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Norsk

Bilateral agreements

Document-ID : 2006-09-25
Entry info force : 21.06.2007
Documentdate : 25.09.2006

Agreement between the Government of the Kingdom of Norway and the Government of the Republic of Macedonia regarding readmission of persons staying illegally on their respective territories

Agreement between the Government of the Kingdom of Norway and the Government of the Republic of Macedonia regarding readmission of persons staying illegally on their respective territories

The Government of the Kingdom of Norway and the Government of the Republic of Macedonia 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 control of 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: 

  1. «Third country national» means a person who does not have citizenship of the State of either Contracting Party; 
  2. «Stateless person» means a person without citizenship in any country; 
  3. «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;  
  4. «Transit visa» means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling a person to transit through the territory of its State without interrup-tion.  
  5. «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 pen-ding 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 require-ments for his/ her entrance and stay 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. This obligation includes readmission of child-ren who are citizens of the Requested Contracting Party when the child (under the age of 18 years) is abandoned by its parents in the territory of the Requesting Contracting Party.  
  2. The obligation in accordance with paragraph one of this article 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, within a six month period from the date of the readmission, verify that at the moment of readmission they did not fulfil the conditions in paragraph 1 or 2 of this article.  
  4. Upon application by the Requesting Contracting Party, the Requested Contracting Party shall, within seven working days, issue to the person subject to readmission under the provisions of paragraph 1 of this article the travel documents required for his/ her return.   

ARTICLE 3
Proving or assuming citizenship  

  1. The citizenship of the person being readmitted is determined according to valid documentation: 

    1. For citizens of the Republic of Macedonia:  
      • passport (personal passport, diplomatic passport, official passport and emergency passport);
      • personal identification card;  
      • certificate of nationality combined with other identification documentation which includes a photograph.  
    2. For citizens of the Kingdom of Norway:  
      • citizenship certificates;  
      • passports of any kind (national passports, collective passports, diplomatic pass-ports, service passports and emergency passports);  
      • official documents indicating the citizenship of the person concerned;  
      • seamen's registration books and skippers' service cards;  
      • unequivocal information provided by the competent authorities of either Contrac-ting Parties. 

  2. The citizenship of the person to be readmitted in accordance with Article 2 may be assumed in one of the following manners:  

    1. For the citizens of the Republic of Macedonia:
      • copy of one of the documents stated in paragraph 1a of this Article;  
      • written statement made by the person to be readmitted, which is registered with competent administrative or judicial bodies of the requesting Contracting Party;  
      • written statement made by witnesses which is registered with competent administ-rative or judicial bodies of the requesting Contracting Party;  
      • official documents indicating the citizenship of the person concerned;  
      • unequivocal information provided by the competent authorities of either Contrac-ting Parties.  
    2. For the citizens of the Kingdom of Norway: 
      • photocopies of any of the documents listed in paragraph 1b of this article;  
      • driving licences;  
      • company identity cards, service books and military identity cards;  
      • birth certificates;  
      • written statements made by witnesses;  
      • written statement made by the person concerned;  
      • language spoken by the person concerned only if used in conjunction with any of all the items listed in paragraph 1 b);  
      • any other documents which may help to establish the citizenship of the person concerned;  
      • photocopies of the mentioned documents in 2 (b) of this article.  

  3. Where evidence of citizenship is provided according to paragraph 2 of this article, the Contracting Parties shall mutually deem the citizenship to be established, unless the Requested Contracting Party has disproved such evidence.  
  4. The documents listed in paragraph 1 and 2 of this Article shall suffice as evidence of citizenship or indication of citizenship even if their period of validity has lapsed.  
  5. If the evidence referred to under paragraph 1 or 2 of this article is not sufficient to prove or validly assume citizenship, the competent Diplomatic Mission or Consular Office of the Re-quested Contracting Party shall, within seven working days, interview the person concerned in order to determine his/ her citizenship.  

ARTICLE 4
Readmission of third country nationals 

  1. Upon request by a Contracting Party, the other Contracting Party shall, without further formalities, readmit a third country national who has arrived on the territory of the State of the Requesting Contracting Party directly from the territory of the State of the Requested Contrac-ting 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 a third country national 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 enter and reside on the territory of that State.  
  3. A requesting Contracting Party shall readmit such persons again under the same conditions if subsequent checks, within a thirty day period from the date of the readmission, verify that at the moment of readmission they did not fulfil the conditions in paragraph 1 or 2 of this article. 

ARTICLE 5
Exemptions from the obligation to readmit third country nationals 

  1. The readmission obligation provided under Article 4 shall not exist in the case of third country nationals 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 requesting Contracting Party.   
  2. Should both Contracting Parties have issued a third country national subject to a request for readmission an entry visa or a residence permit, the Contracting Party whose entry visa or resi-dence permit validity expires the latest, shall readmit that third country national.  
  3. The obligation to readmit as stated in article 4 shall not exist when the third country national is the national of a country which shares a common border with the Requesting Contracting Party. 

ARTICLE 6
Transit  

  1. Each Contracting Party shall allow a third country national 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 third country national 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 third country national 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 fourteen working 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 request by either Contracting Party, this time limit may be extended with the time taken to clarify any legal or practical impediments that can occur. 

ARTICLE 8
Lapse of obligation to readmit

  1. A request for readmission under Article 4 of this agreement shall be submitted to the Requested Contracting Party within a period of one year after the Requesting Contracting Party has estab-lished the unauthorised entry or presence by the third country national on its territory. Upon expiry such a request will no longer be admissible. 

ARTICLE 9
Exchange and Protection of personal data  

  1. Personal data necessary for implementation of this agreement shall only refer to the following:  

    1. personal data of the person to be readmitted as well as data relating to his or her family members (name, surname, any previous names, nicknames or pseudonyms, date or place of birth, sex, current or previous citizenships);  
    2. information on documents proving identity of the person concerned (number, validity, date of issue, competent issuing authority, place of issue and other); 
    3. other information necessary for identification of the person to be readmitted or admitted in transit;  
    4. places of stay and itinerary;  
    5. residence permits or visas issued;  
    6. other proof of identity which might be useful in verification of the readmission conditions according to this agreement.  

  2. The information submitted for the purposes of this agreement, shall be transmitted in compliance with the domestic legislation of the respective Contracting Parties. In addition the following provisions shall also apply: 

    1. the use of information by the Contracting Party receiving the information shall only be for the purpose stated in this agreement and under conditions described by the competent authority which submits such information;  
    2. upon request of the authority submitting information the Contracting Party that has re-ceived the information shall inform the Contracting Party that has submitted the information on the use of such information as well as the results achieved;  
    3. personal data may only be submitted to the competent authorities of the Contracting Parties. Further submission to other authorities may only take place with the prior consent of the Contracting Party that submits such information;  
    4. the competent authorities of the Contracting Parties are responsible for accurate and purposeful submission of such information as well as the necessity and correspondence to the purpose for which they are required. The authorities shall respect the prohibitions of submission of information which are applicable in accordance with the applicable domestic legislation of the Contracting Parties;  
    5. if incorrect information or information that should not have been submitted is dispatched the Contracting Party that has received information shall be immediately informed about it. The Contracting Party receiving the information is obliged to make the required corrections or destroy the information submitted;  
    6. the information which is destroyed by the Contracting Party that has submitted the information shall also be destroyed by the Contracting Party that has received the information within six months;  
    7. the Contracting Parties are obliged to efficiently protect the submitted information from accidental loss, unauthorized access, unauthorized alteration and publication;  
    8. any information received in accordance with this agreement shall be destroyed in com-pliance 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 for which 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 requesting Contracting Party shall also bear all transportation and escort expenses deriving from the fulfilment of the obligation to readmit according to Article 2, paragraph 3 and Article 4 paragraph 3 of this agreement.   
  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 possib-le, 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. Fulfilment of the legal condi-tions for the transfer and carriage of personal belongings to the territory of the country of desti-nation in accordance with this country's domestic legislation shall be the responsibility of the person subject to readmission. 
      2. The Contracting Parties shall have no obligation whatsoever to cover the costs for the transportation of such belongings as stated in paragraph one of this article.

ARTICLE 12 
Provisions on implementation  

  1. The Contracting Parties shall through diplomatic channels, inform each other about the changes occurred in relation with the authorities as stated in Article 14 which are designated to implement this agreement, as well as on their addresses or other information necessary to facilitate communication.   
  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 for the implementation of this Agreement, such as:
    1. details, documents substantiating evidence and measures necessary to carry out transfer and transit procedures;  
    2. establishing dates for readmission;  
    3. conditions of transportation in transit for a national of a third state under escort by the competent authorities;  
    4. pieces of evidence or prima facie evidence on the basis of which it may be proven or assumed that the third country national has entered the territory of the State of the Contracting Party directly from the territory of the State of the other Contracting Party;  
    5. format and content of the readmission request, format of the individual fiche with perso-nal 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 
Authorised Institutions 

Institutions authorised for implementation of this Agreement:

For the Kingdom of Norway:

The Directorate of Immigration (Utlendingsdirektoratet) on behalf of the Ministry of Labour and Social Inclusion. 
Address: P.O. Box 8108 Dep, N–0032 Oslo, Norway. 
Tel: +47 23 35 15 00 
Telefax: +47 23 35 15 01 
Email: udi@udi.no 
The National Police Immigration Service (Politiets Utlendingsenhet) on behalf of the Ministry of Justice and the Police. 
Address: P.O. Box 9277 Grønland, N–0134 Oslo, Norway. 
Tel: +47 22 34 24 00 
Telefax: +47 22 34 24 80 
E-mail: politiets.utlendingsenhet@politiet.no 

For the Republic of Macedonia: 

The Ministry of Internal Affairs: 
Bureau for Public Security-Central Police Services, 
Department for Civil Affairs-Section for Foreigners 
Address: Dimce Mircev bb, 1000 Skopje, Republic of Macedonia 
Tel: + 389 2 311 6731 
+ 389 2 314 2368 
Telefax: + 389 2 314 3408 
e-mail: zlatko_nikoloski@moi.gov.mk  

The following border crossing points shall be used for the implementation of this Agreement: 

For the Kingdom of Norway: 

Oslo Airport Gardermoen 

For the Republic of Macedonia: 

International Airport Skopje 

ARTICLE 15
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 on the thirtieth day from the receipt of the last notification.  
  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 of the notification. The Agreement shall re- enter into force when one Contracting Party has been notified by the other 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 and the agreement will no longer be in force as of the first day of the month following that when such written notification has been received by the other Contracting Party.

Done at Skopje on 25 September 2006 in two original copies, each one in Norwegian, Macedonian and English languages, all texts being equally authentic. In the case of any difference in interpretation, the English text shall prevail.

Latest changes
  • New: 2006-09-25 Agreement between the Government of the Kingdom of Norway and the Government of the Republic of Macedonia regarding readmission of persons staying illegally on their respective territories (5/2/2014)

    The readmission agreement between Norway and Macedonia that entered into force in 2007, is now available on the portal.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo