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.