PROTOCOL
between the Government of the Republic of Latvia and
the Government of the Republic of Macedonia on the implementation of the Agreement between
the former Yugoslav Republic of Macedonia and the European Community on the readmission of persons residing without authorisation

The Parties to the Protocol,
The Government of the Republic of Latvia, hereinafter referred to as "the Republic of Latvia"
and   the   Government   of   the Republic of Macedonia,   hereinafter   referred   to   as “the Republic of Macedonia”, hereinafter jointly referred to as "the Parties",
desiring to facilitate the implementation of the Agreement between the former Yugoslav Republic of Macedonia and the European Community on the readmission of persons residing without authorisation done at Brussells on the day of 18th of September 2007 enforced on the day of 1st of January 2008, hereinafter referred to as the Agreement on readmission,
in accordance with the provisions of Article 19 of the Agreement on readmission 
HAVE AGREED AS FOLLOWS:

Article 1
Designation of Competent Authorities

The Parties have designated the following competent authorities for implementation of the Agreement on readmission:

     1)    Reception, submission and processing of readmission and transit applications:
           - For the Republic of Latvia:

Operational Management Board of the Central Board of the State Border Guard
Address: Rūdolfa str. 5
               Rīga, LV-1012
Tel:	     (+371) 67075641, (+371) 67075630 or 
               (+371) 67075686
Fax:	     (+371) 67075641
e-mail:  Return.Latvia@rs.gov.lv

     - For the Republic of Macedonia: 
 
Ministry of Interior
Sector for Border Affairs and Migrations
Section for Foreigners and Readmission
Address: "Dimce Mircev" bb 
                1000 Skopje
                The Republic of Macedonia
               Tel: ++389 02 314 3038 
                Fax: ++389 02 322 3803; 
                ++389 02 314 2434

2) In accordance with Article 8 (3) of the Agreement on readmission, the competent diplomatic or consular representations that arrange the interview so as to establish the nationality of the person to be readmitted shall be:

- For the Republic of Latvia:

The Embassy of the Republic of Latvia in Stockholm
Odengatan 5, 
Box 191 67, 
104 32 Stockholm
Tel: + 46 8 700 63 00
Fax: + 46 8 14 01 51
e-mail: embassy.sweden@mfa.gov.lv

- For the Republic of Macedonia: 

The Embassy of the Republic of Macedonia in Warsaw
„Krolowej Marysienki” 40
02-954 Warsaw
Tel: ++48 22 651 72 91
Fax: ++48 22 651 72 92
e-mail: Warsaw@mfa.gov.mk
   
Article 2
Border Crossing Points

The readmission or transit may be carried out on the following border crossing points:

-	For the Republic of Latvia:

    Riga International Airport
    Tel: (+371) 67207308/208
    Fax: (+371) 67207308

-	For the Republic of Macedonia:

The Police Station for Border Control Airport "Aleksandar Veliki" - Skopje 
         Tel: ++ 389 2 3222850
         Fax: ++  389 2 3143331  

   Article 3
Language of Communication

The Parties shall use the English language within the procedures conducted in accordance with the Agreement on readmission and this Protocol.

Article 4
Other documents

If the Requesting State considers that other documents not listed in Annexes 1 to 5 to the Agreement on readmission may be essential for establishing the nationality of the person to be readmitted, such documents may be submitted to the Requested State together with the readmission application.

 Article 5
Readmission Applications

1.	The readmission application shall be submitted by the competent authority of the Requesting State to the competent authority of the Requested State using post or technical means of transmitting text.
2.	The date of receiving the readmission application is its registration date at the competent authority of the Requested State.
3.	The reply to the readmission application shall be submitted to the competent authority of the Requesting State by the competent authority of the Requested State  using post or technical means of transmitting text.
      4.  In the event of a negative reply, the competent authority of the Requested State must provide reasons for its refusal of readmission and provide additional available information on the person in question, which is held by the authorities of the Requested State.

Article 6
Transit Applications

1.	Transit application shall be sent by the competent authority of the Requesting State to the competent authority of the Requested State using technical means of transmitting text at least seven (7) working days prior to the planned transit.
2.	The date of receiving the transit application is its registration date at the competent authority of the Requested State.
3.	The reply to the transit application shall be provided to the competent authority of the Requesting State by the competent authority of the Requested State within the five (5) working days from the date of the receipt of the transit application using technical means of transmitting text.                                             

Article 7
Interview

1. If the competent authority of the Requesting State is unable to present any of the documents specified in Annexes 1 and 2 of the Agreement on readmission, upon its request, the officials of the diplomatic and consular representations of the Requested State shall make an interview with the person to be readmitted with a view to establishing his/her citizenship. The request for interview may be submitted to the competent diplomatic and consular representation of the Requested State by using technical means of transmitting text or electronic communication means.
2. Interview shall take place within a maximum of three (3) working days from the day of receipt of the request.
3. The competent official of the diplomatic and consular representation (hereinafter – interviewer) interviews the person to be readmitted in presence of the representatives of the competent authority of the Requesting State. The interviewed person signs the protocol of interview drafted by the interviewer. 
4. The interviewer shall inform the competent authority of the Requesting State on the results of the interview within the maximum of three (3) working days from the date when the interview was carried out.
5. In case the relevant diplomatic and consular representation of the Requested State present information deriving from the interview and on the basis of which the nationality of the person concerned can be reasonably assumed, the competent authority of the Requesting State shall submit request for readmission to the competent authority of the Requested State and attaches the reply on the results of the interview.

Article 8
Transfer of person to be readmitted

      1. Based on the positive reply the competent authority of the Requesting State shall, at the latest three (3) working days before the planned return, notify by using the technical means of transmitting text the competent authority of the Requested State of the date, place and manner of readmission, as well as possible escort, number and date of issuance of the travel document and other details regarding the transfer.
      2. If the term of transfer is extended due to any legal or practical obstacles, the competent authority of the Requesting State shall immediately notify the competent authority of the Requested State of the elimination of such obstacles and shall indicate the envisaged time and location of transfer.
      3. The persons shall be readmitted at the border crossing point for international traffic, specified in Article 2 of this Protocol.

Article 9
Conditions concerning escorted transfer 

Pursuant to Article 19 (1) lit.c) of the Agreement on readmission, the Parties agree to the following conditions relating to escorted transfers or transit on their territories:

-	In case of escorted transferts or transit on the territories of the Parties the competent authority of the Requesting State notifies the name, surname, position, number and date of issuance of travel document of escorts;
-	The escort shall be responsible for escorting the person to be readmitted and transferring him or her to a representative of the competent authority of the country of destination;
-	The escort shall perform his or her duties unarmed and in civilian clothing. The leader of the escort should carry documents proving that readmission or transit has been approved; 
-	The Requested State shall ensure an adequate protection and assistance to the escort during the performance of his or her duties in order to carry out the official authorizations in performing such duties;
-	The escort shall in all cases be subject to the legislation of the Requested State. The powers of the escort during escorting the person to be readmitted or during transit shall be limited to necessary defense. In case of unavailability of officials of the Requested State authorised 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 injuring any other third persons, or causing damage to property;
-	The escort shall be responsible for carrying the travel document and other required certificates or 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 or transfer before the transfer of the person to be readmitted is completed;
-	The competent authorities of the Requesting State shall guarantee that the escort possesses the entry visas to the state(s) of transit and destination if required.

Article 10
Assistance for Transit

If the Requesting State considers it necessary to seek assistance from the competent authorities of the Requested State for a specific transit operation this is to be indicated in the form of the transit application (Annex 7 of the Agreement on readmission). In its reply the competent authorities of the Requested State are required to inform whether it is possible to provide such an assistance.

                                               Article 11
                                                   Costs

Transportation costs relating to readmission and transit shall be borne in euro by the Requesting State pursuant to Article 15 of the Agreement on readmission within thirty (30) days upon submission of the evidence of costs.

         Article 12
         Notification

The competent authorities of the Parties shall notify each other of any changes concerning the contact details of the competent authorities as well as the border crossing points. The changes shall enter into force as of the receipt of the notification.

                                                            Article 13
   Settlement of disputes

         1. Any disputes which may emerge in connection with the interpretations and/or application of this Protocol shall be settled by means of consultations between the competent authorities of the  Parties.
2. In case when disputes can not be settled in accordance with paragraph 1 of the present article, those will be settled by Parties through diplomatic channels.

 Article 14
Entry into Force, Termination and Amendments

         1. This Protocol is concluded for an indefinite period of time.
         2. This Protocol shall enter into force after the Joint Readmission Committee has been notified of its signing in accordance with Article 19 (2) of the Agreement on readmission.
         3. This Protocol shall cease to be in force on the date as the Agreement on readmission. 
         4. Subject to mutual consent, the Parties may denounce this Protocol in writing through diplomatic channels. In such case the denouncement shall enter into force after six months from the date of receipt of the notification. The Parties shall inform the Joint Readmission Committee on such denouncement.
         5. Upon the mutual consent, the Parties may amend this Protocol by amendments which are a part of this Protocol and shall enter into force in accordance with paragraph 2 of this Article.

Done on this day of,	in the year 201___in 2 (two) copies in Latvian, Macedonian and English, each of these texts being equally authentic. In case of divergence in interpretation, the English text shall prevail.

For the Government of
the Republic of Latvia

For the Government of the Republic of Macedonia

Iekšlietu ministrs		                                                R.Kozlovskis

Valsts sekretāre                                                I.Pētersone-Godmane

27.10.2011. 08:26
1935
E.Mikute
67219003, ella.mikute@iem.gov.lv