BWBV0007117
Artikel 7
Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Kirgizische Republiek betreffende de terug- en overname van onregelmatig binnengekomen en/ of verblijvende personen (terug- en overnameovereenkomst)
1. The readmission application for 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 on the territory of the Requesting Party.
2. The readmission application for a third-State national or a stateless person shall be submitted by the competent authority of the Requesting Party within a maximum of one (1) year after the Requesting Party has gained knowledge that this person does not fulfil, or no longer fulfils, the conditions for entry into or residence on the territory of the Requesting Party. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall be extended upon request, but only until the obstacles have ceased to exist.
3. A readmission application shall be replied to immediately, and in any event no later than within thirty (30) days, and every refusal shall be substantiated. This time limit begins to run from the date of receipt of the readmission application. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
4. After agreement to the readmission, or after expiry of the time limit, the Requesting Party shall transfer the person whose readmission has been agreed to immediately, and in any case no later than within six (6) months. Upon request, this time limit may be extended by the time taken to deal with legal or practical obstacles. The Requested Party shall readmit the person whose readmission has been agreed to without further formalities.
5. At the request of the Requesting Party, the Requested Party shall provide immediately, and in any case no later than within five (5) working days, the travel document required for the return of the person to be readmitted, bearing his name and with a period of validity of at least one (1) month. If the Requested Party cannot provide the requested travel document within five (5) working days after the date of agreement to the readmission, the Requested Party shall be deemed to accept the use of a travel document provided by the Requesting Party. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Requested Party shall, within two (2) working days, issue a new travel document or extend the initial one with a period of validity of the same duration.
2. The readmission application for a third-State national or a stateless person shall be submitted by the competent authority of the Requesting Party within a maximum of one (1) year after the Requesting Party has gained knowledge that this person does not fulfil, or no longer fulfils, the conditions for entry into or residence on the territory of the Requesting Party. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall be extended upon request, but only until the obstacles have ceased to exist.
3. A readmission application shall be replied to immediately, and in any event no later than within thirty (30) days, and every refusal shall be substantiated. This time limit begins to run from the date of receipt of the readmission application. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
4. After agreement to the readmission, or after expiry of the time limit, the Requesting Party shall transfer the person whose readmission has been agreed to immediately, and in any case no later than within six (6) months. Upon request, this time limit may be extended by the time taken to deal with legal or practical obstacles. The Requested Party shall readmit the person whose readmission has been agreed to without further formalities.
5. At the request of the Requesting Party, the Requested Party shall provide immediately, and in any case no later than within five (5) working days, the travel document required for the return of the person to be readmitted, bearing his name and with a period of validity of at least one (1) month. If the Requested Party cannot provide the requested travel document within five (5) working days after the date of agreement to the readmission, the Requested Party shall be deemed to accept the use of a travel document provided by the Requesting Party. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Requested Party shall, within two (2) working days, issue a new travel document or extend the initial one with a period of validity of the same duration.
- Citeren als
- Art. 7
- Status
- Geldend recht
- Identificatie
- BWBV0007117
- Officiële bron
- wetten.overheid.nl