(1) The Contracting Parties should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the country of destination directly.
(2) The Contracting Parties shall permit the transit of third-country nationals or stateless persons by air under escort through their respective territories if the other Contracting Party so requests and their transit through the possible states of transit and their entry into the state of destination is guaranteed. In this case, the visa of the requested Contracting Party shall not be required.
(3) The requesting Contracting Party shall assume full responsibility for taking back the person referred to in paragraph (1) if, for any reason, his/her transit or entry into the state of destination cannot be carried out.
(4) The transit of third-country nationals or stateless persons shall take place only through border crossing points authorized by the Contracting Parties for the crossing of their respective borders.
(5) Transit shall not be requested or it may be denied if it may be validly assumed that:
(a) the third-country national or stateless persons concerned poses a threat to national security, public order, public health or international relations of the requested Contracting Party; or
(b) the third-country national or stateless persons concerned 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/her race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another state of transit; or
(c) if the third-country nationals or stateless persons concerned shall be subject to criminal sanctions in the requested Contracting Party or in another state of transit except criminal sanctions against illegal border crossing.
(6) The requesting Contracting Party shall provide for all the valid permissions and valid tickets required for travelling to the State of destination and through the territories of the possible States of transit as well as the statement of admission from the State of destination.
(1) An application for transit operations must be submitted to the competent authority of the requested Contracting Party in writing and is to contain the following information:
(a) type of transit (by air, land), route of transit, other States of transit, if any, and the State of final destination;
(b) the particulars of the person concerned (given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and where possible – place of birth, nationality, language, type and number of travel document);
(c) envisaged point of entry, time of transfer and possible use of escorts;
(d) a declaration that in the view of the requesting Contracting Party the conditions pursuant to Article 7(3) are met, and that no reasons for a refusal pursuant to Article 7(5) are known of.
A common form to be used for transit applications is attached as Annex 7 to this Agreement.
(2) The requested Contracting Party shall, within 10 (ten) calendar days after receiving the application and in writing, inform the requesting Contracting Party of its consent to the transit operation, confirming the point of entry and the envisaged time of admission, or inform it of the transit refusal and of the reasons for such refusal.
(3) If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
(4) The competent authorities of the requested Contracting Party shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
(1) The costs of transporting persons to be readmitted pursuant to Articles 1 and 2 up to the State border of the requested Contracting Party and the costs of an eventual repeated readmission shall be borne by the requesting Contracting Party.
(2) In case of readmission in error in accordance with Article 3 of this Agreement, the requesting Contracting Party shall cover all costs incurred in connection with readmission.
(3) In accordance with the provisions of Articles 7 and 8 of this Agreement, all costs arising from the transit of third-country nationals or stateless persons under escorts and from eventual repeated readmission shall be borne by the requesting Contracting Party.
(1) The processing and treatment of personal data necessary for the implementation of this Agreement shall be subject to the national laws of Contracting Parties and to the provisions of this Agreement.
(2) The following principles shall apply for the protection of personal data:
(a) The range of data requested, the purpose and legal basis of their use shall be indicated in the request for the transfer of personal data. Upon the application of the transferring Contracting Party, the receiving Contracting Party shall furnish information on the use of the personal data transferred;
(b) Personal data may be passed exclusively to the competent authorities responsible for the implementation of this Agreement. Transmission of the data to other authorities may be carried out only with the prior written consent of the transferring Contracting Party.
(c) The transferring Contracting Party shall be responsible for the validity and accuracy of the data transferred. Should it be established that erroneous data or data that should not have been transferred were transferred, the receiving Contracting Party shall be immediately notified of this fact and this Party shall take immediate steps to correct erroneous data or delete the data that should not have been transferred.
(d) Upon his/her application, information shall be provided to the person concerned about the data processed in relation to his/her person, the purpose of planned use and to whom his/her data were transferred and for what purpose. The obligation providing information may only be refused if that is permitted by the domestic legislation of the transferring Contracting Party. The person concerned may request the correction or deletion of his/her personal data if it is established that erroneous data or data that should not have been transferred were transferred.
(e) The transferring Contracting Party shall communicate the time limits for deleting data specified in its domestic legislation on data protection in force. The data received shall be deleted if the purpose of use indicated upon the transfer is implemented, the due date enabling the processing of data according to the laws of the transferring Contracting Party has expired or the transferring Contracting Party requests their deletion.
(f) The Contracting Parties shall maintain records of the transfer, receipt and deletion of personal data, which shall contain the names of the agency and the person transferring and receiving the data as well as the fact and the date of transfer (reception) and of deletion of data.
(3) The Contracting Parties may transfer exclusively the following personal data to one another:
(a) the particulars of the person concerned and, if necessary, of the members of his/her family (surnames, given names, any previous names, other names used/by which known or aliases, mother’s/father’s name, place and date of birth, sex, current and any previous nationality and residence);
(b) data of the passport or any other travel document or the identity card (number, date of issuance, issuing authority, place of issuance, period of validity);
(c) data of any visa or residency permit issued by the competent authorities of either of the Contracting Parties or a third country;
(d) list of acts violating the rules for entry into and reside on the territory of the requesting Contracting Party;
(e) acts constituting legal impediments to readmission or transit;
(f) data concerning the planned date and place of readmission/transfer, indicating the route;
(g) in case of third-country nationals the data of the present or earlier asylum application or application for stateless status as well as the recognition of refugee status or statelessness.
(1) This Agreement shall be without prejudice to the rights, obligations and responsibilities of each Contracting Party arising from International Law or Conventions, directly or indirectly and, in particular, from:
– the Universal Declaration of Human Rights of 10 December 1948,
– the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms,
– the Convention of 28 July 1951 and the Protocol of 31 January 1967 on the Status of Refugees,
– the International Covenant on Civil and Political Rights of 19 December 1966 and
– international instruments on extradition.
(2) This Agreement shall be without prejudice to the obligations and responsibilities of Hungary arising from its membership of the European Union. The provisions of this Agreement shall not be quoted or interpreted in part or in full as abrogating, amending or prejudicing in any way the obligations and responsibilities of Hungary arising in particular from the Accession Treaty, the Treaty on European Union and the Treaty on the functioning of the European Union, and generally the primary and secondary legislation of the European Union.
(3) Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
(4) This Agreement shall not apply in the case of extradition and legal aid aimed at transferring the sentenced persons between the States of the Contracting Parties.
The implementation of this Agreement shall be regulated by the ministers responsible of the Contracting Parties in an Implementing Protocol in which they shall specify in particular:
(a) designation of the competent authorities and ways of mutual communication;
(b) international border crossing points designated for the readmission or transit of persons;
(c) detailed rules of the readmission procedure,
(d) modalities and rules of the reimbursement of costs specified in Article 9 of this Agreement.
The competent authoritíes of the Contracting Parties shall settle any disputes that may arise regarding the interpretation or application of this Agreement amicably, by way of direct negotiations, should they be unsuccessful, then through diplomatic channels.
(1) With the exception of the provisions contained in Article 1, either of the Contracting Parties may suspend the application of this Agreement in part or in full for a temporary period for reasons of public order, public security or public health.
(2) The Contracting Parties shall immediately notify each other through diplomatic channels on the introduction and termination of the measures referred to in paragraph (1). The suspension of application of the Agreement shall become effective on the day following the receipt of the relevant diplomatic note by the other Contracting Party.
(1) This Agreement is concluded for an unlimited period of time.
(2) This Agreement 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 the expression of their consent to be bound by the Agreement.
(3) This Agreement may be amended by mutual consent of the Contracting Parties.
(4) Either of the Contracting Parties may denounce this Agreement in writing via diplomatic channels. The Agreement shall cease to be in force on the sixtieth (60th) day following receipt of the notification on denunciation by the other Contracting Party.
(5) Annexes 1 to 8 shall form an integral part of this Agreement.
Done at .............................................., on the ......... day of ............., .............. in two original copies, in Hungarian, Albanian, Serbian and English languages; all texts being equally authentic. In case of differences in the interpretation of the Agreement, the English text shall prevail.
| For the Government of Hungary | For the Government of the Republic of Kosovo |
For the Republic of Hungary:
– passports of any kind (ordinary passports, diplomatic passports, official passports)
– national identity cards (including temporary and provisional ID cards)
– citizenship certificates
– birth certificates
– seaman’s passport
For the Republic of Kosovo:
– passports of any kind (ordinary passports, diplomatic passports, official passports)
– national identity cards
– citizenship certificates
– birth certificates
For Hungary:
– expired documents listed in Annex 1 to this Agreement
– photocopies of any of the documents listed in Annex 1 to this Agreement,
– driving licenses or photocopies thereof,
– military service booklets
– statements by witnesses,
– statements made by the person concerned and language spoken by him or her, including the results of any official test conducted to establish the person’s nationality. For the purpose of this Annex, the term „official test” is defined as a test commissioned or conducted by the authorities of the requesting State and validated by the requested State,
– Personal biometric data such as fingerprints, eye retinas and irises, voice patterns, facial patterns and hand measurements data or result of a DNA test,
– a positive response dating from over one year ago to the readmission application,
– any other document which may help to establish the nationality of the person concerned,
For the Republic of Kosovo:
– expired documents listed in Annex 1 to this Agreement;
– photocopies of any of the documents listed in Annex 1 to this Agreement,
– driving licenses issued by the Republic of Kosovo or by the United Nations Interim Administration Mission in Kosovo (UNMIK) or photocopies thereof,
– Travel documents issued by the United Nations Interim Administration Mission in Kosovo (UNMIK) or photocopies thereof
– identity cards issued by the United Nations Interim Administration Mission in Kosovo (UNMIK) or photocopies thereof
– Birth certificate issued by the United Nations Interim Administration Mission in Kosovo (UNMIK) or photocopies thereof
– identity card issued by the Kosovo Security Force
– statements by witnesses,
– statements made by the person concerned and language spoken by him or her, including the results of any official test conducted to establish the person’s nationality. For the purpose of this Annex, the term „official test” is defined as a test commissioned or conducted by the authorities of the requesting State and validated by the requested State,
– Personal biometric data such as fingerprints, eye retinas and irises, voice patterns, facial patterns and hand measurements data or result of a DNA test,
– a positive response dating from over one year ago to the readmission application,
– any other document which may help to presume the nationality of the person concerned,
– valid visa and/or residence authorization issued by the requested Contracting Party,
– entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure,
– official statements made, in particular, by border authority staff of the Requesting State and other witnesses who can testify to the person concerned crossing the border,
– named tickets of air, train, coach passages, which testify to the presence and the itinerary of the person concerned from the territory of the requested Contracting Party directly to the territory of the requesting Contracting Party,
– passenger lists of air, train, coach passages which testify to the presence and the itinerary of the person concerned from the territory of the requested Contracting Party directly to the territory of the requesting Contracting Party,
– information showing that the person concerned has used the services of a courier or travel agency,
– official statements by the person concerned in judicial or administrative proceedings.
– Photocopies of valid visa and/or residence permit issued by the requested Contracting Party,
– Photocopies of entry/departure stamps or similar endorsement in the travel document of the person concemed or other evidence of entry/departure,
– documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts, etc.) which clearly show that the person concemed stayed on the territory of the requested Contracting Party,
– description issued by the relevant authorities of the requesting Contracting Party, of place and circumstances under which the person concerned has been intercepted after entering the territory of that Contracting Party,
– information related to the identity and/or stay of a person which has been provided by an international authorities or non-governmental organization,
– reports/confirmation of information by family members, travelling agencies, etc.,
– statement by the person concerned.
– birth certificates issued by the former Socialist Federal Republic of Yugoslavia and former Federal Republic of Yugoslavia (issued before 10 June 1999) within the territory of the Republic of Kosovo, or photocopies thereof,
– driving licenses issued by the former Socialist Federal Republic of Yugoslavia and former Federal Republic of Yugoslavia (issued before 10 June 1999) within the territory of the Republic of Kosovo, or photocopies thereof,
– any other document proofing place of birth or permanent residence in the territory of the Republic of Kosovo issued by the former Socialist Federal Republic of Yugoslavia and former Federal Republic of Yugoslavia (issued before 10 June 1999) within the territory of the Republic of Kosovo, or photocopies thereof,
– other documents or certificates or photocopies thereof which point to place of birth or permanent residence in the territory of the Republic of Kosovo,
– official statement by the person concerned in judicial or administrative proceedings.
| [Emblem of the requesting Contracting Party] | [Emblem of the requested Contracting Party] | |
| ......................................................................................... (Designation of requesting authority) | ......................................................................................... (Place and date) | |
| Reference: ... ...................................................................... To | ||
| ......................................................................................... (Designation of the requested authority) |
READMISSION APPLICATION
pursuant to Article 4 of the Agreement between the Government of Hungary and the Government of the Republic of Kosovo on the readmission of persons residing illegally on the territory of their States
A. PERSONAL DETAILS
Photograph
1. Full name (underline surname):
..............................................................................
2. Maiden name:
..............................................................................
3. Mother’s/father’s name
..............................................................................
4. Date and place of birth:
..............................................................................
5. Address of residence in the State of origin or permanent residence (if known):
..............................................................................
6. Nationality and language:
..............................................................................
7. Civil status:
married
single
divorced
widowed
If married:
name of spouse: ...........................................................
Names and age of children (if any): ................................
8. Sex and physical description (height, colour of eyes, distinguishing marks, etc.):
..............................................................................
9. Also known as (earlier names, other names used/by which known or aliases):
..............................................................................
10. Address in the requesting Contracting Party:
..............................................................................
B. MEANS OF EVIDENCE ATTACHED
1. ........................................................................
(Passport No)
..............................................................................
(date and place of issue)
(issuing authority)
..............................................................................
(expiry date)
..............................................................................
2. .........................................................................
(Identity card No)
..............................................................................
(date and place of issue)
..............................................................................
(issuing authority)
..............................................................................
(expiry date)
3. .........................................................................
(Driving licence No)
..............................................................................
(date and place of issue)
..............................................................................
(issuing authority)
..............................................................................
(expiry date)
4. .........................................................................
(Other official document No)
..............................................................................
(date and place of issue)
..............................................................................
(issuing authority)
..............................................................................
(expiry date)
C. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE
1. State of health
(e.g. possible reference to special medical care; Latin name of disease):
................................................................................................................................................................
2. Indication of particularly dangerous person
(e.g. suspected of serious offence; aggressive behaviour):
................................................................................................................................................................
D. OBSERVATIONS
................................................................................................................................................................
...................................................................................
(Signature/Stamp)
| [Emblem of the requesting Contracting Party] | [Emblem of the requested Contracting Party] | |
| ..................................................................................... (Designation of requesting authority) | ..................................................................................... (Place and date) | |
| Reference: ... ....................................................... To | ||
| ................................................................................... (Designation of the requested authority) |
TRANSIT APPLICATION
pursuant to Article 8 of the Agreement between the Government of Hungary and the Government of the Republic of Kosovo on the readmission of persons residing illegally on the territory of their States
A. PERSONAL DETAILS
Photograph
1. Full name (underline surname):
..............................................................................
2. Maiden name:
..............................................................................
3. Date and place of birth:
..............................................................................
4. Sex and physical description (height, colour of eyes, distinguishing marks etc.):
..............................................................................
5. Nationality and language:
..............................................................................
6. Also known as (earlier names, other names used/by which known or aliases):
7. Type and number of travel document:
..............................................................................
B. TRANSIT OPERATION
1. Type of transit
| ria yb | dnal yb |
2. State of final destination
................................................................................................................................................................
3. Possible other States of transit
................................................................................................................................................................
................................................................................................................................................................
4. Proposed border crossing point, date, time of transfer and possible escorts
................................................................................................................................................................
................................................................................................................................................................
5. Admission guaranteed in any other transit State and in the State of final destination
| sey | on |
6. Knowledge of any reason for a refusal of transit
| sey | on |
C. OBSERVATION
................................................................................................................................................................
........................................................................................
(Signature /Stamp)
NO. 000
Republika e Kosovës
Republika Kosova-Republic of Kosovo
Qeveria – Vlada-Government
Ministria e Punëve te Brendshme-Ministarstvo Unutasnjih Poslova-Ministry of Internal Affairs
| ................................................................................................... | |||||
| Arsyet e lëshimit te fletudhëtimit për te Huaj Reasons for issuance of your Travel Document Razlozi izdavanja putne isprave za strance | |||||
| ................................................................................................... | |||||
| Destinacioni i udhëtimit Travel destination Odredište putovanja | |||||
| ................................................................................................... | |||||
| Emri dhe Mbiemri (mbiemri i vajzërisë) Name and Surname (maiden name) Ime i prezime (devojačko prezime) | |||||
| ................................................................................................... | |||||
| Vendi dhe data e lindjes Place and date of birth Mesto i datum rodenja | |||||
| ................................................................................................... | |||||
| Shtetësia Citizenship Državljanstvo | |||||
| Për fëmijët nen moshën 16 vjeçare/For children under 16/serbisht/ Za decu ispod 16 godina/engleski/srpski: | |||||
| EMRI DHE MBIEMRI NAME AND SURNAME IME I PREZIME | VENDI DHE DATA E LINDJES PLACE AND DATE OF BIRTH MESTO I DATUM ROĐENJA | ||||
| Data e lëshiinit dhe skadimit te fletudhëtimi për te huaj. Date of issuance and expiry date of yow Travel Document Datum izdavanja i isteka roka putne isprave za strance | |||||
| Organi Kompetens për Lëshim Competent issuing authority Nadležni organ za izdavanje | Department for Border,Asylum and Migracion – MIA | ||||
| ........................................................................ Vula dhe nënshkrimi i personit zyrtar Stamp and Signature of the Official Pečat i potpis službenog lica | |||||
| Viza/Visa/Visa” | |||||
4. § (1) E törvény – a (2) bekezdésben meghatározott kivétellel – a kihirdetését követő napon lép hatályba.
(2) E törvény 2. és 3. §-a a Megállapodás 15. cikk (2) bekezdésében meghatározott időpontban lép hatályba.
(3) A Megállapodás, illetve e törvény 2. és 3. §-a hatálybalépésének naptári napját a külpolitikáért felelős miniszter annak ismertté válását követően a Magyar Közlönyben haladéktalanul közzétett közleményével állapítja meg.
(4) E törvény végrehajtásához szükséges intézkedésekről az idegenrendészetért és menekültügyért felelős miniszter gondoskodik.
