PROTOCOL

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA FOR IMPLEMENTATION  OF THE AGREEMENT BETWEEN THE REPUBLIC OF ARMENIA AND THE EUROPEAN UNION ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION

The Government of the Republic of Armenia and the Government of the Republic of Bulgaria, hereinafter referred to as „the Contracting Parties”,

pursuant to the provisions of Article 20 of the Agreement between the Republic of Armenia and the European Union on the readmission of persons residing without authorisation, signed on 19 April, 2013 in Brussels, hereinafter referred to as „the Agreement”,

willing to establish the necessary conditions facilitating the implementation of the Agreement,

have agreed on the following:

Article 1

Competent Authorities

The competent authorities responsible for the implementation of the Agreement and this Protocol shall be as follows:

1. For reception, submission and processing of readmission and transit applications:

a) For the Bulgarian Contracting Party:

Ministry of the Interior of the Republic of Bulgaria

General Directorate of Border Police

Readmission Unit

Address:	46, Knyaginya Maria Luiza Blvd 1202 Sofia, Republic of Bulgaria
Telephone:	+359 2 982 34 38 +359 2 982 30 29 +359 2 982 49 54
Fax:	+359 2 988 58 67
E-mail address:	nsgp@mvr.bg rakulekov.180@mvr.bg ajzagorov.180@mvr.bg elnikolova.180@mvr.bg

b) For the Armenian Contracting Party:

The Migration Service of the Ministry of Territorial Administration and Infrastructure of the Republic of Armenia

Address:	Karapet Ulneci 31, Yerevan 0037, Republic of Armenia
Telephone:	+ 374 60 275 018, + 374 60 275 017
Fax:	+ 374 60 275 033
E-mail address:	readmission@mta.gov.am

2. Competent diplomatic or consular representations for holding interviews and issuing travel documents

a) For the Bulgarian Contracting Party:

Embassy of the Republic of Bulgaria to the Republic of Armenia

Address:	16 Sofia str., Nor Aresh, Yerevan 0020, Armenia
Telephone:	+374 10 458233 +374 96 405210
Fax:	+374 10 458233
E-mail address:	embassy.yerevan@mfa.bg

b) For the Armenian Contracting Party:

Embassy of the Republic of Armenia to the Republic of Bulgaria

Address:	1111 Sofia, 3 Zagorichane str., Bulgaria
Telephone:	+359 2946 12 72, +359 2946 12 73
Fax:	+359 2946 12 74
E-mail address:	armbulgariaembassy@mfa.am

3. The Contracting Parties shall immediately notify each other through diplomatic channels about any changes with regard to the competent authorities and their contact data. These changes shall not be considered as amendments as prescribed in Article 13 of this Protocol and shall enter into force as of the receipt of the notification.

Article 2

Border Crossing Points

1. The following border crossing points of the Contracting Parties shall be designated for readmission and transit:

a) For the Bulgarian Contracting Party:

- Sofia Airport BCP

- Varna Airport BCP

- Burgas Airport BCP

b) For the Armenian Contracting Party:

Zvartnots International Airport, Yerevan.

2. If necessary, the competent authorities may determine border crossing points in individual cases other than those specified in Paragraph 1 of this Article.

3. The Contracting Parties shall immediately notify each other through diplomatic channels in case of a change in the border crossing points specified in Paragraph 1 of this Article. These changes shall not be considered as amendments as prescribed in Article 13 of this Protocol and shall enter into force as of the receipt of the notification.

Article 3

Procedures for Readmission Applications and Replies

1. The readmission application (Annex 5 to the Agreement), drafted in writing and in accordance with Article 8 of the Agreement shall be submitted by the competent authority of the Requesting Contracting Party to the competent authority of the Requested Contracting Party within the time limits laid down in Article 11, Paragraph 1 of the Agreement by any means of communication, including the Readmission Case Management Electronic System or e-mail.

2. The reply to the readmission application shall be submitted by the competent authority of the Requested Contracting Party to the competent authority of the Requesting Contracting Party by any means of communication, including the Readmission Case Management Electronic System or e-mail, in writing and within the time limits laid down in Article 11, Paragraph 2 of the Agreement.

3.The processing of personal data included in the readmission application and in the reply under Paragraph 2 of this Article shall be performed in compliance with the provisions of Article 17 of the Agreement.

Article 4

Other Documents

1. If the Requesting Contracting Party considers that other documents, not listed in Annexes from 1 to 4 to the Agreement, may be essential for establishing the nationality of the person to be readmitted or for establishing the conditions for readmission of third-country nationals or stateless persons, such documents may also be submitted to the Requested Contracting Party, attached to the readmission application.

2. The decision whether the documents referred to in Paragraph 1 of this Article are taken into consideration when processing the readmission application shall be taken by the Requested Contracting Party.

Article 5

Interview

1. In case the Requesting Contracting Party is not able to provide any of the documents listed in Annex 1 or Annex 2 to the Agreement, an interview of the person to be readmitted shall be performed by designated representatives of the diplomatic or consular representation of the state of the Requested Contracting Party in the state of the Requesting Contracting Party upon request of the Requesting Contracting Party included in the readmission application and within the time limit specified in Article 9, Paragraph 3 of the Agreement.

2. The Requested Contracting Party shall inform the Requesting Contracting Party about the results of the interview within the shortest possible time limit, but no later than 10 (ten) calendar days from the date of the receipt of the readmission application containing the request for an interview.

The time limit for response to readmission application specified in this paragraph shall begin to run from the date of submitting the information about the results of the interview.

3. If the nationality of the person to be readmitted can not be proven by the results of the interview, the Requested Contracting Party shall submit to the Requesting Contracting Party the results of the interview together with the decision on the readmission application. If the relevant person is not brought to the interview, the Requesting Contracting Party shall inform the Requested Contracting Party of the reasons for this situation and the Contracting Parties shall determine a new time frame.

4. The date and venue of the interview shall be settled separately in each particular case.

Article 6

Submission and Reply to Transit Application

1. The transit application made in writing and pursuant to Article 15, Paragraph 1 of the Agreement shall be submitted by the competent authority of the Requesting Contracting Party to the competent authority of the Requested Contracting Party by any means of communication, including the Readmission Case Management Electronic System or e-mail at least 7 (seven) calendar days before the planned transit.

2. Besides the data specified in Article 15, Paragraph 1 of the Agreement the transit application shall also contain a guarantee that the person shall be admitted by the state of final destination.

3. The reply to the transit application shall be submitted by the competent authority of the Requested Contracting Party to the competent authority of the Requesting Contracting Party by any means of communication, including the Readmission Case Management Electronic System or e-mail, in writing and within the time limit, laid down in Article 15, Paragraph 2 of the Agreement.

4. If the Requesting Contracting Party considers the assistance of the Requested Contracting Party is necessary during the transit, this issue shall also be included in the transit application form (Annex 6 to the Agreement). In the reply to the transit application, the competent authority of the Requested Contracting Party shall inform the competent authority of the Requesting Contracting Party on the possibility to provide such assistance.

5. If the transit is delayed due to some legal or practical impediment, the competent authority of the Requesting Contracting Party shall inform immediately the competent authority of the Requested Contracting Party about the impediments, but not later than 1 (one) day before the transit and shall indicate the envisaged time and location of transit.

6. The processing of personal data included in the transit application and in the reply under Paragraph 3 of this Article shall be performed in compliance with the provisions of Article 17 of the Agreement.

Article 7

Procedures for Transfer of the Person to be Readmitted

1. The Requesting Contracting Party shall inform the Requested Contracting Party for the transfer modalities and modes of transportation of the person specified in Article 12 of the Agreement via the Readmission Case Management Electronic System or e-mail.

2. The competent authority of the Requested Contracting Party within the shortest possible time limit, but no later than 4 working days from the date of the receipt of the information referred in Paragraph 1 shall inform the competent authority of the Requesting Contracting Party whether it accepts the transfer modalities. In case the transfer modalities proposed by the Requesting Contracting Party are not acceptable for the Requested Contracting Party, other transfer modalities shall be consulted in shortest possible term.

3. If the transfer is delayed due to some legal or practical impediment, the competent authority of the Requesting Contracting Party shall inform immediately the competent authority of the Requested Contracting Party about the impediments and shall indicate the envisaged time and location of transfer.

4. The transfer of the person to be readmitted shall be documented using the form in Annex 1 to this Protocol.

Article 8

Readmission in Error

1. In case of readmission in error, Requesting Contracting Party shall take back the person readmitted by the Requested Contracting Party within the time limit and under the conditions of Article 13 of the Agreement.

2. All documents submitted to the Requested Contracting Party shall be returned to the Requesting Contracting Party. If the data and document transmission have been carried out electronically, the Requested Contracting Party shall immediately delete them.

Article 9

Escort of the Person to be Readmitted or Transferred

1. In case a person who is in the process of readmission or transit must be escorted, the competent authority of the Requesting Contracting Party shall provide the following information regarding the escort: name and surname, as well as position of the escorting officers, type, number and date of issue of their passports, flight number, date and time of arrival and departure.

This information shall be specified in the notification under Article 7, Paragraph 1 of this Protocol. The competent authorities of the Requesting Contracting Party shall immediately inform the competent authorities of the Requested Contracting Party in case of any changes in the escort data.

2. The escort shall be responsible for escorting the person to be readmitted and transferring him/her to a representative of the competent authority of the Requested Contracting Party.

3. The escort officers shall be obliged to observe the legislation of the Requested Contracting Party. The powers of the escort officers during escorting the person to be readmitted or during transit shall be limited to legitimate defence in compliance with the legislation of the Requested Contracting Party. In case the officers of the Requested Contracting Party authorized to carry out the necessary activities are not able to act or ask for assistance in situations of imminent and serious risk, the escort officers may take reasonable and commensurate measures to prevent the person to be readmitted from escaping, injuring himself/herself or injuring any other third persons or causing damage to property. During their stay on the territory of the Requested Contracting Party, the escort officers shall not carry weapons or other forbidden items pursuant to the national legislation of the Requested Contracting Party and shall be dressed in civilian clothes.

4. The escort officers shall be responsible for carrying their own identity documents, documents confirming the approval of the readmission and transit, as well as the travel document and other required certificates or data of the person to be readmitted or transited.

5. The competent authorities of the Contracting Parties shall cooperate on all issues related to the stay of the escort officers on the territory of the Requested Contracting Party. The competent authorities of the Requested Contracting Party shall provide any kind of assistance to the assigned escort officers.

6. If the person to be readmitted or transited has special care needs, the escort officers may also include medical staff, social workers, etc.

Article 10

Costs

1.The costs incurred by the Requested Contracting Party in connection with readmission or transit, which are to be borne by the Requesting Contracting Party in accordance with Article 16 of the Agreement shall be reimbursed by the Requesting Contracting Party in Euro within 60 (sixty) working days upon submission of the invoice proving the costs.

2. The Contracting Parties shall notify each other through diplomatic channels of the respective bank account numbers.

Article 11

Language for Communication

The readmission and transit applications as well as the replies thereto, the correspondence and the consultations between the competent authorities of the Contracting Parties regarding the implementation of this Protocol shall be carried out in English.

Article 12

Consultations

 1. The competent authorities of the Contracting Parties, specified in Article 1 of this Protocol shall hold consultations at expert level in order to discuss issues related to the implementation of the Agreement and this Protocol.

2. If an agreement can not be reached at expert level, either of the Contracting Parties may request to hold meetings at ministerial level.

Article 13

Amendments and Supplements

This Protocol shall be amended and supplemented upon mutual written consent of the Contracting Parties. These amendments and supplements shall enter into force pursuant to the procedure referred to in Article 14 of this Protocol.

Article 14

Entry into Force and Termination

1. This Protocol shall enter into force after the completion of the internal legal procedures of the Contracting Parties and on the date following the date of notification of the Joint Readmission Committee referred to in Article 19 of the Agreement in accordance with Article 20, Paragraph 2 of the Agreement.

2. The Contracting Parties shall notify each other through diplomatic channels regarding the completion of the internal legal procedures necessary for the entry into force of this Protocol.

3. The Contracting Party which receives the latest written notification pursuant to Paragraph 2, shall notify the Joint Readmission Committee, referred to in Article 19 of the Agreement on the circumstances under Paragraph 2.

4. This Protocol shall be concluded for an indefinite period of time.

5. This Protocol shall be deemed terminated with the termination of the Agreement.

6. Each of the Contracting Parties may terminate the Protocol at any time with written notification to the other Contracting Party through diplomatic channels. The termination shall enter into force 90 days after the receipt of the notification by the other Contracting Party. The receipt of the notification for termination shall be confirmed in writing to the terminating Contracting Party.

Article 15

Annexes

Annex 1shall form an integral part of this Protocol.

Done in Yerevan, on 28 October, 2019 in two original copies, each of them in the Armenian, Bulgarian and English languages, all text being equally authentic.

In case of any divergence in the interpretation of the provisions of this Protocol, the English text shall prevail.

Annex 1

__________________________________________________________________________________________ ____________________________________________________________________________ (Designation and address of the competent authority of the Requested Contracting Party)   Ref. No of the document _________________ Date _______________________   PROTOCOL   On the Transfer of a Person to Be Readmitted   On ……….. at …….. hrs the following person(s) were readmitted at ........................................................................................................…………….........……: (Specify the location)

I

PERSONAL DATA

1. Full name (underline surname)

Date and place of birth:

Nationality:

Personal belongings and financial resources possessed by the person at the moment of readmission:

2. Other persons (details pursuant to item 1):

II

DATA ON THE CONSENT OF THE COMPETENT AUTHORITY OF THE REQUESTED CONTRACTING PARTY ON THE READMISSION OF THE PERSON (S)

Ref. No of the document giving consent: ………………………

Issued on ………………………

Issued by………………….........

III

READMISSION

1. The person(s) under No ……, ……, ……, were readmitted, while the person(s) under No ……, ……, ……, were not readmitted.

2. Reason for the refusal of readmission:

3. In relation to the readmission, the following belongings were also admitted:

(Documents – travel documents, ID card, etc.; items .....)

During the readmission, special attention should be paid to: (injuries, newly established evidence, ....)