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Norsk

Bilateral agreements

Document-ID : 1998-12-16
Entry info force : 26.09.1999
Documentdate : 16.12.1998

Agreement between the Government of the Kingdom of Norway and the Government of the Republic of Bulgaria on readmissions of persons

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

       Desirous of facilitating the readmission of persons who do not or no longer fulfil the requirements for entry into or stay on the territory of the other Party, and the transit of such persons,

       In a spirit of co-operation and on the basis of reciprocity,

       Reaffirming their obligations according to the Convention of 4 November 1950 for the protection of Human Rights and Fundamental Freedoms, the principles that are enacted in the 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 third country nationals,

       Have agreed as follows:

Article 1
Definitions

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

1.        

A «third-country national» means a person who is neither a Norwegian nor a Bulgarian national.  

2. 

An « entry permit » is a visa, residence permit or other kind of document under which a third-country national is authorised to enter the territory of a Party.  

3. 

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

4. 

A «requesting Party» is a Party requesting the other Party to readmit the person upon entry or when staying on its territory illegally or to allow him/her to pass through its territory in connection with the enforcement of an order for expulsion or rejection of entry or stay.  



Article 2
Readmission of own nationals

1.        

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

2. 

The requested Party shall, if necessary and without delay, issue to the person to be readmitted travel documents required for his/her repatriation. 

3. 

If subsequent investigations prove that the readmitted person was a third-country national when he departed from the territory of the requesting Party and provided that Article 3 or 4 of this Agreement does not apply, the requesting Party shall readmit this person without delay.  



Article 3
Readmission of a third-country national who has been refused entry

       Each Party shall, without any additional formality, readmit a third-country national 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 third-country national has arrived directly from the territory of the requested Party. The return of the third-country national shall be effected without delay by the earliest available transportation facility.

Article 4
Readmission of a third-country national by the Party responsible for the entry

1.        

Each Party shall also, upon request, readmit a third-country national who has entered illegally the territory of the other Party when it is proved, or can be validly assumed, that the third-country national has arrived directly from the territory of the requested Party. 

2. 

If a third-country national arriving in the territory of the requesting Party does not fulfil the conditions for entry or residence and if the said national is in possession of a valid entry permit issued by the requested Party, that Party shall readmit the third-country national upon request by the requesting Party. If both Parties have issued an entry permit, the responsibility shall lie with the Party whose entry permit expires last.  

3. 

Each Party shall, at the request of the other Party, readmit a stateless person who is entering or has entered the territory of the other Party with a travel document which authorises him/her to return to the Party that issued the said document. The same shall apply to a stateless person who, immediately before entering the territory of the requesting Party, has been legally staying on the territory of the requested Party.  



Article 5
Readmission procedures and time limits

1.        

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

2. 

Both Parties undertake to carry out the readmission procedure for the person whose readmission has been agreed to without delay and in any case within a maximum of one month from the approval. Upon request by the requesting Party this time limit may be extended should any legal or practical problem arise.  



Article 6
Time limits for the expiry of the readmission obligation

       A request for readmission under Article 4 shall be submitted to the competent authority of the requested Party without delay and in any case not later than one year after the competent authority of the requesting Party has established the unauthorised entry or presence of the third-country national on its territory.

Article 7
Transit

1.        

Each Party shall upon request permit transit through its territory in connection with the enforcement of an order for expulsion or rejection of entry or stay issued by a competent authority of the other Party provided that admission to the State of destination is assured. The requested Party may require that a representative of the competent authority of the requesting Party is present as an escort during the transit through its territory.  

2. 

The requested Party shall, when necessary, issue free of charge a transit visa to the escorted person and/or to the escorts in accordance with its national legislation. 



Article 8
Refusing transit

       Under this Agreement, the requested Party may refuse transit in cases of expulsion or rejection of entry or stay of a third-country national who represents a threat to its national security, public order or public health.

Article 9
Data protection

       Insofar as within the request under Articles 2, 4 and 7, personal data must be communicated in order to implement this Agreement, such information may only concern the following:

a.        

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

b. 

passport, travel document, laissez-passer or any other identity document (number, date of issue, issuing authority, place of issue, period of validity, territory of validity);  

c. 

other details needed to identify the person to be transferred;  

d. 

itinerary;  

e. 

entry permits issued by one of the Parties or a third State, their descriptions, stopping places, travel tickets, border check-points and other possible travel arrangements; and 

f. 

necessity of medical supervision and particulars of the officers escorting the person if escort is to be provided by the competent authorities of the requesting Party. 



Article 10
Costs

1.        

The costs of transporting such persons as referred to in Articles 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 transport company.  

2. 

The costs connected with 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 11
Implementation

1.        

Before this Agreement enters into force the Parties shall notify each other, through diplomatic channels, about the authorities responsible for the implementation of this Agreement, of their addresses and other information facilitating communication. The Parties shall also notify each other about changes relating to such authorities.  

2. 

The competent authorities shall meet when necessary and decide on practical arrangements for the implementation of this Agreement, regarding, for example: 

  • the particulars, supporting documents and evidence required for the transfer and the measures to carry out the transit; 
  • the determination of border-crossing points and arrival times in order to carry out the readmission; 
  • the conditions for the transport in transit of third-country nationals under escort of the competent authority; 
  • evidence or grounds on the basis of which it is possible to prove or validly assume that the third-country national has arrived directly from the territory of one Party to the territory of the other, etc.  


Article 12
Relationship to other international agreements

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

Article 13
Final provisions

1.        

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

2. 

Each Party may temporarily suspend the implementation of this Agreement, in whole or in part, with the exception of Article 2 for reasons of protection of state security, public order or public health by notifying the other Party through diplomatic channels. The suspension may enter into force immediately or from a later date indicated in the notification. The Parties shall notify each other through diplomatic channels of the restoration of the implementation of this Agreement.  

3. 

This Agreement shall remain in force indefinitely. Each Party may denounce this Agreement by notifying the other Party in writing through diplomatic channels. The denunciation shall take effect thirty days after the date on which the notification thereof was received by the other Party.  



       Done at Oslo on 16 December 1998 in two originals, in Norwegian, Bulgarian and English, all texts being equally authentic. In case of any disagreement as to 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