Uredba o ratifikaciji Upravnega dogovora o sodelovanju med Vlado Republike Slovenije in Vlado Republike Madžarske pri izvajanju Uredbe Sveta Evropske unije (ES) št. 343/2003 z dne 18. februarja 2003

Ratificira se Upravni dogovor o sodelovanju med Vlado Republike Slovenije in Vlado Republike Madžarske pri izvajanju Uredbe Sveta Evropske unije (ES) št. 343/2003 z dne 18. februarja 2003, podpisan 17. oktobra 2007 v Lendavi.

Besedilo upravnega dogovora se v izvirniku v slovenskem in angleškem jeziku glasi(1): The Government of the Republic of Slovenia and the Government of the Republic of Hungary (hereinafter referred to as the Contracting Parties), in the interest of efficient implementation of the provisions of Article 23 of the Council Regulation (EC) No 343/2003 of 18 February 2003, hereby conclude, in order to define the conditions and rules of the procedure to determine the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, this Administrative Arrangement (hereinafter referred to as the Arrangement):

(1)The Contracting Parties shall use the terms that are used and defined in the Council Regulation (EC) No 343/2003 of 18 February 2003 (hereinafter referred to as the Regulation).

(2)This Arrangement shall be applied pursuant to the Regulation and the Commission Regulation (EC) No 1560/2003 of 2 September 2003 (hereinafter referred to as the Implementing Regulation).

(1)The responsible authorities of the Contracting Parties (hereinafter referred to as responsible authorities) in implementing this Arrangement shall be: a) in the Republic of Slovenia: Ministry of the Interior Internal Administrative Affairs Directorate Asylum Section Cesta v Gorice 15 1501 Ljubljana Tel.: +386 1 200 84 40 Fax: +386 1 256 30 50 (hereinafter referred to as Asylum Section) b) in the Republic of Hungary: Ministry of Justice and Law Enforcement Office of Immigration and Nationality 1117 Budapest, Budafoki út 60. Tel.: +36 1 463 48 72 Fax: +36 1 463 48 75 (hereinafter referred to as MoJLE OIN)

(2)The responsible authorities shall keep each other mutually informed on all details and changes thereof.

(1)As regards the Hungarian Contracting Party, the Dublin procedure shall be conducted by the MoJLE OIN (Directorate of Asylum Affairs, Dublin Coordination Unit).

(2)As regards the Slovenian Contracting Party, the Dublin procedure shall be conducted by the Asylum Section.

(3)The language of communication between the responsible authorities shall be English.

(1)If a request is based on Article 9 of the Regulation, the time limit for the responsible authorities to respond to requests for taking charge shall be 30 (thirty) calendar days following the receipt of the request.

(2)If a request for taking back is based on data from the Eurodac system, the responsible authorities shall respond immediately if possible but at the latest within 10 (ten) calendar days. When a request is related to information referred to in Article 21(2) and

(3)of the Regulation, the responsible authorities shall respond within 30 (thirty) calendar days following its receipt. In the interest of responding to urgent requests under Article 17(2) of the Regulation, the responsible authorities shall appoint a contact person. In the event of persistent technical problems of DubliNet, the responsible authorities may temporarily use other means of data transmission providing quicker processing of requests. In this event, they shall communicate primarily via facsimile. If the responsible authorities wish to refuse their responsibility on the grounds that another Member State is responsible for examining an asylum application, they can do so only by submitting, without delay, direct and indirect evidence establishing unambiguously the responsibility of another Member State.

(1)After the acknowledgement of responsibility by one Contracting Party, the authorities initiating the transfer shall always inform the responsible authority 2 (two) working days prior to the transfer on the expected venue and date of transfer. Upon transferring the applicant, the requesting authority shall hand over the travel document of the applicant or, in its absence, the Laissez-Passer in compliance with the relevant Annex of the Implementing Regulation to the authority transferring the applicant.

(2)If the requesting authority fails to comply with the obligations referred to in paragraph 1, the responsible authority of the Contracting Party may refuse to hand over the applicant.

(3)Failure to act within the deadlines concerning take charge or take back requests laid down in the Regulation and this Arrangement, as a consequence of which the requesting authority presumes that responsibility has been acknowledged, the applicant shall be transferred, including the provisions for proper arrangements for arrival.

(4)The Contracting Parties shall assist each other in carrying out transfers to other Member States which shall take place in international transit areas of the airports of the Contracting Parties.

(5)The assistance referred to in paragraph 4 shall mainly consist of informing other competent authorities on the envisaged transfers at the airports of the Contracting Parties. If after a successful transfer, documents or personal belongings of an applicant are found, the responsible authority of the Contracting Party shall be obliged to forward them without delay and upon written approval by the applicant to the responsible authority of the other Contracting Party.

(1)Transfers shall be carried out at the common state border of the Contracting Parties. In principle, they shall be carried out at the international road border crossing point Dolga vas (Hosszúfalu) – Rédics.

(2)In well-grounded cases, the responsible authorities may agree that the transfer shall be carried out at the international airports of both countries or another international road border crossing point as approved by the responsible authorities on a case by case basis. A working group shall be set up to clarify any practical questions related to the implementation of this Arrangement, including issues arising from the Regulation, the Implementing Regulation, Council Regulation (EC) No 2725/2000 and Council Regulation (EC) No 407/2002. The working group shall consist of representatives designated by the Contracting Parties and the authorities involved in implementing this Arrangement.

(1)This Arrangement shall enter into force on the 30th (thirtieth) day following the date when the Contracting Parties have notified each other on the completion of the internal legal procedures required for its entry into force.

(2)After the entry into force of this Arrangement the Slovenian Contracting Party shall, in compliance with Article 23(2) of the Regulation, notify the Commission by submitting a copy of the Arrangement.

(3)This Arrangement may be amended by the Contracting Parties. Such an amendment shall be initiated in writing through diplomatic channels.

(4)This Arrangement is concluded for an indefinite period. Either Contracting Party may at any time terminate it in writing through diplomatic channels. The Arrangement shall cease to have effect on the first day of the 3rd (third) month following the date of receipt of the notification of termination. Done at Lendava, on 17th October 2007 in two original copies, each in Slovenian, Hungarian and English language, all texts being equally authentic. In case of differences in the interpretation of this Arrangement, the English text shall prevail. For the Republic of Slovenia: Dragutin Mate (s) For the Republic of Hungary: Albert Takács (s)

Za izvajanje upravnega dogovora skrbi Ministrstvo za notranje zadeve.

Ta uredba začne veljati petnajsti dan po objavi v Uradnem listu Republike Slovenije – Mednarodne pogodbe. Št. 00724-41/2008 Ljubljana, dne 29. maja 2008 EVA 2008-1811-0015 Janez Janša l.r. Predsednik

(1)Besedilo sporazuma v madžarskem jeziku je na vpogled v Sektorju za mednarodno pravo Ministrstva za zunanje zadeve.