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Norsk

Bilateral agreements

Document-ID : 2002-07-17
Entry info force : 24.07.2003
Documentdate : 17.07.2002

Agreement between the Government of the Kingdom of Norway and the Government of Romania regarding readmission of own citizens and aliens

       The Government of the Kingdom of Norway and the Government of Romania hereinafter referred to as the « Contracting Parties »,

       Desiring to further develop the cooperation between their respective States with a view to ensuring better implementation of the dispositions on the movement of persons,

       Being aware of the need to combat illegal migration and with a view to facilitating, on the basis of reciprocity, the readmission of persons illegally entering or residing on the territory of the State of either Contracting Party,

       In accordance with the international treaties and conventions by which their States are bound,

       Have agreed as follows:

Article 1
Definitions

       For the purpose of this Agreement, the terms listed below shall have the following meanings:

a)        

«Alien» means a person who does not have citizenship of the State of either Contracting Party; 

b) 

«Visa» means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling a person to entry and stay on the territory of its State, without interruption, for a determined period of time according to the applicable legislation of that State;

c) 

«Residence permit» means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling the person bearing it to repeatedly enter and reside on the territory of that State. The residence permit does not represent a visa and cannot be assimilated with a temporary residence permit granted to a person to allow his/ her staying on the territory of the State of a Contracting Party in relation with the examination of an asylum application or pending an expulsion procedure. 



Article 2
Readmission of citizens of the States of the Contracting Parties

1.        

Each Contracting Party shall readmit, upon request by the other Contracting Party and without further formalities, any person who does not meet or who no longer meets the legal requirements for his/ her staying on the territory of the State of the Requesting Contracting Party, provided that it is proved or may be validly assumed that such person has the citizenship of the State of the Requested Contracting Party.  

2. 

The same shall apply to a person who has lost the citizenship of the State of the Requested Contracting Party since entering the territory of the State of the Requesting Contracting Party, without that person having been guaranteed the granting of citizenship by the competent authorities of the State of the Requesting Contracting Party. 

3. 

A requesting Contracting Party shall readmit such persons again under the same conditions if subsequent checks reveal that they did not fulfil the conditions in paragraph 1 or 2.  

4.  Upon application by the Requesting Contracting Party, the Requested Contracting Party shall, without delay, issue to the person subject to readmission under the provisions of paragraph 1 the travel documents required for his/ her return.  


Article 3
Proving or assuming citizenship

1.      

The following documents are considered proof of citizenship, provided they can definitely be ascribed to a particular person:  

 

a) citizenship certificates;

 

b) passports of any kind (national passports, collective passports, diplomatic passports, service passports and surrogate passports);

 

c) identity cards, including temporary and provisional ones;

 

d) official documents indicating the citizenship of the person concerned;

 

e) seamen's registration books and skippers' service cards;

 

f) unequivocal information provided by the competent authorities of either Contracting Parties.

2.

Prima facie evidence regarding citizenship can, in particular, be furnished by the following:  

 

a) photocopies of any of the documents listed in paragraph 1;

 

b) driving licences;

 

c) company identity cards, service books and military identity cards;

 

d) birth certificates;

 

e) photocopies of the mentioned documents;

 

f) written statements made by witnesses;

 

g) written statement made by the person concerned;

 

h) language spoken by the person concerned only if used in conjunction with any of the items listed in paragraphs a)-f) and i);

 

i) any other documents which may help to establish the citizenship of the person concerned.

3.

Where prima facie evidence of citizenship is provided, the Contracting Parties shall mutually deem the citizenship to be established unless the Requested Contracting Party has disproved it. 

4.

The documents listed in paragraphs 1 and 2 of this Article shall suffice as prima facie evidence of citizenship even if their period of validity has lapsed.  

5. If the evidence or prima facie evidence referred to under paragraph 1 or 2 are not sufficient to prove or validly assume citizenship, the competent Diplomatic Mission or Consular Office of the Requested Contracting Party shall, without delay, interview the person concerned in order to determine his/ her citizenship.  


Article 4
Readmission of aliens

1.      

Upon request by a Contracting Party, the other Contracting Party shall, without further formalities, readmit an alien who has arrived on the territory of the State of the Requesting Contracting Party directly from the territory of the State of the Requested Contracting Party and who does not fulfil the conditions in force for entry or residence.  

2.

Upon request by a Contracting Party, the other Contracting Party shall, without further formalities, readmit an alien illegally residing on the territory of the State of the Requesting Contracting Party and who holds a valid residence permit, a valid visa or other valid document issued by the competent authorities of the State of the Requested Contracting Party, entitling the respective person to entry and reside on the territory of that State. 



Article 5
Exemptions from the obligation to readmit aliens

1.      

The readmission obligation provided under Article 4 shall not exist in the case of aliens who upon departing from the territory of the State of the Requested Contracting Party or upon entering the territory of the State of the Requesting Contracting Party have received a valid visa or a residence permit from the authorities of the Requesting Contracting Party.  

2. Should both Contracting Parties have issued an alien subject to a request for readmission an entry visa or a residence permit, the Contracting Party whose entry visa or residence permit validity expires the latest, shall readmit that alien.  


Article 6
Transit

1.      

A Contracting Party shall allow an alien to pass through the territory of its State in transit in case of returning upon request of the other Contracting Party. The Requesting Contracting Party may ask the Requested Contracting Party to secure the escort during the transit on the territory of its State. 

2.

The Requested Contracting Party shall grant free of charge transit visa to the escorted person and their escorts. 

3.

If the alien subject to a readmission procedure is not allowed to enter the territory of a third state, or if, irrespective of the reason, the continuation of the journey is no longer possible, the Requesting Contracting Party shall assume full responsibility for taking over such alien and returning him/ her, without delay, to the territory of its State.  

4. If there are obvious indications that the person subject to a transit request may represent a threat for the public order, national security or public health, as well as if the guarantees provided under this Article are not deemed satisfactory, the Requested Contracting Party reserves its right to refuse such request.  


Article 7
Time limits

1.      

A Contracting Party shall, without delay, provide a written reply to the readmission request submitted to it and, in any case, no later than twenty days from the date such request has been received. The readmission request can be forwarded to the competent authorities of the Requested Contracting Party by mail, by direct handing over or by any means of communication, including by depositing it to the competent Diplomatic Mission or Consular Office of the Requested Contracting Party. Any rejection of such request shall be grounded.  

2. The Requested Contracting Party shall take over the person subject to the readmission procedure immediately after the communication of the approval of the readmission request and, in any case, no later than three months after the date of approval. Upon notification by the Requested Contracting Party, this time limit may be extended with the time taken to clarify any legal or practical impediments than can occur.  


Article 8
Lapse of obligation to readmit

1.       A request for readmission under Article 4 shall be submitted to the Requested Contracting Party within a period of one year after the Requesting Contracting Party has established the unauthorised entry or presence by the alien on its territory failing which, such request will no longer be admissible.  


Article 9
Exchange and protection of information

1.      

For the implementation of this Agreement, the information on individual cases provided to the other Contracting Party shall only refer to:  

 

a) the particulars of the person to be readmitted or admitted in transit, and when necessary, of the members of the person's family, such as surname, given name, any previous name, nickname or pseudonym, aliases, parents' surnames and forenames, date and place of birth, sex, current and any previous citizenship, nationality, latest address and previous address(es) in the territory of the State of the Requested Contracting Party;

 

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

 

c) other details needed to identify the person to be readmitted or admitted in transit;

 

d) evidence from which possession of citizenship may be established or validly assumed;

 

e) residence permit and/ or visa issued by the authorities of the State of the Contracting Parties or of third States ;

 

f) itineraries, places, tickets or other travel arrangements and residence permits or visas issued by one of the Contracting Parties or a third State and their descriptions, if available ;

 

g) any other information at the request of one of the Contracting Parties which is required for the purpose of examining the readmission request pursuant to this Agreement.

2.

The information provided under paragraph 1, as well as any other data transmitted under the present Agreement, shall be transmitted in compliance with the provisions of the legislation applicable in the State of the Contracting Party sending them and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Strasbourg, 28 January 1981.  

3.

Each Contracting Party undertakes to:  

 

a) use any information received under this Agreement solely for the purpose it has been requested;

 

b) keep confidential the information sent to the Requested Contracting Party and not transmit such information to a third party unless such transmission is authorized by the Requesting Contracting Party;

 

c) protect this information against any accidental loss, unauthorised access, alteration or disclosure;

 

d) destroy this information in compliance with any conditions as set forth by the Requesting Contracting Party and, if there are no such conditions laid down, as soon as the information is no longer required for the purpose it has been delivered for.



Article 10
Expenses

1.      

The Requesting Contracting Party shall bear all the expenses for the transportation of persons to be readmitted under this Agreement, including their escorts, as far as to the border of the State of the Requested Contracting Party, unless the costs shall be borne by a transporting company.  

2.

The same Contracting Party shall also bear all transportation expenses deriving from the fulfilment of the obligation to readmit according to Article 2, paragraph 2.  

3. The Requesting Contracting Party shall bear all the expenses for the transportation of persons to be admitted in transit under this Agreement, including their escorts, as far as to the state of destination, and if, irrespective of the reason, the continuation of the travel is no longer possible, it shall also bear the expenses for the return of these persons to its State, unless the costs shall be borne by a transportation company.  


Article 11
Transportation of legally acquired belongings

1.      

The Requesting Contracting Party shall allow the person subject to a readmission procedure to transport to the State of his/ her destination, all his/ her belongings, legally acquired according to the applicable legislation of the Requesting Contracting Party.  

2. The Requesting Contracting Party shall have no obligation whatsoever to cover the costs for the transportation of such belongings.


Article 12
Provisions on implementation

1.      

Within thirty days after the entry into force of this Agreement, the Contracting Parties shall inform each other, through diplomatic channels, on the competent authorities designated to implement it, as well as on their addresses or other information necessary to facilitate communication. The Contracting Parties shall also inform each other about the changes occurred in relation with these authorities.  

2.

The representatives of the competent authorities shall meet whenever necessary to analyse the modalities of applying this Agreement and shall agree upon the practical arrangements for its implementation.  

3.

The competent authorities shall also agree upon other arrangements as may be required by the implementation of this Agreement, such as: 

 
  • details, documents substantiating evidence and measures necessary to carry out transfer and transit procedures;
  • determining the border- crossing points and establishing dates for readmission; 
  • conditions of transportation in transit for a national of a third state under escort by the competent authorities; 
  • pieces of evidence or prima facie evidence on the basis of which it may be proven or assumed that the alien has entered the territory of the State of the Contracting Party directly from the territory of the State of the other Contracting Party; 
  • format and content of the readmission request, format of the individual fiche with personal data, records of persons subject to readmission procedures, working language etc.   


Article 13
Relationship with other international agreements

1.      

Nothing in this Agreement shall prejudice the rights and obligations of the Contracting Parties arising from other international agreements legally binding for their States.  

2. This Agreement shall not apply to the person subject to procedures related to extradition, extradition in transit or transfer of convicted persons as agreed upon between the States of the Contracting Parties or between these and third States.  


Article 14
Final provisions

1.      

This Agreement is concluded for an indefinite period.  

2.

Each Contracting Party shall notify the other Contracting Party in writing, through diplomatic channels, on the fulfilment of the legal procedures necessary in its State for the entry into force of this Agreement. The Agreement shall enter into force after thirty days from the receipt of the last of the two notifications.  

3.

Each Contracting Party may suspend, with the exception of cases falling under Article 2, the implementation of this Agreement, on grounds of protecting national security, public order or public health, by a written notification addressed to the other Contracting Party. The suspension shall be notified without delay to the other Contracting Party through diplomatic channels and become effective as of the date mentioned in the notification. The Agreement shall re-enter into force when the other Contracting Party has been notified by the Requesting Contracting Party that the grounds of suspension are no longer present.  

4.

Each Contracting Party may, at any time, in compliance with the legal provisions covered by its national legislation, propose amendments or supplements to this Agreement. After the Contracting Parties have agreed upon such proposal and signed the documents, the amendments or supplements will come into force according to paragraph 2 of this Article. 

5.

Each Contracting Party may denounce this Agreement by written notification addressed to the other Contracting Party. The denunciation shall become effective the first day of the month following that when such written notification has been received by the other Contracting Party.  

6. This Agreement shall apply to all persons staying in the territory of the States of the Contracting Parties at the time of the entry into force of this Agreement or thereafter.  


       Done at Bucharest on 17 July 2002 in two original copies, each one in Norwegian, Romanian and English languages, all texts being equally authentic. In the case of any difference in 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