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Norsk

Bilateral agreements

Document-ID : 1997-01-14
Entry info force : 11.05.1997
Documentdate : 14.01.1997

Agreement between the Government of the Kingdom of Norway and the Government of the Republic of Estonia on Readmission of Persons

   The Government of the Kingdom of Norway and the Government of the Republic of Estonia, hereinafter referred to as the Parties,

       desirous of facilitating the readmission of persons staying without authorization on the territory of the other Party, and the transit of such persons,

       in a spirit of cooperation and on the basis of reciprocity,

       recalling the Convention of 4 November 1950 for the protection of Human Rights and fundamental Freedoms,

       recalling the principles that are enacted in Convention relating to the Status of refugees of 28 July 1951, as amended by the Protocol of 31 January 1967 and in other applicable international instruments on the legal status of aliens,

       have agreed as follows:

Article 1
Definitions

       For the purposes of this Agreement the following definitions shall apply:

1.

An "alien" means a person who is neither an Estonian nor a Norwegian national,

 

2.

An "entry permit" is a visa, residence/work permit or other kind of document under which an alien is authorized to enter the territory of a Party,

 

3.

A "requested Party" is a Party having to readmit any person staying without authorisation in the territory of the other Party or to allow him/her to re-enter in its territory at the request of the other Party.

 

4.

A "requesting Party" is a Party requesting the other Party to readmit the person residing in its territory illegally or to allow him/her to re-enter or pass through its territory at the request of the other Party.

 

Article 2
Readmission of nationals

       Provided that the nationality of a person is proved or validly assumed, each Party shall readmit without any additional formality its national who has entered or who is residing in the territory of the other Party without authorization.

Article 3
Readmission of an alien who has been refused entry

1.

Each Party shall, without any additional formality, readmit an alien who, upon arrival has been refused entry into the territory of the other Party when it is proved, or can be validly assumed, that the alien has arrived directly from the territory of the requested Party. The return of the alien shall be effected without delay by the earliest available transportation facility.

 

2.

Each Party shall also, upon application, readmit an alien who has entered illicitly the territory of the other Party when it is proved, or can be validly assumed, that the alien has arrived directly from the territory of the requested Party.

 

Article 4
Readmission of an alien by the Party responsible for the entry  

1.

If any alien arriving in the territory of the requesting Party does not fulfil the conditions in force for entry or residence/work permit and if that alien is in possession of a valid entry permit issued by the requested Party, that Party shall readmit the alien upon application by the requesting Party. If both Parties have issued an entry permit, the responsibility shall lie with the Party the entry permit of which expires last.

 

2.

Each Party shall readmit, at the request of the other Party, a stateless alien arriving in the territory of the other Party with a travel document, which authorises a stateless alien to return to the Party having issued the said travel document. The same shall apply to a stateless alien who, immediately before arriving in the territory of the requesting party, has been legally residing on the territory of the requested Party.

 

Article 5
Time limits  

1.

A requested Party shall respond to a readmission request without delay, and in any case within a maximum of fifteen days.

 

2.

The requested Party shall take charge of a person whose readmission has been agreed to without delay and in any case within a maximum of one month. Upon application by the requesting Party this time limit may be extended, should any legal or practical problem occur.

 

Article 6
Time limits for the expiry of the readmission obligation

       A request for readmission shall be submitted to the requested Party within a period of one year after the requesting Party has established an unauthorized entry or presence by an alien on its territory.

Article 7
Transit

       A party shall allow an alien to pass through its territory in connection with the enforcement of an order of refusal of entry or expulsion issued by a competent authority of the other Party provided that onward travel to the State of destination is assured.

Article 8
Data protection

       Insofar as personal data have to be communicated in order to implement this Agreement, such information may concern only the following:

a)

particulars of the person to be transferred and, when necessary, of his family members, such as surname, given name, any previous name, nickname or pseudonym, alias, date and place of birth, sex, current and any previous nationality;

 

b)

passport, travel document, laissez-passer or any other identity document;

 

c)

other details needed to identify the person to be transferred;

 

d)

itineraries, and

 

e)

entry permits issued by one of the Parties or third state, their descriptions.

 

Article 9
Costs

1.

The costs of transporting a person, referred to in Article 2,3, and 4 shall be borne by the requesting Party as far as to the border of the requested Party, unless the costs shall be borne by a transporting company.

 

2.

The costs of transit, in accordance with article 7 as far as to the border of the state of destination and, when necessary, of return transport, shall be borne by the requesting Party.

 

Article 10
Implementation

1.

The Parties shall notify each other, through the diplomatic channels, about the authorities and contact persons who are responsible for the implementation of this Agreement. The Parties shall also notify each other about changes relating to such authorities or contact persons.

 

2.

The competent authorities shall meet when necessary and decide on the practical arrangements for the implementation of this Agreement.

 

Article 11
Relation to other international agreements

       Nothing in this Agreement shall affect the rights and obligations of the Parties arising from provisions in other international agreements to which they are party.

Article 12
Final clauses

1.

This Agreement shall enter into force thirty days after the date of the last note, notifying the other Party that their internal requirements for the entry into force of the Agreement have been fulfilled.

 

2.

Each Party may temporarily suspend the implementation, in whole or in part, with exception of Article 2, of this Agreement for reasons of state security, public order, or public health through written communication to the other Party. The suspension may enter into force immediately.

 

3.

This agreement may be denounced by each Party by notification in writing, the denunciation taking effect one month after the date of the notification.

      

Done at Tallin on 14 January 1997 in three originals, in Norwegian, Estonian and English, all texts being equally authentic. In case of 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