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Norsk

Bilateral agreements

Document-ID : 2005-02-15
Entry info force : 28.05.2005
Ratificationdate : 15.04.2005
Documentdate : 15.02.2005

Agreement between Norway and the Slovak Republic on the readmission of persons

Agreement between the Government of the Kingdom of Norway and the Government of the Slovak Republic on the readmission of persons

       The Government of the Kingdom of Norway
       and
       the Government of the Slovak Republic

       (hereinafter referred to as the « Contracting Parties »), desirous of facilitating the readmission of persons who do not or no longer fulfil the conditions for entry into the territory of the State of the other Contracting Party or residence therein, and facilitating the transit of such persons,
       in the context of co-operation and on the basis of reciprocity,
       being aware of the need to combat illegal migration,
       have agreed as follows:

Article 1
Definitions

       For the purpose of the present Agreement the Parties shall use the following definitions:

a)            

«Third-country national» is a person who does not have citizenship of the State of either Contracting Party;  

b)  

«Visa» means a valid permit issued by the competent authorities of a Contracting Party entitling a person to entry and stay on the territory of its State, without interruption for a specified period of time according to the national legislation of that Party;  

c) 

«Residence permit» means a valid permit issued by the competent authorities of a Contracting Party entitling the person bearing it to repeatedly enter and reside in the territory of its State; a residence permit does not constitute any kind of visa and may not be assimilated with a temporary residence permit granted to a person to allow him/her to stay in the territory of the State of a Contracting Party in connection with consideration of an asylum application or pending an expulsion procedure.  



Article 2
Readmission of nationals of the Contracting Parties

1.        

Each Contracting Party shall, at the request of the other Contracting Party and without further formalities, readmit any person who does not or no longer fulfils the legal requirements for staying in the territory of the State of the Requesting Contracting Party, provided that it is proved or may be validly assumed that such person has the citizenship of the Requested Contracting Party. This obligation includes readmission of children who are nationals of the Requested Contracting Party when the child is abandoned by its parents in the territory of the State of the Requesting Contracting Party.  

2. 

The same shall apply to a person who has lost the citizenship of the Requested Contracting Party since entering the territory of the State of the Requesting Contracting Party without having been promised citizenship by the competent authorities of the Requesting Contracting Party.  

3.

A Requesting Contracting Party shall readmit such persons if subsequent checks reveal that they did not fulfil the conditions in paragraph 1 or 2. 

4. 

Upon application by the Requesting Contracting Party, the Requested Contracting Party shall, without delay, issue to the person subject to readmission under the provisions of paragraph 1 the surrogate travel documents required.  



Article 3
Proving or presuming citizenship

1.        

The following documents are considered as a proof of citizenship, provided they can definitely be ascribed to a particular person:  

 

a) citizenship certificates; 

 

b) passports of any kind (national passports, collective passports, diplomatic passports, service passports and surrogate passports);  

 

c) identity cards, including temporary and provisional cards;  

 

d) official documents indicating the citizenship of the person concerned;  

 

e) seamen's registration books and skippers' service cards;  

 

f) unequivocal information provided by the competent authorities of either Contracting Party.  

2. 

The citizenship of the person to be transferred in accordance with Article 2 may be validly presumed by means of:  

 

a) documents listed in paragraph 1, the validity of which has expired;  

 

b) photocopies of any of the documents listed in paragraph 1;  

 

c) driving licences;  

 

d) company identity cards, service books and military identity cards;  

 

e) birth certificates; 

 

f) photocopies of the documents mentioned in subparagraphs a) and c)-e);  

 

g) written statements made by witnesses;  

 

h) written statement made by the person concerned;  

 

i) the language spoken by the person concerned only if used in conjunction with any of the items listed in subparagraphs b)-g) and j);  

 

j) any other documents which may help to establish the citizenship of the person concerned.  

3. 

Where evidence of citizenship is provided according to subparagraph 2, the Contracting Parties shall mutually deem the citizenship to be established, unless the Requested Contracting Party has disproved it.  

4.  

The documents listed in paragraph 2 b)-e) of this Article shall be considered as a valid presumption of citizenship even if their validity has expired.  

5. 

If the evidence according to paragraph 1 is not present and/or the valid presumption of citizenship according to paragraph 2) is not sufficient, the competent Diplomatic Mission or Consular Office of the Requested Contracting Party shall, without delay, interview the person concerned in order to determine his/ her citizenship.  



Article 4
Readmission of third-country nationals

1.        

The Requested Contracting Party shall, at the request of the Requesting Contracting Party and without any formality, readmit a third-country national who does not or no longer fulfils the legal requirements for entry or residence, and is in possession of a valid visa or a valid residence permit issued by the Requested Contracting Party, or has arrived directly from the territory of the State of the Requested Contracting Party.  

2. 

Paragraph 1 shall not apply in cases when a transit visa has been issued.  



Article 5
Exemption from the obligation to readmit third-country nationals

1.        

The readmission obligation pursuant to Article 4 paragraph 1 shall not apply in respect of a third-country national who was in possession of a valid visa or a residence permit issued by the Requesting Contracting Party when the person entered the territory of the State of that Contracting Party, or who was issued with a residence permit by that Contracting Party after entering the territory of its State. 

2. 

If the visa or the residence permit was issued by both Contracting Parties, the Contracting Party whose visa or residence permit expires latest shall readmit that third-country national.  

3. 

The Contracting Parties shall make every effort to give priority to transferring a third-country national to his/her country of origin.  



Article 6
Readmission procedures and time limits

1.        

The Requested Contracting Party shall reply to a readmission request from the competent authorities of the Requesting Contracting Party, without any delay, within a maximum of fifteen (15) days. Grounds shall be given for any rejection of such request.  

2. 

The Requested Contracting Party shall take over the person subject to the readmission procedure, without any delay, after receiving notification of the approval of the readmission request and, in any case, no later than one month after the date of approval. Upon notification, this time limit may be extended by the time taken to deal with legal or practical obstacles. 



Article 7
Lapse of obligation to readmit

       A request for readmission shall be submitted, without delay, and no later than one (1) year after the Requesting Contracting Party has established the unauthorized entry or presence by the third-country national on the territory of its State. In failing to meet this deadline, such request need not be enforced.

Article 8
Transit

1.        

A Contracting Party shall allow a third-country national to pass through the territory of its State in transit in case of returning to the State of destination upon request of the other Contracting Party.  

2. 

If a third-country national subject to a readmission procedure is not allowed to enter the territory of a third state, or if, irrespective of the reason, the continuation of the journey is no longer possible, the Requesting Contracting Party shall assume full responsibility for such a national and for returning him/ her, without delay, to the territory of its State. 

3. 

The Contracting Parties may request a representative of the competent authorities of the other Contracting Party to be present as an escort during the transit.  

4. 

If needed, the Requested Contracting Party shall grant a transit visa free of charge to the escorted persons and their escorts, in compliance with national legislation.  

5. 

Transit of a third-country national may be refused if he/she represents a threat to the national security, public order or public health of the Requested Contracting Party.



Article 9
Exchange and protection of information

1.        

For the purpose of the implementation of this Agreement, personal data shall be transferred in compliance with Articles 2, 3, 4, 5, and 8. Such information may concern only the following:  

 

a) the personal data of the person to be readmitted or transited and, when necessary, of any members of the person's family (surname, first name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, present and previous citizenship),  

 

b) passport, identity card or other identity document, travel document or laissez-passer,  

 

c) other details needed to identify the persons to be readmitted or transited,  

 

d) data on a transport of a person,  

 

e) need for medical or special care and personal data of the person to be readmitted, and of his/her escorts, if escort is assured by the competent authorities of the Requesting Contracting Party.  

2. 

Each Contracting Party undertakes to:  

 

a) use any information received under this Agreement solely for the purpose for which it has been acquired;  

 

b) keep confidential the information sent to the Requested Contracting Party and not transmit such information to a third-party, unless such transmission is authorized by the Requesting Contracting Party;

 

c) protect this information against any accidental loss, unauthorized access, alteration or disclosure;  

 

d) destroy this information in compliance with any conditions as set forth by the Requesting Contracting Party and, if there are no such conditions, as soon as the information is no longer required for the purpose for which it has been supplied.  



Article 10
Expenses

1.        

The costs of transporting persons to be readmitted to the border of the territory of the State of the Requested Contracting Party shall, pursuant to Articles 2, 4 and 5, be borne by the Requesting Contracting Party, unless they shall be borne by a transport company.  

2. 

The same Contracting Party shall also bear all transportation expenses deriving from fulfilment of the obligation to readmit according to Article 2, paragraph 2.  

3.  

The costs of transit as far as to the border of the State of destination pursuant to Article 8 shall be borne by the Requesting Contracting Party, including the transport costs for escorts of persons to be readmitted, and if, irrespective of the reason, continuation of the travel is no longer possible, it shall also bear the expenses for returning of these persons to the territory of its State, unless the costs shall be borne by a transport company. Any transit costs incurred that are paid by the Requested Contracting Party shall be refunded within sixty (60) days from the receipt of an invoice.  



Article 11
Implementation of the Agreement

1.        

Within thirty days after the entry into force of this Agreement, the Contracting Parties shall inform each other, through diplomatic channels, of the competent authorities designated to implement it, as well as their addresses or other information necessary to facilitate communication. The Contracting Parties shall also inform each other about any changes that occur with regard to these authorities.  

2. 

The representatives of the competent authorities shall meet whenever necessary to analyse the modalities for applying this Agreement, and shall agree upon the practical arrangements for its implementation. 

3. 

The competent authorities shall also agree upon other arrangements as may be required by the implementation of this Agreement, such as:  

 

a) details, documents substantiating evidence and measures necessary to carry out transfer and transit procedures  

 

b) border-crossing points and dates for readmission; 

 

c) conditions of transportation in transit for a third country national under escort by the competent authorities;  

 

d) evidence or a valid presumed evidence on the basis of which it may be proven or assumed that a third-country national has entered the territory of the State of the Contracting Party directly from the territory of the other Contracting Party;  

 

e) format and content of the readmission request, format of the individual fiche with personal data, records of persons subject to readmission procedures, working language, etc. 

Article 12

       Nothing in this Agreement shall affect the rights and obligations of the Contracting Parties arising from other legally binding international agreements.

Article 13
Final provisions

1.        

This Agreement shall apply for an indefinite period. 

2. 

Each Contracting Party shall notify the other in writing, through diplomatic channels, of the completion of the legal procedures required in the territory of its State for the entry into force of this Agreement. The Agreement shall enter into force thirty days after the date of the receipt of the latter of the two notifications. 

3. 

Each Contracting Party may, with the exception of cases falling under Article 2, suspend the implementation of this Agreement on grounds of protecting national security, public order or public health by notifying the other Contracting Party in writing. Such notification shall be made, without delay, to the other Contracting Party through diplomatic channels, and become effective as of the date specified in the notification. The Agreement shall be implemented again from the date when the other Contracting Party has been notified by the Requesting Contracting Party that the grounds for suspension are no longer present. 

4. 

Each Contracting Party may, at any time, in compliance with its national legislation, propose amendments or additions to this Agreement. After the Contracting Parties have agreed upon such a proposal and signed the documents, the amendments or additions will come into force in accordance with paragraph 2 of this Article. 

5. 

Each Contracting Party may denounce this Agreement by giving written notification to the other Contracting Party. The denunciation shall become effective on the first day of the second month following that when such written notification has been received by the other Contracting Party. 

6. 

This Agreement shall apply to all persons staying in the territory of the State of the Contracting Parties as from the date on which this Agreement enters into force.



       Done in two originals at Bratislava on 15 February 2005, in the Norwegian, Slovak and English languages, all three texts being equally authentic. In the case of any divergence of interpretation, the English text shall prevail.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo