13. člen BXKSOPN

Ta protokol začne in preneha veljati isti dan kot sporazum. Sestavljeno v Prištini 10. maja 2011 v dveh izvirnikih v slovenskem, albanskem, srbskem in angleškem jeziku, pri čemer so vsa besedila enakovredna. Pri razlikah v razlagi prevlada angleško besedilo. ZA VLADO REPUBLIKE SLOVENIJE Katarina Kresal l.r. ZA VLADO REPUBLIKE KOSOVO Bajram Rexhepi l.r.

(1)Besedilo sporazuma in protokola v albanskem in srbskem jeziku je na vpogled v Sektorju za mednarodno pravo Ministrstva za zunanje zadeve. The Government of the Republic of Slovenia and the Government of the Republic of Kosovo (hereinafter referred to as the Contracting Parties) – desiring to strengthen their cooperation, convinced that this Agreement constitutes an adequate basis for the admission of persons residing without authorisation, in accordance with applicable laws of both Contracting Parties and international treaties to which they are Parties, desiring to prevent illegal migration – have agreed as follows:

(1)Each Contracting Party shall, upon request by the other Contracting Party, admit to its territory any person who does not, or who no longer, fulfils the conditions in force for entry to, or residence on, the territory of the requesting Contracting Party, provided that it is proved that such a person is a national of the requested Contracting Party.

(2)Nationality shall be proved on the basis of documents laid down in the Protocol between the Government of the Republic of Slovenia and the Government of the Republic of Kosovo on the implementation of the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Kosovo on the admission of persons residing without authorisation (hereinafter referred to as the Protocol).

(3)Provided that nationality is proved on the basis of the documents laid down in the Protocol, the requesting Contracting Party shall communicate to the requested Contracting Party an admission notice, and the requested Contracting Party shall immediately, but not later than within 5 working days, confirm admission in writing.

(4)The Contracting Parties shall agree to apply the same conditions for the re-admission of a person if it is subsequently determined that the person was not a national of the requested Contracting Party at admission.

(1)Each Contracting Party shall admit to its territory any person from the territory of the other Contracting Party who does not, or who no longer, fulfils the conditions in force for entry to, or residence on, the territory of that Contracting Party, and who is assumed and, during the admission procedure upon application, proved to be a national of the requested Contracting Party.

(2)If the assumption of nationality is based on documents laid down in the Protocol, the requesting Contracting Party shall, together with the application, present copies of personal identity documents and other supporting documents available, in addition to all other information relevant to the process for establishing nationality.

(3)The requested Contracting Party shall establish the nationality of the person to be admitted in accordance with its national laws.

(4)The requested Contracting Party shall reply to the other Contracting Party's admission application forthwith, but not later than thirty days following receipt of the application.

(5)Upon receipt of a positive reply to the admission application, the requesting Contracting Party shall communicate the reply to the Diplomatic Mission or Consulate of the requested Contracting Party, which shall issue the travel document required for the return of the person.

(6)The travel document required for the return shall be issued immediately, but not later than within five working days.

(7)The Contracting Parties shall agree to apply the same conditions for the re-admission of a person if it is subsequently determined that the person was not a national of the requested Contracting Party at admission.

(1)Each Contracting Party shall, upon request by the other Contracting Party, admit to its territory any third-country national or stateless person who does not, or who no longer, fulfils the conditions in force for entry to, or residence on, the territory of the requesting Contracting Party, provided that it is proved, or may be validly assumed that the person entered the territory of the requesting Contracting Party after having resided, stayed on or transited by air through the territory of the requested Contracting Party.

(2)The application for admission of a third-country national or stateless person pursuant to this Article shall be issued no later than three months after the requesting Contracting Party has established unlawful presence of the third-country national or stateless person on its territory.

(3)The requesting Contracting Party shall re-admit without formalities any person, for whom the other Contracting Party has established in investigation following admission that he or she did not fulfil the conditions laid down in this Article, and any person that the other Contracting Party was not obliged to admit pursuant to Article 4 of this Agreement. The admission obligation pursuant to Article 3 shall not apply to: a) nationals of third countries with a common border with the requesting Contracting Party; b) a third-country national or stateless person in possession of a visa or residence permit, issued to that person by the requesting Contracting Party upon leaving the territory of the requested Contracting Party or upon entering the territory of the requesting Contracting Party; c) third-country nationals or stateless persons having resided on the territory of the requesting Contracting Party for more than twelve months prior to submitting the admission application; d) a third-country national or stateless person to whom the requesting Contracting Party has granted the status of a refugee pursuant to the Convention on the Status of Refugees as adopted in Geneva on 28 July 1951, and the Protocol on the Status of Refugees as adopted in New York on 31 January 1967, or the status of a stateless person by the requesting Contracting Party, pursuant to the Convention relating to the status of stateless persons as adopted in New York on 28 September 1954; e) a third-country national or stateless person having initiated a procedure in the requesting Contracting Party for formal recognition of their status as a refugee pursuant to the Convention on the Status of Refugees as adopted in Geneva on 28 July 1951, and the Protocol on the Status of Refugees as adopted in New York on 31 January 1967, until the adoption of a final decision in that regard.

(1)Each Contracting Party shall allow the transit of a third-country national or stateless person upon request of the other Contracting Party, if the requesting Contracting Party can prove that admission will be guaranteed in the State of final destination or in the next transit State. The foreign national whose transit has been authorised shall be exempted from having to obtain a transit visa.

(2)The requesting Contracting party shall provide evidence from the previous paragraph together with the written transit application.

(3)Escorted transit of a person through the territory of the requested Contracting Party shall be subject to the rules in force in that requested Contracting Party.

(4)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 admission by the destination country has not been guaranteed. The requesting Contracting Party shall lodge an application for transit through the territory of the other Contracting Party with the competent authority of that other Contracting Party. The content of the application and the information regarding transit to be included are laid down in the Protocol. The requesting Contracting Party shall inform the other Contracting Party if the person in transit is to be escorted. For the purpose of transit, the requested Contracting Party may decide to: a) carry out the transit operations on its territory by itself; b) carry out the transit operations in cooperation with the requesting Contracting Party; c) authorise the requesting Contracting Party to carry out the transit operations through its territory.

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

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

(1)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.

(2)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.

(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 Agreement 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. Police officers of the requesting Contracting Party who perform their tasks under this Agreement 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 Agreement, the requesting Contracting Party is responsible for paying the compensation due, without seeking redress from the requested Contracting Party. Transit may be refused: a) if the person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, ethnicity, membership of a particular social group or political conviction in the State of destination or another State of transit; b) if the person shall be subject to criminal sanctions in the State of destination or in another State of transit, excluding sanctions for illegal crossing of the state border; c) for reasons of public health, domestic security or public order of the Requested Contracting Party. The processing and protection of personal data communicated between the Contracting Parties in order to implement this agreement shall be subject to rules regarding data protection in force in both Contracting Parties, to the Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data as adopted in Strasbourg on 28 January 1981, and to the following conditions: a) the Contracting Parties may only use personal data for the purpose provided in this Agreement; b) a Contracting Party must, upon request by the other Contracting Party, inform the latter of the use of communicated personal data; c) communicated personal data may only be handled by competent authorities responsible for the implementation of this Agreement. Further communication to other bodies requires the prior written consent of the communicating Contracting Party; d) the accuracy of communicated personal data shall be guaranteed by the communicating Contracting Party. In the event that personal data is communicated that is inaccurate or should not have been communicated, the receiving Contracting Party shall be notified forthwith and called upon to correct or destroy the data; e) The Contracting Parties are under obligation to keep a written record of the communication and receipt of personal data.

(1)Transport costs and any other costs incurred in connection with the admission as far as the state border of the other Contracting Party shall be borne by the requesting Contracting Party.

(2)In cases referred to in Article 1 paragraph 4, in Article 2 paragraph 7, and in Article 3 paragraph 3, all costs shall be borne by the Contracting Party of re-admission.

(3)All costs incurred in connection with the transit of third-country nationals and stateless persons referred to in Chapter III of this Agreement shall be borne by the requesting Contracting Party.

(1)Any disputes concerning the interpretation or application of this Agreement shall be settled by consultation between competent authorities of both Contracting Parties or, if necessary, in expert meetings as agreed by both Contracting Parties.

(2)In the event that the dispute cannot be settled pursuant to the previous paragraph, it shall be settled through diplomatic channels. A protocol shall be concluded for the purpose of the implementation of this Agreement.

(1)This agreement shall be without prejudice to the obligations and responsibilities of the Contracting Parties arising from other international agreements.

(2)This Agreement shall be without prejudice to the application of the Convention on the Status of Refugees as adopted in Geneva on 28 July 1951, the Protocol on the Status of Refugees as adopted in New York on 31 January 1967, and the European Convention for the Protection of Human Rights and Fundamental Freedoms as adopted in Rome on 4 November 1950.

(3)This Agreement is not applicable with regard to judicial assistance in extradition procedures in criminal matters.

(1)Each Contracting Party may completely or partly, temporarily suspend the implementation of this Agreement for reasons of domestic security, protection of public order or public health.

(2)Temporary suspension shall enter into force upon receipt of an official notification by the other Contracting Party.

(1)This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that internal legal procedures necessary for the entry into force of this Agreement have been completed.

(2)This Agreement is concluded for an unlimited period. Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply on the first day of the third month following the date of such notification. Upon the entry into force of the Agreement, the Government of the Republic of Slovenia shall register the Agreement with the Secretariat of the United Nations under Article 102 of the Charter of the United Nations and shall notify the Government of the Republic of Kosovo of its registration and registration number immediately after receiving the certificate of registration. Done at Pristina on 10 May 2011 in two original copies in the Slovenian, Albanian, Serbian and English languages, all texts being equally authentic. In the case of divergence in the interpretation, the English text shall prevail. FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA Katarina Kresal (s) FOR THE GOVERNMENT OF THE REPUBLIC OF KOSOVO Bajram Rexhepi (s) Pursuant to Article 16 of the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Kosovo on the admission of persons residing without authorisation, done at Pristina on 10 may 2011 (hereinafter referred to as the Agreement), the Government of the Republic of Slovenia and the Government of the Republic of Kosovo (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 one of the following valid public documents: a) for the Republic of Slovenia: – passport, – travel document for return, – identity card, – seaman’s registration book, – citizenship certificate with another valid official document with a photograph; b) for the Republic of Kosovo: – birth certificate, – citizenship certificate, – identity card, – passport of any type.

(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) for the Republic of Slovenia: – photocopies of the documents listed in Article 1 point a) of the Protocol; – documents listed in Article 1 of the Protocol the period of validity of which has expired and photocopies thereof; – a birth certificate or a photocopy thereof; – a driving licence or a photocopy thereof; – any document issued by state authorities; – any valid document that proves membership of the armed forces or the police force of a Contracting Party; – a statement from the person in question or from a trustworthy witness entered in the official records; – comparison of fingerprints entered in the records of the other Contracting Party; b) for the Republic of Kosovo: – Expired documents listed in Article 1 point b) or photocopies thereof; – Driving licenses or photocopies thereof; – Birth certificates issued by UNMIK or photocopies thereof; – Travel documents and identity cards issued by UNMIK or photocopies thereof; – Kosovo Security Force booklets; – Statements by witnesses; – Written statements made by the person concerned; – Language spoken by him or her, including by means of an official test result (lingua); – Person's biometric data such as fingerprints, eye retinas and irises, voice patterns, facial patterns and hand measurements data; – Result of a DNA test; – Any other document which may help to establish the citizenship of the person concerned.

(2)Nationality shall be deemed to have been established if in the above cases the requested Contracting Party confirms it.

(1)The notice or application for admission of a person whose nationality of the Contracting Party is established or presumed shall provide the following: a) the particulars of the person to be admitted (given names, father’s name (if known), surnames, date and place of birth, and the last address of residence in the requested Contracting Party); b) a list of personal identity and other documents in the person’s possession; c) the border crossing point at which the person is to be returned and admitted and the time of return and admission.

(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)Re-admission of the person mentioned in the notice or application is subject to the prior consent of the requested Contracting Party.

(1)The entry to, residence on, or transit through the territory of the requested Contracting Party by a third-country national or stateless person, may be proved on the basis of one of the following: a) entry or departure stamps or similar endorsement made by the requested Contracting Party’s authorities in the travel document or other personal identity document of the person concerned; b) entry stamps made by the requested Contracting Party’s authorities in forged travel documents; c) stamp made by the border control at the border crossing between a third country and the requested Contracting Party, taking into account the itinerary and the date when the person to be re-admitted crossed the border; d) a valid residence permit; e) a valid visa issued by the authorities of the requested Contracting Party (excluding an unused transit visa); f) personal identity documents issued by national authorities of the requested Contracting Party, or photocopies thereof; g) used tickets issued to the person which show that the person concerned entered the territory of the requested Contracting Party.

(2)The documents listed above are considered as direct evidence of residence on, or transit through, the territory of the requested Contracting Party, but evidence to the contrary may be submitted.

(1)The entry to, residence on, or transit through the territory of the requested Contracting Party by a third-country national or stateless person, may be presumed on the basis of one of the following indirect means of evidence: a) a residence permit issued by the authorities of the requested Contracting Party, the validity of which has expired less than twelve months ago; b) a visa which has expired less than twelve months ago; c) official files issued by the authorities or institutions of the requested Contracting Party to the person during residence on, or transit through, the territory of the requested Contracting Party; d) photocopies of any of the documents listed in Article 4 of this Protocol; e) entry cards for public places; f) tickets; g) named hotel bills; h) receipts from foreign exchange offices; i) hand-written statements or statements by officials of authorities of the requesting Contracting Party, which have been recorded in the form of official notes and are verifiable; j) statements by witnesses confirming the entry of the person to the territory of the requested Contracting Party, which have been recorded by competent authorities and are verifiable; k) ascertainable information proving that the person concerned has used the services of a travel agency or persons organising illegal immigration across the state border.

(2)Indirect evidence provide basis for the assumption of residence on, or transit through, the territory of the requested Contracting Party. The competent authorities of the requested Contracting Party may challenge this evidence with evidence to the contrary or through further investigation.

(1)The admission application from Article 3 of the Agreement shall contain the following information: a) the particulars of the person to be admitted (given names, father’s name (if known), surnames, date and place of birth, nationality and the last place of residence in their country); b) personal identity documents (number, issuing authority and validity); c) place and date of entry onto the territory of the requesting Contracting Party; d) existing direct or indirect evidence of residence on, or transit through, the territory of the requested Contracting Party; e) information regarding the languages the person speaks and understands; f) proposed point of entry and time of admission.

(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.

(1)The transit application shall contain the following information on the person in transit: a) the particulars of the person to be transited (given names, surnames, date and place of birth, nationality and the last known address of residence in the State of final destination); b) type, serial number, and validity of the passport or other travel document; c) a declaration that the conditions pursuant to Article 5 of the Agreement are met, and that no reasons for a refusal pursuant to Article 12 of the Agreement are known of; d) border crossing point, envisaged time and method of transit, as well as the travel plan; e) whether an escort or any other assistance is required.

(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).

(1)The implementation of the Agreement on the admission of nationals of the Contracting Parties and of third countries, and the submission and processing of transit applications shall be within the competence of: a) for the Republic of Slovenia: The Ministry of the Interior Police General Police Directorate Uniformed Police Directorate Border Police Division Address: Štefanova ulica 2, SI-1501 Ljubljana Phone: +386 1 428 4322 Fax: +386 1 251 7450 e-mail: smp@policija.si b) for the Republic of Kosovo: For Readmission Operation Ministry of Internal Affairs Department for Citizenship, Asylum and Migration ”Luan Haradinaj” Street New Government Building of MIA 10000 Prishtinë – Kosovë Tel. +381 38 200 19 602; Fax. +381 38 200 19 590 E-mail: mpb.riatdhesimi@ks-gov.net mpb.riatdhesimi1@ks-gov.net mpb.riatdhesimi2@ks-gov.net For Transit Operation Ministry of Internal Affairs Kosovo Police Directorate of Migration and Foreigners »Luan Haradinaj« Street 10000 Prishtinë – Kosovë Tel. +381 38 50 80 1422 Fax. +381 38 50 80 1222 Email: drejtoriapermigrim@kosovopolice.com

(2)The Competent Authorities shall communicate to each other all information necessary to enable mutual communication.

(3)Notices and admission or transit applications as well as responses shall be sent by the competent authorities in writing by fax, regular post or e-mail. The return, admission 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 Gruškovje, Border Crossing Point for International Air Traffic Ljubljana – Brnik at the Ljubljana Jože Pučnik Airport, and International Railway Border Crossing Point Dobova; b) in the Republic of Kosovo: Pristina International Airport “Adem Jashari” and border crossing points Hani i Elezit, Vermica, Kulla, Merdare.

(1)For the purpose of Article 2 of the Agreement, the requesting Contracting Party shall, upon acquisition of the travel document required for the return of the person, inform the requested Contracting Party no later than three working days before the envisaged return of the person, if the person is in need of an escort or escorts.

(2)For the purpose of Article 3 of the Agreement, the requested Contracting Party shall communicate its decision to the requesting Contracting Party without delay, but certainly no later than five working days following the date of receipt of the application. Reasons shall be given in writing for the refusal of an application lodged.

(3)For the purpose of Articles 5 to 12 of the Agreement, the transit application for third-country nationals and stateless persons shall be lodged no later than five working days preceding transit by land, and no later than three working days preceding transit by air. The requested Contracting Party shall reply forthwith, but no later than two working days preceding transit by land, and no later than one working day preceding transit by air.

(1)Costs are calculated in conformity with the rules in force in the requested Contracting Party.

(2)Any costs that cannot be paid directly shall be compensated within thirty days following the date of receipt of an invoice to the bank account of the Competent Authority of the requested Contracting Party.

(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. The Protocol shall enter into force and cease to have effect on the same day as the Agreement. Done at Pristina on 10 may 2011 in two original copies in the Slovenian, Albanian, Serbian and English languages, all texts being equally authentic. In the case of divergence in the interpretation, the English text shall prevail. FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA Katarina Kresal (s) FOR THE GOVERNMENT OF THE REPUBLIC OF KOSOVO Bajram Rexhepi (s)