16. člen

(1)Ta protokol se sklene za nedoločen čas.

(2)Ta protokol je predmet ratifikacije, sprejema, odobritve ali drugega postopka po notranji zakonodaji. Po prejemu zadnjega uradnega obvestila o končanih notranjepravnih postopkih, potrebnih za njegovo uveljavitev, pristojni organ slovenske pogodbenice o tem uradno obvesti Skupni odbor za ponovni sprejem iz 18. člena Sporazuma o ponovnem sprejemu.

(3)Protokol začne veljati, ko Skupni odbor za ponovni sprejem potrdi prejem uradnega obvestila, o čemer slovenska pogodbenica takoj obvesti moldovsko pogodbenico.

(4)Pogodbenici lahko ta protokol sporazumno spremenita. Spremembe začnejo veljati skladno s tretjim odstavkom tega člena.

(5)Vsaka pogodbenica lahko ta protokol pisno odpove po diplomatski poti. V tem primeru se protokol preneha uporabljati šest mesecev po datumu prejema pisnega uradnega obvestila.

(6)Ta protokol preneha veljati hkrati s Sporazumom o ponovnem sprejemu. Sklenjeno na Brdu pri Kranju, 11. 11. 2014 v dveh izvirnikih v slovenskem, romunskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri razlikah v razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Vesna Györkös Žnidar l.r. Za Vlado Republike Moldove Serghei Diaconu l.r. The Government of the Republic of Slovenia and the Government of the Republic of Moldova, hereinafter referred to as "the Parties”, desiring to facilitate the implementation of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation done at Brussels on 10 October 2007 (hereinafter referred to as "Readmission Agreement") on the basis of its Article 19, have agreed as follows: Pursuant to Article 1, lit. l and Article 19, paragraph 1, lit. a of the Readmission Agreement, the Parties have designated the following competent authorities for the receipt, submission and processing of readmission applications and transit applications: 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 1 428 4779 e-mail: smp@policija.si For the Republic of Moldova: Ministry of Internal Affairs Bureau for Migration and Asylum 124, Ştefan cel Mare Bvd. tel/fax. +373 22 265618, tel/ fax. +373 22 272203, e-mail: readmission@bma.gov.md Pursuant to Article 19, paragraph 1 lit. a of the Readmission Agreement, readmission and transit may take place at the following border crossing points: In the Republic of Slovenia: Border Crossing Point for International Air Traffic Ljubljana – Brnik at the Ljubljana Jože Pučnik Airport, International Border Crossing Point Obrežje and International Border Crossing Point Gruškovje In the Republic of Moldova International Airport Chişinau and Border crossing point Leuşeni-Albiţa. Pursuant to Article 8, paragraph 1 and Article 19, paragraph 1 lit. d of the Readmission Agreement, the competent authorities of the Parties may communicate to each other the biometrical data and other data of the person to be readmitted as further means of evidence regarding nationality.

(1)The competent authorities of the parties shall use fax or official electronic mail for the submission, receipt of and reply to the readmission application and transit application.

(2)The transmission report or electronic receipt, if official electronic mail is used, shall serve as proof of submission, receipt of or reply to the readmission application and transit application.

(3)Transit application shall be transmitted at least 8 working days prior to the planned transit.

(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 of the impediments as it occurs and shall indicate the envisaged location and time of transfer. The competent authorities of the Parties mutually agree to perform readmission under the accelerated procedure subject to the requirements of Article 6, paragraph 3 and Article 10, paragraph 2 of the Readmission Agreement. The Parties shall carry out the transfer under the accelerated procedure within the shortest possible time. Pursuant to Article 19, paragraph 1 lit. c of the Readmission Agreement, the Parties agree to the following conditions relating to escorted transfers or transit in their respective territories: – The escort shall be responsible for escorting the persons to be readmitted and transferring these persons to an authorised person of the competent authority of the State of destination. – The escort shall perform his or her duties unarmed and in civilian clothing, and shall carry documents proving that readmission or transit has been approved, and shall be able at all times to prove his or her identity and official authorisation. – 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. – The escort shall in all cases be subject to the legislation of the requested Party. The powers of the escort while 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 danger, 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. – The escort shall carry the travel document and other required certificates or personal data of the person to be readmitted, and shall hand them over to the representative of the competent authority of the State of destination. The escort must not leave the agreed location of transfer before the transfer of the person to be readmitted is completed. – The competent authorities of the requesting Party shall ensure that the escort possesses the entry visas to the State(s) of transit and destination if required.

(1)In accordance with Articles 13 and 14 of the Readmission Agreement, the Parties agree to the following practical modalities for transit: – A transit application (in accordance with Annex 6 to the Readmission Agreement) shall be submitted by fax or in an electronic format to the competent authority of the requested Party at least 4 working days prior to the planned transit. – The competent authority of the requested Party shall reply by fax or in an electronic format within 4 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. – If the requesting Party considers it necessary to request assistance from the competent authority of the requested Party for a particular transit operation, this shall be indicated on the transit application form (Annex 6 to the Readmission Agreement). The competent authority of the requested Party shall notify whether it is able to provide the requested assistance in its reply to the transit application. – 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 another Party.

(2)The requesting Party agrees to take back a person to be readmitted pursuant to Article 13, paragraph 4 of the Readmission Agreement without delay, if: – consent to transit was refused or withdrawn pursuant to Article 13, paragraph 3 of the Readmission Agreement; – the person to be readmitted illegally entered the territory of the requested Party during transit; – transfer of the person to be readmitted to another State of transit or destination failed; or – transit is impossible due to other reasons in accordance with Article 13, paragraph 3 lit. c of the Readmission Agreement. The Parties agree that the requesting Party shall take back any person upon the duly motivated request by the requested Party if it is established subsequently that the readmission requirements were not met. In cases of readmission in error all documents concerning the person shall be returned in the original to the competent authorities of the requesting Party. Transportation and additional costs relating to readmission and transit shall be borne in euro by the requesting Party pursuant to Article 15 of the Readmission Agreement within 30 days after submission of the evidence of costs. The competent authorities of both Parties shall arrange meetings of experts as necessary, particularly regarding the implementation of the Readmission Agreement and this Protocol. The time and location of such consultations shall be decided upon by mutual agreement. The Parties shall use the English language in the procedures carried out under the Readmission Agreement and this Protocol. The Parties shall notify each other through diplomatic channels of any changes in the contact details of the competent authorities referred to in Article 1 and the border crossing points referred to in Article 2 of this Protocol. This Protocol shall not affect any obligations of the Parties resulting from other international agreements.

(1)Any disputes arising from the interpretation or application of this Protocol shall be settled by meetings of experts pursuant to Article 11 of this Protocol.

(2)If disputes can not be settled in accordance with paragraph 1 of this Article, they shall be settled by the Parties through diplomatic channels.

(1)This Protocol is concluded for an indefinite period of time.

(2)This protocol shall be subject to ratification, acceptance, approval or other required internal procedure. 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 Party shall notify the Joint Readmission Committee referred to in Article 18 of the Readmission Agreement.

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

(4)Both Parties may modify and amend this Protocol by mutual agreement. Modifications and amendments shall enter into force in accordance with paragraph 3 of this Article.

(5)Each Party may denounce this Protocol in writing through diplomatic channels. In this case the Protocol shall cease to apply six months after the date of receipt of the written notification.

(6)This Protocol shall cease to apply at the same time as the Readmission Agreement. Done at Brdo pri Kranju, 11 November 2014 in duplicate in the Slovenian, Romanian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Vesna Györkös Žnidar (s) For the Government of the Republic of Moldova Serghei Diaconu (s)