Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Republiek Kazachstan betreffende de terug- en overname
(authentiek: en)
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, acting jointly by virtue of the provisions of the Benelux Convention concluded on 11 April 1960 (the States of the Benelux) and the Republic of Kazakhstan
hereinafter referred to as “the Parties”,
Striving to reconfirm their common desire to effectively combat the illegal immigration of their respective nationals as well as of third State nationals,
Striving to promote cooperation between the Parties and on the basis of reciprocity to facilitate the readmission of persons who have entered and/or are residing on the territory of another Party without authorisation, and the transit of persons to be removed in accordance with the norms of international law,
Striving to establish an obligation to readmit the third State nationals between the Parties, under the conditions set forth in this agreement,
Concerned to ensure that such readmission takes place quickly and safely, according to procedures which guarantee respect for human dignity,
Acknowledging the necessity to observe the human rights and freedom and noting that the present Agreement shall not prejudice the rights and obligations of the Parties under the Universal Declaration of Human Rights (UDHR) of 10 December 1948 and international law, in particular the Convention of 28 July 1951 relating to the Status of Refugees, as amended by the Protocol of 31 January 1967 relating to the Status of Refugees, the Convention of 28 September 1954 relating to the Status of Stateless Persons, the International Covenant of 16 December 1966 on Civil and Political Rights, the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Taking into consideration that cooperation on readmission and simplification of state border-crossing between the Parties is of common interest,
Have agreed as follows:
Article 1. Definitions and scope [Treedt in werking op een nader te bepalen tijdstip]
For the purposes of this Agreement, the following terms shall be understood to have the following meanings:
1. “Territory:
? for the Republic of Kazakhstan: the territory of the Republic of Kazakhstan;
? for the States of the Benelux: the combined territory in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2. “Readmission”: the transfer by the competent authority of the requesting Party and admission by the competent authority of the requested Party of nationals of the requested Party, nationals of the third States and stateless persons, who illegally entered, reside or live in the territory of the requesting Party;
3. “Own national”: anyone who has the nationality of the Republic of Kazakhstan or of one of the States of the Benelux;
4. “Third State national”: anyone who does not have the nationality of the Republic of Kazakhstan or of one of the States of the Benelux;
5. “Stateless person”: a person who is not considered as a national by any State under the operation of its law;
6. “Requesting Party”: the Party on the territory of which, a person who has entered and/or is residing without authorisation is to be found and which requests the readmission of this person or his transit, under the conditions set forth in this Agreement;
7. “Requested Party”: the Party which is asked to readmit a person who has entered and/or is residing without authorisation to its territory or to allow his transit over its territory, under the conditions set forth in this Agreement;
8. “Residence permit”: a formal authorisation issued by one of the Parties, regardless of what type, which gives a person the right to stay in the territory of the Republic of Kazakhstan or in the territory of one of the States of the Benelux. This does not include a temporary permission to reside in the territory the Republic of Kazakhstan or in the territory of one of the States of the Benelux with a view to the processing of an asylum application or of a request for a residence permit.
9. “Transit”: the passage of a third State national or a stateless person through the territory of the requested Party while travelling from the territory of the requesting Party to the country of destination
1.
The requested Party shall readmit to its territory, at the request of the requesting Party and within the limits of the present Agreement, any person who does not fulfil or no longer fulfils the conditions for entry into, stay or residence in the territory of the requesting Party, when it can be proven or when it can be established, under provisions set forth in Article 5 of the present Agreement, that he has the nationality of the requested Party.
2.
This provision shall also apply to persons who, after entering the territory of the requesting Party, have been deprived of or have renounced the nationality of the requested Party without acquiring the nationality of the requesting Party.
3.
The requested Party shall also readmit:
1. Minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the requesting Party;
2. Spouses holding another nationality than that of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the requested Party, unless they have an independent right of residence in the requesting Party.
4.
At the request of the requesting Party, and in accordance with the provisions of Article 7, paragraph 5 of the present Agreement, the requested Party shall immediately issue the travel documents required for the return journey of the persons to be readmitted.
1.
The requested Party shall readmit to its territory, at the request of the requesting Party and within the limits of the present Agreement, any third State national or stateless person who does not fulfil or no longer fulfils the conditions for entry into or residence in the territory of the requesting Party, when it can be proven, or on the basis of prima facie evidence it can be plausibly demonstrated, that this person:
1. possesses a valid residence permit issued by the requested Party, or
2. possesses a valid visa, other than a transit visa, issued by the requested Party, or
3. upon entering the territory of the requesting Party possessed a valid residence permit or a valid visa, other than a transit visa, issued by the requested Party, or
4. entered the territory of the requesting Party after having travelled through the territory of the requested Party or resided there.
2.
The readmission obligation set forth in paragraph 1 herein does not apply in the event that:
1. the requesting Party issued to the third State national or the stateless person concerned, before or after that person’s entry into its territory, a visa other than a transit visa, or a residence permit with a longer period of validity than that of the visa or the residence permit which was issued by the requested Party, or
2. a visa or a residence permit, issued by the requested Party, has been obtained by means of forged or false documents.
1.
A request for readmission on the basis of Articles 2 or 3 of the present Agreement shall be submitted in writing to the competent authority of the requested Party.
2.
Each request for readmission shall include the following information:
1. the personal details of the person concerned (surname, given names, any previous names, nicknames and pseudonyms, alias, sex, date of birth and, if possible, place of birth and last place of residence in the territory of the requested Party);
2. copies of the items of evidence as mentioned in Article 5 or 6 of the present Agreement.
3.
The request for readmission shall also include the following information, where appropriate:
1. evidence that the person to be transferred, needs special (medical or other) treatment or must be transported by ambulance;
2. notification of all other protective or safety measures which might be necessary for this transfer.
4.
No readmission application shall be needed where the person to be readmitted is in possession of a valid national passport and, in case such person is a third country national or stateless person, also holds a valid visa or residence authorization of the Party which has to admit this person.
5.
If the person to be readmitted is in the international zone of an airport of one of the Parties, the competent authorities may agree on a simplified procedure.
1.
The proof of nationality in accordance with Article 2 of the present Agreement can be furnished by means of the following documents:
1. a valid passport or passport-replacing travel document with photo (laissez-passer);
2. a valid national identity card;
3. a valid military identity card or other armed forces personnel identity card with a photo of the holder;
4. a valid seaman’s identity card;
5. other official documents indicating the nationality of the person concerned, issued by the requested Party and bearing a photo;
6. a document, as described above, which is no longer valid on the date on which the request for readmission is sent.
When such documents are presented, the Parties shall recognise the person’s nationality without further formalities.
2.
Prima facie evidence of nationality in accordance with Article 2 of the present Agreement can be furnished by means of the following documents or items:
1. a copy of one of the documents mentioned in paragraph 1;
2. other documents or data, including biometric data, which may help to establish the nationality of the person concerned (seaman’s book, driving licence etc.);
3. a document indicating consular registration, proof of nationality, or proof issued by the municipal registry of births, marriages and deaths;
4. a company pass where a person works or has worked;
5. copies of the documents mentioned in points 2 to 4 inclusive;
6. a reliable witness statement;
7. the statement made by the person himself.
When such documents or data are presented, the Parties shall accept the nationality as having been established, unless the requested Party can disprove it.
3.
If none of the documents or data mentioned in paragraphs 1 and 2 herein can be presented, but the requesting Party believes that a presumption exists with regard to the nationality of the person to be readmitted, the competent authorities of the requested Party shall take the necessary measures to determine the nationality of the person concerned. To this end, the diplomatic or consular mission of the requested Party accredited with the requesting Party will question the person concerned in order to determine, inter alia on the basis of the language in which the person communicates, whether he is one of its own nationals.
1.
Proof that the conditions set for the readmission of third State nationals or stateless persons mentioned in Article 3 have been met can be furnished by means of the following items of evidence:
1. valid visas or residence permits issued by the requested Party;
2. visas or residence permits issued by the requested Party whose period of validity has expired within the previous two years;
3. entry / exit stamps or similar marks in the travel document of the person concerned demonstrating his entry into or stay in the territory of the requested Party or demonstrating his entry into the territory of the requesting Party from that of the requested Party (travel route);
4. documents issued in the person’s name by the requested Party (e.g. driving licence, identity card);
5. documents issued by the registry of births, marriages and deaths or registration on the territory of the requested Party;
6. copies of the documents named in points 1 to 4 herein inclusive.
The above items of evidence shall be recognised between the Parties without any further formalities.
2.
Prima facie evidence that the conditions set for the readmission of third State nationals or stateless persons mentioned in Article 3 of the present Agreement have been met can be furnished by means of the following items:
1. travel tickets, documents or invoices bearing the person’s name if they show the person’s entry into, or stay in, the territory of the requested Party, or that show his entry into the territory of the requesting Party from that of the requested Party (e.g. hotel bills, appointment cards for visit to doctor/dentist, passes granting access to public/private institutions, passenger lists for plane or boat trips);
2. information showing that the person concerned used the services of a tour guide or travel agency;
3. official declarations, in particular by border control officials working at the state border of the requested Party and other public servants who can testify that the person concerned crossed the state border of the requested Party;
4. official declarations by public servants about the presence of the person concerned in the territory of the requested Party;
5. a residence permit issued by the requested Party which expired more than two years ago;
6. a written declaration describing the place where, and the circumstances in which, the person concerned was intercepted after entering the territory of the requesting Party;
7. information related to the identity and/or stay of a person which has been provided by an international organization;
8. a witness statement made by a travelling companion;
9. statements made by the person himself;
10. other documents (for example entrance tickets not bearing the person’s name) or reliable information on the basis of which the person’s residence in or journey through the territory of the requested Party can be credibly established.
When this prima facie evidence is furnished, the Parties assume that the conditions have been met, unless the requested Party can disprove it.
1.
A request to readmit a Party’s own national can be submitted at any time by the competent authority of the requesting Party, if it has been established that the person concerned does not fulfil or no longer fulfils the conditions for entry into or residence in the territory of the requesting Party.
2.
A request for the readmission of a third State national or a stateless person must be submitted by the competent authority of the requesting Party no later than one year after the requesting Party has ascertained that this person does not fulfil or no longer fulfils the conditions for entry into or residence in the territory of the requesting Party. If there are legal or any other impediments preventing the request from being submitted within the allotted time, the period shall be extended on request, but only, at the latest, until such time as these impediments have been removed.
3.
A request for readmission must be answered immediately and in any event within 21 calendar days at the latest, and the reason(s) for refusing a readmission request must be specified. This period shall begin on the date of receipt of the request for readmission. If there is no answer within this period, it shall be assumed that the readmission has been approved.
4.
After the readmission has been approved, or, where appropriate, after the 21 calendar days period has elapsed, the requested Party shall readmit without further formalities, immediately, and in any case within a month at the latest the person whose readmission has been agreed. This period may be extended, on request, by the time required to remove impediments of legal or any other nature.
5.
At the request of the requesting Party, the requested Party shall provide immediately and in any case within five working days at the latest, the travel documents necessary for the person’s transfer, bearing his name and valid for at least six months. If the requested Party cannot provide the requested travel document within five working days after the date of receipt of the request, the requested Party will be deemed to have consented to the use of a travel document provided by the requesting Party. If the person concerned cannot be transferred before the expiry of the initial travel document, for legal or any other reasons, the requested Party shall within five working days provide a new travel document with the same period of validity.
1.
Before a person is transferred, the competent authorities of the requesting Party shall inform the competent authorities of the requested Party in writing of the date, state border-crossing point, possible escorts and any other information with regard to the transfer.
2.
It is not prohibited to use any mode of transport, either by land, sea or air. The choice of the mode of transport is made by the requesting Party. Either scheduled or charter flights may be used.
Article 9. Readmission in error [Treedt in werking op een nader te bepalen tijdstip]
The requesting Party shall readmit any person should it emerge from examination within three months at the latest following the readmission of the person that at the time of leaving the territory of the requesting Party he did not fulfill the conditions stated in Article 2 or 3 of this Agreement.
In such cases, the procedural provisions of this Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.
1.
The Parties shall permit the transit of third State nationals through their territory if another Party so requests, under the condition that these persons will travel onward through any other transit States and will be readmitted by the State of destination.
2.
The Parties shall do whatever is necessary to limit the transit of third State nationals to cases in which these persons cannot be transferred directly to the State of destination.
3.
Transit can be refused by the Parties:
1. if the third State national runs a genuine risk in the State of destination or some other transit State of being subjected to torture, inhuman or degrading treatment or punishment, the death penalty, or persecution because of his race, religion, nationality, political convictions or membership of a particular social group;
2. if the third State national will be prosecuted under the criminal law or subject to the enforcement of a criminal judgement in the territory of the requested Party or the State of transit;
3. on grounds of public health, domestic security or public order of the requested Party.
4.
The requested Party may revoke any authorization issued if circumstances referred to in paragraph 3 of this Article subsequently arise or come to light which prohibit the execution of the transit operation, or if the onward journey in possible States of transit or the readmission is no longer possible. In this case, the requesting Party shall readmit the third State national or the stateless person without delay.
1.
A transit request must be submitted in writing to the competent authorities of the requested Party and must include the following information:
1. type of transit (by air, land or sea), the other possible transit States and the State of the intended final destination;
2. personal details of the person concerned (surname, given names, date of birth and, as appropriate, place of birth, nationality, type and number of the travel document);
3. proposed state border crossing, time of transfer and possible use of escorts;
4. declaration that, according to the requesting Party, the conditions defined in Article 10, paragraphs 1 and 2 of the present Agreement have been met, and that no reasons are known for a refusal on the basis of Article 10, paragraph 3 of the present Agreement.
2.
The competent authority of the requested Party shall immediately inform the competent authority of the requesting Party in writing of the authorisation for admission, with confirmation of the place where the state border will be crossed and the planned time of admission, or of the refusal of admission and the reasons.
3.
If the transit takes place by air, the necessary facilities shall be provided to the person who is in transit and any escorts with a view to accessing the national or international zone of the airport of the requested Party.
4.
The competent authorities of the requested Party shall lend their support to the transit, subject to mutual agreement, in particular by supervising the persons concerned and making suitable facilities available for this purpose.
Article 12. Costs [Treedt in werking op een nader te bepalen tijdstip]
All costs arising from readmission and transit under this Agreement up to the border of the State of final destination shall be paid by the requesting Party, without prejudice to the right of the competent authorities of the Parties to claim the costs arising from the readmission from the person to be readmitted or from third parties.
Article 13. Data protection [Treedt in werking op een nader te bepalen tijdstip]
Personal data shall be furnished only when it is necessary for the implementation of this Agreement by the competent authorities of the Parties. When communicating, processing or treating personal data in a particular case, the competent authorities of the Parties shall abide by their own relevant legislation. In addition, the following principles apply:
1. personal data must be processed fairly and lawfully;
2. personal data must be obtained for the specific, explicitly defined and justified objective of implementing this Agreement and may not be processed further by the communicating or receiving authority in any way that is incompatible with that objective;
3. personal data must be appropriate, relevant and not excessive, given the objectives for which they are collected and/or are subsequently processed; in particular, the personal data provided may not concern anything other than the following:
the personal details of the person to be transferred (surname, given name, any previous names, nicknames or pseudonyms, date and place of birth, sex, current and previous nationality);
an identity card or passport (serial number, period of validity, issue date, issuing authority, place of issue);
stopping places and travel routes;
other data, useful for the identification of the person to be transferred or for examining the readmission requirements on the basis of this Agreement;
4. personal data must be accurate and must be updated if necessary;
5. personal data must not be kept in a form which makes it possible to identify the persons concerned any longer than is necessary in order to achieve the objectives for which the data were collected or are subsequently processed;
6. the communicating and the receiving authorities shall take all appropriate measures to ensure, where necessary, the correction, deletion or masking of personal data when the processing is not in accordance with the provisions of this Article of the present Agreement, in particular because the data are inappropriate, irrelevant, inaccurate or excessive in relation to the objective of the processing. This includes notifying the other Party of each correction, deletion or masking;
7. on request, the receiving authority shall inform the communicating authority of the use that is being made of the data provided and of the results obtained;
8. personal data may be provided solely to the competent authorities. Passing them on to other authorities requires prior approval from the communicating authority;
9. the communicating and receiving authorities are obliged to keep written records of any provision or receipt of personal data.
Article 14. Compliance with other international obligations [Treedt in werking op een nader te bepalen tijdstip]
The present Agreement shall not prejudice to the rights, obligations and liabilities of the Parties under any other international treaties and agreements to which those parties are members.
Article 15. Implementing Protocol [Treedt in werking op een nader te bepalen tijdstip]
The Parties conclude an implementing protocol which covers all necessary practical provisions for the implementation of this Agreement, inter alia:
1. the designation of the competent authorities of the Parties;
2. the designation of state border crossings points;
3. the conditions under which and the manner in which persons to be readmitted or to travel in transit are escorted.
Article 16. Settlement of disputes [Treedt in werking op een nader te bepalen tijdstip]
Issues on the implementation of the present Agreement as well as disputes between the Parties concerning the interpretation or the application of the provisions of the present Agreement shall be solved in a mutual consent between the Parties through consultations.
Article 17. Amendments [Treedt in werking op een nader te bepalen tijdstip]
This Agreement may be amended and supplemented by mutual consent of the Parties. Amendments and supplements, which shall form an integral part of this Agreement, shall be drawn up in the form of separate protocols, and enter into force in accordance with the procedure laid down in Article 20 of this Agreement.
Article 18. Depositary for the States of the Benelux [Treedt in werking op een nader te bepalen tijdstip]
The Government of the Kingdom of Belgium shall be the depositary of this Agreement for the Benelux countries (hereafter referred to as “Depositary” for the Benelux countries).
The original of this Agreement will be filed with the Depositary, which shall send a certified and authenticated copy thereof to the Benelux Parties.
Article 19. Territorial application [Treedt in werking op een nader te bepalen tijdstip]
With regard to the Kingdom of the Netherlands, application of this Agreement can be extended to parts of the Kingdom which are situated outside Europe through a notification via diplomatic channels to the Depositary, which shall inform the other Parties thereof.
1.
This Agreement shall enter into force on the first day of the second month following the date of receipt by the Depositary through diplomatic channels of the notifications of two Parties, one of which is the Republic of Kazakhstan, to the effect that the internal formalities required for entry into force have been observed.
2.
With regard to any other Parties, this Agreement shall enter into force on the first day of the second month following the date of receipt by the Depositary through diplomatic channels of the notification to the effect that the internal formalities required for entry into force have been observed.
3.
The Depositary shall inform each of the Parties through diplomatic channels of the notifications mentioned in paragraph 1 and 2 and of the dates of the entry into force of this Agreement vis-à-vis the Parties.
4.
The provisions of the Article 3, paragraph 1 subparagraph 3) and 4) of the present Agreement shall apply upon expiry of 3 (three) years from the date set in the paragraph 1 of this Article. During that 3-years period, the provisions of the article 3, paragraph 1 subparagraph 3) and 4) shall apply exclusively to stateless persons and to nationals of those third States with whom the Parties have valid bilateral agreements or arrangements on readmission.
1.
This Agreement is concluded for an indefinite period.
2.
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly can suspend this Agreement, after notification through diplomatic channels by the Depositary to the Government of the Republic of Kazakhstan, for serious reasons, in particular relating to the protection of state security, the public order, or public health. With regard to the withdrawal of such a measure, the Depositary shall immediately inform the Government of the Republic of Kazakhstan through diplomatic channels.
3.
The Republic of Kazakhstan can suspend this Agreement, after notification through diplomatic channels to the Depositary, which shall inform the other Benelux Parties thereof, for serious reasons, in particular relating to the protection of state security, the public order, or public health. With regard to the withdrawal of such a measure, the Government of the Republic of Kazakhstan through diplomatic channels shall immediately inform the Depositary.
4.
This Agreement shall be suspended on the first day of the first month following the month in which the notification mentioned in paragraph 2 or paragraph 3 of this Article is received.
5.
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands jointly can, for serious reasons, terminate this Agreement, after notification through diplomatic channels by the Depositary to the Government of the Republic of Kazakhstan.
6.
The Republic of Kazakhstan can, for serious reasons, terminate this Agreement, after notification through diplomatic channels to the Depositary, which shall inform the other Benelux Parties thereof.
7.
This Agreement shall be terminated on the first day of the second month following the month in which the notification mentioned in paragraph 5 or paragraph 6 of this Article is received.
IN WITNESS WHEREOF the representatives of the Parties, duly authorised for this purpose, have signed this Agreement.
DONE at Brussels on the 2 nd day of March 2015, in two originals in the English, French, Dutch and Kazakh languages, the texts in each of the languages being equally authentic. In the event of differences in interpretation, the English text shall prevail.
Inhoudsopgave
Agreement between the States of the Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Kazakhstan on readmission
Article 1. Definitions and scope
Article 2. Readmission of own nationals
Article 3. Readmission of third State nationals and stateless persons
Article 4. Readmission request
Article 5. Proof of nationality with regard to own nationals
Article 6. Proof with regard to third State nationals or stateless persons
Article 7. Time limits
Article 8. Transfer modalities and form of transport
Article 9. Readmission in error
Article 10. Transit principles
Article 11. Transit procedure
Article 12. Costs
Article 13. Data protection
Article 14. Compliance with other international obligations
Article 15. Implementing Protocol
Article 16. Settlement of disputes
Article 17. Amendments
Article 18. Depositary for the States of the Benelux
Article 19. Territorial application
Article 20. Entry into force
Article 21. Suspension, termination
Juridisch advies nodig?
Heeft u een juridisch probleem of een zaak die u wilt voorleggen aan een gespecialiseerde jurist of advocaat ?
Neemt u dan gerust contact met ons op en laat uw zaak vrijblijvend beoordelen.

Stel uw vraag
Geschiedenis

Geschiedenis-overzicht