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Norsk

Bilateral agreements

Document-ID : 2005-01-24
Entry info force : 30.07.2005
Documentdate : 24.01.2005

Agreement between Norway and Croatia on readmission of persons whose entry and/ or stay is illegal

       The Government of the Kingdom of Norway and the Government of the Republic of Croatia (hereinafter: the Contracting Parties),

       Desiring to further develop the cooperation between the two Contracting Parties in order to ensure a better application of the provisions of their national legislation relevant to the movement of persons, while respecting the rights and guarantees provided by the laws and regulations of the Contracting Parties,

       Being aware of the need to combat illegal migration and desiring to facilitate readmission of persons whose entry or stay is illegal, on the basis of reciprocity,

       In accordance with the international treaties and conventions by which the Contracting Parties are bound,

       Have agreed as follows:

Article 1
Definitions

       For the purposes of this Agreement, the terms listed bellow shall have the following meanings:
a)      

« Third country national » means a person who does not have a nationality of either Contracting Party. This shall include stateless persons;  

b)

«Visa» means a valid permission issued by the competent authorities of either Contracting Party, entitling a person to enter and stay in the territory of its State, for a determined period of time according to the applicable legislation of that State;  

c)

«Residence permit» means a valid permission issued by the competent authorities of one Contracting Party, entitling the person holding it to repeatedly enter and reside in the territory of that Contracting Party. The residence permit does not represent a visa and cannot be identified with legal residence permit granted to an asylum seeker pending a decision on the filed application for asylum in the state territory of either Contracting Party, or pending a removal procedure.  

 

Article 2
Establishing nationality

1.      

The nationality of a person to be readmitted shall be established on the basis of the following public documents:  

 

a) For the Republic of Croatia:

  • certificate of nationality («Domovnica») with attached document, by which identity can be established (eg. identity card);
  • personal identification card;
  • travel documents issued by a competent authority (passport, collective passport, diplomatic pasport, service passport, laissez passer); 
  • military service booklet; 
  • valid seamen's registration book.
 

b) For the Kingdom of Norway:

  • citizenship certificate;
  • passport of any kind (national passport, collective passport, diplomatic passport, service passport and temporary passport);
  • official document establishing nationality of the person concerned;
  • seamen's registration book and skippers' service card;
  • unequivocal information provided by the competent authorities.
 2.

Nationality is presumed on the basis of:  

 

 a) For the Republic of Croatia:

  • documents listed in paragraph 1, the validity of which has expired, where the documents are issued by competent authorities after 8 October 1991;
  • documents containing the identity of the person concerned (e.g. driving licence) issued by competent authorities after 8 October 1991;
  • photocopies of any documents issued after 8 October 1991 listed in paragraph 1 and verified by the requested Contracting Party;
  • statements of the person concerned included in the records of administrative or judicial authorities of the requesting Contracting Party, together with verification of information submitted by the requested Contracting Party;
  • statements of credible witnesses in minutes, together with verification of information submitted by the requested Contracting Party.
 

b) For the Kingdom of Norway:

  • documents listed in paragraph 1, the validity of which has expired;
  • verified photocopies of any of the documents listed in paragraph 1;
  • driving licences;
  • service books and military identity cards;
  • birth certificates;
  • verified photocopies of the documents mentioned in relevant indents;
  • written statements made by witnesses;
  • written statements made by the persons concerned;
  • the language spoken by the persons concerned only if used in conjunction with any of the items listed in relevant indents;
  • any other documents which may help to establish the nationality of the persons concerned.
3.

If nationality is presumed, but the documents listed in Article 2, paragraph 2, of the present Agreement do not exist or are contestable, nationality can be established, upon the request of the requesting Contracting Party, with the assistance of the competent diplomatic missions or consular posts of the requested Contracted Party. 

Article 3
Readmission of nationals of the contracting parties

1.      

Each Contracting Party shall, at a written request of the other Contracting Party, readmit to its territory, without formalities, any person, who does not or who no longer fulfils the conditions in force for entry or stay in the territory of the requesting Contracting Party, provided that it is established or may be validly assumed that he/she possesses the nationality of the requested Contracting Party.  

2.

The same shall apply to persons who, since having entered the territory of the requesting Contracting Party, have lost the nationality of the requested Contracting Party, without having been guaranteed the granting of the nationality by the competent authorities of the requesting Contracting Party. 

3.

Should subsequent checks prove that the readmitted person did not fulfil the conditions under paragraph 1 or 2, the requesting Contracting Party shall readmit that person again under the same conditions. 

4.

Upon the request 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 4
Readmission of third country nationals or stateless persons

1.      

Each Contracting Party shall, upon a written request by the other Contracting Party, without formalities, readmit a third country national or a stateless person, who has arrived in the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party and who does not fulfil the conditions for entry which are applicable in the territory of the requesting Contracting Party 

2.

Each Contracting Party shall, upon a written request from the other Contracting Party, without formalities, readmit a third country national or a stateless person, who does not fulfil or no longer fulfils the conditions for entry or residence, which are applicable in the territory of the requesting Contracting Party, if that national is in possession of a valid visa or residence permit, issued by the competent authorities of the requested Contracting Party, entitling the respective person to enter and stay in the territory of that Contracting Party.  



Article 5
Exemptions from the obligation to readmit third country nationals or stateless persons

1.      

The obligation of readmission defined in Article 4 of the present Agreement shall not apply to third country nationals or stateless persons, who have, upon departing from the territory of the requested Contracting Party or upon entering the territory of the requesting Contracting Party, received from that Contracting Party a valid visa or residence permit; 

2.

Should both Contracting Parties have issued a third country national or a stateless person, subject to a request for readmission, a visa or residence permit, the Contracting Party whose visa or residence permit validity expires the latest, shall readmit the third country national.  



Article 6
Transit

1.      

Each Contracting Party shall, upon the written request of the other Contracting Party, allow transit through its territory, to third country nationals or stateless persons who are being removed from the territory of the Contracting Party requesting transit. The requesting Contracting Party may ask the requested Contracting Party to secure the escort during the transit through its territory.  

2. 

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

3. 

If a third country national or a stateless person 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 that third country national and returning him/her, without delay, to its territory.  

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 of the requested Contracting Party, as well as if the guarantees provided under this Article are not deemed satisfactory, the requested Contracting Party reserves its rights to deny such request.  


Article 7
Time limits

1.      

The requested Contracting Party shall reply to the requests addressed to it, without any delay, and in any case not later than twenty (20) days upon the receipt of the request. The request for readmission shall be submitted to the competent authorities of the requested Contracting Party. Any refusal of such request shall be grounded.  

2.

The requested Contracting Party shall accept the persons, whose readmission has been approved, without any delay, and in any case not later than one month after the date of the approval. Upon the request of the requesting Contracting Party, this time limit may be extended by the time necessary for dealing with legal or practical obstacles.  



Article 8
Lapse of obligation to readmit

       The request for the readmission of a person under Article 4 shall be submitted within a period of one (1) year after the requesting Contracting Party has established illegal entry or stay of the said third country national or a stateless person in its territory failing which, such request shall no longer be admissible.

Article 9
Exhange and protection of information

1.      

Information on individual cases which must be provided to the other Contracting Party in order to implement this Agreement shall only refer to:  

 

a) the personal particulars of the person to be readmitted or admitted in transit, and if necessary of the persons family members (name, last name, previous name, nicknames or pseudonyms, parents surnames and forenames, date and place of birth, sex, current and previous nationality, latest address and previous address(es) in the territory 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 in transit;  

 

d) evidence from which nationality may be established or validly assumed;  

 

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

 

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. 

Each Contracting Party undertakes to:  

 

a) use any information received under this Agreement only for the purpose for which it was requested;  

 

b) keep confidential any such information forwarded to the requested Contracting Party and not disclose it to a third party unless that disclosure is authorised by the requesting Contracting Party; 

 

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

 

d) destroy such information in accordance with any conditions laid down 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 for which it was forwarded.  



Article 10
Costs

1.       

The requesting Contracting Party shall bear the costs for the transportation of persons to be readmitted under this Agreement, including their escorts up to the border of the requested Contracting Party, unless the costs shall be borne by a transporting company.  

2.  

The requesting Contracting Party shall bear all costs of transportation deriving from the fulfilment of the obligation to readmit according to Article 3, paragraph 2.  

3. 

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



Article 11
Implementation provisions

1.      

Within thirty days after the entry into force of this Agreement, the Contracting Parties shall notify each other through diplomatic channels on the authorities competent for the implementation of this Agreement, as well as on their addresses or other information necessary to facilitate the 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 for the implementation of 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, i.e.: 

  • on the information, documents, substantiating evidence and measures necessary for readmission and for the implementation of transit; 
  • on determining the border crossings and establishing dates for readmission;
  •  on the conditions for transit transportation of third country nationals escorted by competent authorities;
  • on evidence on the basis of which it is possible to prove or assume that a third country national has entered the territory of the Contracting Party directly from the territory of the other Contracting Party;
  • on format and content of the readmission request, format of the individual fiche with a personal data, records of persons subject to readmission procedures, working language, etc.


Article 12
Final provisions

1.      

The present Agreement shall enter into force thirty (30) days from the date of the receipt of the last written notification, through diplomatic channels, that all the preconditions required by the internal legislation of the Contracting Parties for entering into force of this Agreement have been fulfilled.  

2.

Each Contracting Party may temporarily suspend this Agreement, in whole or in part, except Article 3 of the present Agreement, for the reasons of protection of national security, public order or public health, by a written notification to the other Contracting Party through diplomatic channels. The suspension shall be notified without delay to the other Contracting Party, through diplomatic channels and shall 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.  

3.

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 shall come into force according to paragraph 2 of this Article.  

4.

This Agreement is concluded for an indefinite period of time. Each Contracting Party may denounce this Agreement at any time by a written notification to the other Contracting Party through diplomatic channels. The denunciation shall become effective on the first day of the second month following the month in which the notification was received by the other Contracting Party.  

5.

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



       Done at Zagreb on 24 January 2005 in two originals, each in Croatian, Norwegian and English languages, all texts being equally authentic. In case of any divergence 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