12. člen

(1)Ta protokol je treba ratificirati ali odobriti. Po prejemu zadnjega uradnega obvestila, da so končani notranjepravni postopki za začetek njegove veljavnosti, pristojni organ slovenske pogodbenice o tem uradno obvesti Odbor za ponovni sprejem iz 18. člena sporazuma.

(2)Protokol začne veljati, ko Odbor za ponovni sprejem potrdi prejem uradnega obvestila, o čemer slovenska pogodbenica nemudoma uradno obvesti črnogorsko pogodbenico.

(3)Protokol preneha veljati isti dan kot sporazum. Sestavljeno v Podgorici dne 9. maja 2008 v dveh izvirnikih v slovenskem, črnogorskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri različni razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Dragutin Mate l.r. Za Vlado Črne gore Jusuf Kalamperović l.r. Pursuant to Article 19 of the Agreement between the European Community and the Republic of Montenegro on the readmission of persons residing without authorisation (hereinafter referred to as the Agreement), the Government of the Republic of Slovenia and the Government of Montenegro (hereinafter referred to as the Contracting Parties) have agreed the following, for the purpose of its implementation:

(1)For the purposes of the implementation of the Agreement, the nationality of a person shall be proved by means of the following valid public documents, in addition to the documents referred to in Annex 1 and 2 of the Agreement: a) for the Republic of Slovenia: – certificate of nationality of the Republic of Slovenia together with another valid public document bearing a photograph; b) for Montenegro: – passport (national and group passport) issued by the Ministry of the Interior of the Republic of Montenegro after 15 June 1997 (“blue passport”) and passport (diplomatic and service passport) issued by the Ministry of Foreign Affairs of the Republic of Montenegro; – identity card issued by the Ministry of the Interior of Republic of Montenegro after 1 May 1994; – certificate of nationality of Montenegro together with another valid public document bearing a photograph.

(2)Based on the submission of the aforementioned public documents, the competent authority of the requested Contracting Party shall acknowledge the nationality of a person and no future establishment of nationality shall be required.

(1)Nationality may be presumed on the basis of the following: a) photocopies of the documents listed in Article 1 of the Protocol; b) documents listed in Article 1 of the Protocol whose period of validity has expired and photocopies thereof; c) a birth certificate or a photocopy thereof; d) a valid driving licence or a photocopy thereof; e) any document issued by state authorities; f) any valid document that proves membership of the armed forces or the police force of a Contracting Party; g) a statement from the person in question or from a trustworthy witness entered in the official records; h) comparison of fingerprints entered in the records of the other Contracting Party; i) in the event of the requested Contracting Party being Montenegro, the following documents shall be considered, in addition to the aforementioned documentary evidence based on which the nationality may be presumed: – passport issued by the Ministry of the Interior of Montenegro before 15 June 1997 (“red passport”) and photocopies thereof, – identity card issued by the Ministry of the Interior of Montenegro before 1 May 1994 and photocopies thereof.

(2)Nationality shall be deemed to have been established if in the above cases the requested Contracting Party confirms it. An application for readmission of a person for whom it has been proved or presumed that he/she is a national of a Contracting Party, a third-country national or a stateless person having resided on the territory of the Contracting Party shall be made in accordance with Article 7 of the Agreement on the prescribed form from Annex 6 of the Agreement, which shall also indicate the border crossing point at which the person is to be returned and readmitted and the time of return and readmission.

(1)Transit procedure must be carried out in the manner provided for in Article 14 of the Agreement. In addition to what is required therein, the application must contain information on: a) the border crossing point of entry and exit; b) envisaged time and method of transit, as well as the travel plan; c) whether an escort or any other assistance is required; d) whether the person will be travelling alone or escorted.

(2)If the person requires medical care, the requesting Contracting Party shall also submit a description of the person's state of health, including photocopies of healthcare certificates and information regarding requirements for special treatment, such as health or other care, supervision or ambulance transport.

(3)A transit application must be submitted in writing to the competent authority of the requested Contracting Party.

(4)The competent authorities of the Contracting Parties shall agree directly on the time and method of transit (e.g. flight number, departure and arrival times, name and surname of officials providing escort, vehicle registration numbers, etc).

(5)The Contracting parties may revoke any issued permit in the event where circumstances referred to in Article 13, paragraph 3 of the Agreement subsequently occur or are established, or where further travel to potential countries of transit or readmission by the destination country is no longer guaranteed.

(6)During transit, the requesting Contracting Party shall remain responsible for third-country nationals or stateless persons and shall be obliged to readmit them again if readmission by the destination country has not been guaranteed.

(1)The competent authority of the requested Contracting Party shall inform the competent authority of the requesting Contracting Party of all facts regarding any incident occurring during transit.

(2)The requested Contracting Party shall provide the same protection and assistance to police officers of the requesting Contracting Party in the performance of their tasks under this Protocol as are enjoyed by its police officers performing similar tasks.

(3)When in performing their tasks they are involved in illegal acts either as perpetrators or victims, police officers of the requesting Contracting Party shall enjoy the same rights and obligations as police officers of the requested Contracting Party.

(1)Transit of persons under official escort shall be conducted pursuant to the regulations in force in the requested Contracting Party across whose territory transit is conducted.

(2)If transit is conducted under police escort, the escorting police officers of the requesting Contracting Party shall carry out their mission in civilian clothes, unarmed and provided with a transit authorisation.

(3)In air transit, the requested Contracting Party may, if necessary, take over responsibility for supervision and boarding of the plane, in agreement with the escorting personnel.

(4)Supervision and boarding of unescorted persons in air transit shall be provided by police officers of the requested Contracting Party, subject to prior written confirmation by the requested Contracting Party.

(5)If transit referred to in the preceding paragraph cannot be conducted within the envisaged time frame, the requested Contracting Party shall inform the requesting Contracting Party in writing without delay while the latter must respond in writing within 24 hours and propose further procedure.

(6)If the person requires medical care, the requesting Contracting Party shall also submit a description of the person's state of health, including photocopies of healthcare certificates and information regarding requirements for special treatment, such as health or other care, supervision or ambulance transport. Police officers of the requesting Contracting Party who perform their tasks under this Protocol on the territory of the country of transit must be able to prove, if requested by an authorised official, their identity and that they are acting in an official capacity, as well as carry a transit authorisation that has been issued by the requested Contracting Party. If a police officer of the requesting Contracting Party suffers damage during the performance of his/her tasks under this Protocol, the requesting Contracting Party is responsible for paying the compensation due, without seeking redress from the requested Contracting Party.

(1)The implementation of the Agreement and this Protocol shall be within the competence of: a) for the Republic of Slovenia: Ministry of the Interior General Police Directorate Uniformed Police Directorate Border Police Division Address: Štefanova ulica 2, SI-1501 Ljubljana Telephone: +386 1 428 4322 Fax: +386 1 251 7450 e-mail: smp@policija.si b) for Montenegro: For the implementation of the provisions of the Agreement and the Protocol relating to readmission: Ministry of Interior Affairs and Public Administration Administrative Internal Affairs Section Address: Bulevar Svetog Petra Cetinjskog 22 81000 Podgorica Telephone: +382 20 225 341 Fax: +382 20 203 275 E-mail: mupupravno@cg.yu For the implementation of the provisions of the Agreement and the Protocol relating to transit: Police Administration Border Police Section Address: Bulevar Svetog Petra Cetinjskog 22 81000 Podgorica Telephone: +382 20 202 896 Fax: +382 20 246 526 (Operation and Communication Centre of Police Administration), +382 20 241 755 (Border Police Section) E-mail: odsjekkpdg@cg.yu

(2)The competent authorities shall keep each other informed of all data required for mutual communication.

(3)Announcements and readmission or transit applications as well as responses shall be sent by the competent authorities in writing by fax, regular post or e-mail. Return, readmission and transit of persons shall be conducted at the following border crossing points: a) in the Republic of Slovenia: International Border Crossing Point Obrežje, International Border Crossing Point Jelšane and Border Crossing Point for International Air Traffic Ljubljana – Brnik at the Ljubljana Jože Pučnik airport; b) in Montenegro: International Border Crossing Point Debeli Brijeg, International Border Crossing Point Ilino and International Border Crossing Point Airport Podgorica.

(1)In implementing this Protocol, each Contracting Party shall use the official language of its country, unless agreed otherwise on a case-by-case basis.

(2)The Contracting Parties may amend this Protocol by mutual agreement.

(1)This Protocol shall be subject to ratification or approval. Following the receipt of the last notification of the completion of internal legal procedures required for its entry into force, the competent authority of the Slovenian contracting Party shall notify the Readmission Committee referred to in Article 18 of the Agreement.

(2)The Protocol shall enter into force when the Readmission Committee acknowledges the receipt of the notification, and the Slovenian Contracting Party shall immediately inform the Montenegrin Contracting Party thereof.

(3)The Protocol shall cease to have effect on the same day as the Agreement. Done at Podgorica on 9 may 2008 in two original copies in the Slovenian, Montenegrin and English languages, all texts being equally authentic. In the case of divergence in the interpretation, the English test shall prevail. For the Government of the Republic of Slovenia Dragutin Mate s. For the Government of Montenegro Jusuf Kalamperović s.