the requesting Party.

    Article 5

    Time limits

  7. 1 -A requested Party shall respond to a readmission request without delay, and in any case within a maximum of 14 days.
  8. 2 -The time limit mentioned in paragrafh 1 of this article shall also apply to the exchange of complementary information.
  9. 3 -The requested Party shall take charge of a person whose readmission has been agreed to without delay and, in any case, within a maximum of one month from receiving the readmission request. Upon application by a Party this time limit may be extended, should any legal or practical problem occur.

    Article 6

    Refusal of readmission

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

    Article 7

    Transit

  10. 1 -The requested Party shall allow aliens subject to removal to pass through its territory by plane.
  11. 2 -When necessary the requesting Party shall provide an escort to the alien subject to removal.
  12. 3 -The requesting Party shall provide the alien with a travel document, when needed, and with a travel ticket.
  13. 4 -The requested Party shall issue, when necessary, a transit visa to the escorted person and to the escorts in accordance with its national legislation.
  14. 5 -Transit requests shall be addressed directly to the competent authorities of the Parties and shall include information concerning identity and nationality of the alien, date and time of arrival on the territory of the requested Party, date and time of departure to the final destination, type of travel document, flight information and identification of the escort.
  15. 6 -Notwithstanding any authorization issued, the requesting Party shall readmit into its territory an alien if his/her entry into a third country is not admitted or if the onward journey is otherwise impossible.

    Article 8

    Refusal of transit

  16. 1 -Transit in case of removal of an alien can be refused for reasons of public order, national security or international relations of a Party.
  17. 2 -The refusal shall also apply 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 9

    Costs

  18. 1 -The costs of transporting a person, referred to in articles 2, 3 and 4, shall be borne by the requesting Party as far as to the border of the requested Party, unless the costs shall be borne by a transporting company.
  19. 2 -The costs of transit, in accordance with article 7, as far as to the border of the State of destination and, when necessary, of return transport shall be borne by the requesting Party.

    Article 10

    Data protection

    Insofar as personal data have to be communicated in order to implement this agreement, such information may concern only the following:

    1. a)The particulars of the person subject to removal and, when necessary, of his family members, such as surname, given name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous nationality;
    2. b)Passport, identity card or other travel documents (number, date of issue, issuing authority, place of issue, period of validity);
    3. c)Other details necessary to identify the person subject to removal;
    4. d)Itineraries, and
    5. e)Entry permits issued by one of the Parties or a third State.

      Article 11

      Implementation

  20. 1 -The Parties shall notify each other, through diplomatic channels, of the authorities and contact persons who are responsible for the implementation of this Agreement. The Parties shall also notify each other of changes relating to such authorities or contact persons.
  21. 2 -The competent authorities shall meet when necessary and decide on the practical arrangements for the implementation of this Agreement.

    Article 12

    Relation to other international agreements

    Nothing in this Agreement shall affect the rights or obligations of the Parties arising from provisions in other international agreements to which they are party.

    Article 13

    Final clauses

  22. 1 -This Agreement shall enter into force 30 days after the date of the last note, notifying the other Party that the necessary internal requirements for the entry into force of the Agreement have been fulfilled.
  23. 2 -Each Party may temporarily suspend the implementation, in whole or in part, with the exception of article 2 of this Agreement, for reasons of public order, national security or health, notifying immediately the other Party. The suspension shall enter into force on the date of the reception of such written notification.
  24. 3 -This Agreement may be denounced by each Party by notification in writing, the denouciation taking effect one month after the date of the reception of such written notification.

    Done in Lisbon on the 12th of November 2001 in three originals, in portuguese, estonian and english languages, all texts being equally authentic. In case of divergence of interpretation, the english text shall prevail.

    On behalf of the Portuguese Republic:

    (ver assinatura no documento original)

    On behalf of the Republic of Estonia:

    (ver assinatura no documento original)

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