PROTOCOL

The Government of the Republic of Armenia and the Government of the Republic of Estonia , hereinafter referred to as the Parties,

Pursuant to Article 20 of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation, hereinafter the Readmission Agreement,

With the desire to facilitate the implementation of the Readmission Agreement,

have agreed as follows.

The Parties have designated the following competent authorities for the implementation of the Readmission Agreement:

1. For the Republic of Armenia:

1.1 Reception, submission and processing of readmission applications for its own nationals:

State Migration Service

Ministry of Territorial Administration and Development of RA

4 Hr. Kochar 0033 Yerevan

Tel: +37460 275 009 or + 37460 275 017

Fax: +37460 275 033

E-mail: readmission@mail.mta.am

1.2 Reception, submission and processing of readmission applications for third country nationals and stateless persons and transit applications:

State Migration Service

Ministry of Territorial Administration and Development of RA

4 Hr. Kochar 0033 Yerevan

Tel: +37460 275 009 or + 37460 275 017

Fax: +37460 275 033

E-mail: readmission@mail.mta.am

2. For the Republic of Estonia:

2.1 Reception, submission and processing of readmission applications for its own nationals, third country nationals and stateless persons:

Police and Border Guard Board

PՊrnu mnt 139

15060 Tallinn

Tel: + 372 612 3283

Fax: + 372 612 3009

E-mail: vmt.mj@list.politsei.ee

2.2 Reception, submission and processing of transit applications:

Police and Border Guard Board

PՊrnu mnt 139

15060 Tallinn

Tel: + 372 614 9000; + 372 614 9200

Fax: + 372 614 9203

E-mail: ncc.estonia@politsei.ee

Readmission and transit shall be carried out at the following border crossing points:

1. For the Republic of Armenia:

Zvartnots International Airport

0042 Yerevan

Tel: +374 10 493000

Fax: +374 10 493000

E-mail: contacts@aia-zvartnots.aero

2. For the Republic of Estonia:

Tallinn-1 border crossing point (airport)

Tartu mnt 101

10112 Tallinn

Tel: + 372 619 1290

Fax: + 372 619 1292

E-mail: tallinn.lennujaam@politsei.ee

1. The Parties shall use the English language in the procedures carried out under the Readmission Agreement and the Implementing Protocol.

2. Communication for implementation of the Readmission Agreement or the Implementing Protocol can be sent either by mail or in an electronic format, if not agreed upon otherwise.

1. The competent authority of the requesting Party may submit an inquiry in writing to the competent authority of the requested Party regarding the issuance of a document for proof of nationality to the person concerned.

2. The Parties shall mutually deem the nationality to be established if it is ascertained on the basis of electronic or biometric evidence that the country receiving the application has issued a valid document for proof of nationality to the person concerned.

1. The requesting Party shall submit a readmission application to the competent authority of the requested Party pursuant to Article 8 Paragraph 4 of the Readmission Agreement by e-mail or in exceptional cases by fax.

2. The requested Party shall respond to the readmission application received from the requesting Party pursuant to Article 11 Paragraph 2 of the Readmission Agreement by e-mail or in exceptional cases by fax.

3. The date the readmission application was sent by the requesting Party shall be considered as the date of receipt of the readmission application.

1. If the requesting Party cannot present any of the documents mentioned in Annexes 1 and 2 of the Readmission Agreement, the competent diplomatic or consular representation of the requested Party shall conduct an interview with the person to be returned at the latest within 5 working days from the date of receipt of the readmission application. The requesting Party shall make a note for an interview in the readmission application pursuant to Annex 5 of the Readmission Agreement.

2. If the interview is necessary, the requesting Party shall simultaneously submit the copy of the readmission application to the diplomatic or consular representation of the requested Party.

3. The competent authority of the requesting Party shall specify with the diplomatic or consular representation of the requested Party the time and place for the interview in each particular case.

4. In the event, that the representatives referred to in Paragraph 1, conduct the interview outside the building of the diplomatic or consular representation of the requested Party, the organizational costs, including transportation related to interview are incurred by the requesting Party.

If a person has been apprehended in the border region (including airports) of the requesting Party after illegally crossing the border coming directly from the territory of the requested Party, the requesting Party may submit a readmission application within 2 working days following that person’s apprehension.

1. Transfer of the person to be readmitted shall take place at the time and location agreed upon in writing by the competent authorities of the Parties.

2. If the term of transfer was extended due to any legal or practical impediments, the competent authority of the requesting Party shall immediately notify the competent authority of the requested Party. The competent authority of the requesting Party shall also notify the competent authority of the requested Party of the elimination of impediments as it occurs and shall indicate the envisaged location and time of transfer.

3. Transfer of the person to be readmitted shall be recorded in a protocol.

The Parties agree to the following conditions relating to escorted transfers or transit on their territories.

1. The escort shall be responsible for escorting the person to be readmitted and transferring him or her to a representative of the competent authority of the state of destination.

2. The escort shall perform his or her duties unarmed and in civilian clothing. He or she should carry documents proving that readmission or transit has been approved, and he or she shall be able at all times to prove his or her identity and official authorisation.

3. The requested Party shall ensure similar protection and assistance to the escort during the performance of his or her duties as it ensures to its own officials authorised to perform such duties.

4. The escort shall in all cases be subject to the legislation of the requested Party. The powers of the escort during escorting a person to be readmitted or during transit shall be limited to self-defence. In the case of unavailability of officials of the requested Party authorised to carry out the necessary activities or in order to support such officials in situations of immediate and serious risk, the escort may take reasonable and commensurate measures to prevent the person to be readmitted from escaping, injuring himself or herself or any third persons, or causing damage to property.

5. The escort shall be responsible for carrying a valid travel document and other required certificates or data of the person to be readmitted, and for handing over such items to the representative of the competent authority of the state of destination. The escort may not leave the agreed location of transfer prior to the completion of the transfer of the person to be readmitted.

6. The competent authorities of the requesting Party shall ensure that the escort possesses entry visas to the state(s) of transit and destination if required.

1. In accordance with Articles 14 and 15 of the Readmission Agreement, the Parties agree to the following practical modalities for transit operations.

1.1 An application for transit must be submitted by fax or in an electronic format to the competent authority of the requested Party at least 5 working days prior to the planned transit.

1.2 The competent authority of the requested Party must reply by fax or in an electronic format within 3 working days after the receipt of the application for transit, notifying whether it consents to the transit and the envisaged time of transit, designated border crossing point, method of transport and use of escorts.

1.3 If the requesting Party considers necessary to request assistance from the competent authority of the requested Party for a particular transit operation, this should be indicated on the transit application form. In its reply to the transit application, the competent authority of the requested Party should notify whether it is able to provide the requested assistance.

1.4 If the person to be readmitted is transported by air and with escort, the competent authority of the requested Party shall organise guarding and boarding of the person to be readmitted on its territory, and as far as possible with the assistance of that Party.

2. The requesting Party undertakes to take back a person to be readmitted without delay, if:

2.1 consent to transit was refused or withdrawn pursuant to Article 14 Paragraph 3 of the Readmission Agreement;

2.2 the person to be readmitted illegally entered the territory of the requested Party during transit;

2.3 transfer of the person to be readmitted to another state of transit or destination failed or

2.4 transit is impossible on some other grounds.

1. Pursuant to Article 16 of the Readmission Agreement justified and proven transportation costs incurred in connection with readmission and transit operations pursuant to the Readmission Agreement as far as the border of the State of final destination shall be borne in euros by the requesting Party on the basis of an invoice submitted to that Party, with the invoice being payable within 30 days after its receipt.

2. The invoice of transportation costs shall be submitted and paid by the competent authorities referred to in Article 1 Subparagraphs 1.1 and 2.1 of this Implementing Protocol.

The competent authorities of both Parties shall arrange meetings of experts as necessary regarding the implementation of this Implementing Protocol. The time and location of such consultations shall be decided upon mutual agreement.

The Parties shall notify each other of any changes in the contact details of the competent authorities referred to in Article 1 of this Implementing Protocol and the border crossing points referred to in Article 2 of this Implementing Protocol. The changes shall be deemed to have entered into force as of the receipt of the notification.

1. Each Party shall notify the other Party through diplomatic channels of the completion of the internal legal procedures necessary for the entry into force of this Implementing Protocol. The Party who receives the last notification shall notify the joint readmission committee of the conclusion of the Implementing Protocol. This Implementing Protocol shall enter into force on the date when the joint readmission committee has received the notification.

2. The Protocol shall cease to apply at the same time as the Readmission Agreement.

3. The implementation of the Protocol is suspended simultaneously with the suspension of the Readmission Agreement.

4. Amendments and additions may be made to the provisions of this Implementing Protocol, in writing, by a mutual consent of the Parties, which shall enter into force in accordance with Article 14 Paragraph 1 of this Implementing Protocol and shall constitute an integral part of the Implementing Protocol.

Done at Yerevan on 13 June in the year 2017 in two original copies, each in the Armenian, Estonian, and English languages, all texts being equally authentic. In the case of divergence in the interpretation of the provisions of the Protocol, the English text shall prevail.