Agreement Between the Government of the Kingdom of Sweden and the Government of the Republic of Estonia on Readmission of Persons

Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Estonia on Readmission of Persons The Government of the Kingdom of Sweden and the Government of the Republic of Estonia, hereinafter referred to as the Contracting Parties, desirous of facilitating the readmission or transit of persons staying without authorization on the territory of the other Contracting Party, recalling the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms. in a spirit of cooperation and on the basis of reciprocity, recalling the Convention of 28 July 1951 on the States of Refugees, as amended by the Protocol of 31 January 1967, have agreed as follows:

Article 1
Definitions

For the purposes of this Agreement the following definitions shall apply:

1. Alien: a person who is neither a Swedish nor an Estonian national;

2. Entry permit: a visa, residence/work permit or other kind of document under which an alien is authorized to enter the territory of a Contracting Party.

Article 2
Readmission of nationals

1. Each Contracting Party shall, without formality, readmit a person who does not fulfil the conditions in force for entry or residence on the territory of the other Contracting Party provided that it is proved, or may be validly assumed, that he is a national of the mentioned Contracting Party. The same shall apply to a person who, without having acquired the nationality of any state, had lost the nationality of a Contracting Party since entering the territory of the other Contracting Party.

2. Upon application by a Contracting Party, the other Contracting Party shall, without delay, issue to the person to be readmitted a travel document required for his repatriation.

3. If subsequent investigations prove that the readmitted person was an alien when he departed from the territory of the requesting Contracting Party and provided that Article 3 or 4 does not apply, the requesting Contracting Party shall readmit such a person again.

Article 3
Readmission of an alien who has been refused entry

1. A Contracting Party shall, without formality, readmit an alien who, upon arrival has been refused entry into the territory of the other Contracting Party when it is proved, or can be validly assumed, that the alien has arrived directly from the territory of the requested Contracting Party. The return of the alien shall be effected without delay by the earliest available transportation facility.

2. A Contracting Party shall also, upon application, readmit an alien who has entered illicitly the territory of the other Contracting Party when it is proved, or can be validly assumed, that the alien has arrived directly form the territory of the requested Contracting Party.

Article 4
Readmission of an alien by the Contracting Party responsible for the entry

1. If an alien who has arrived in the territory of the requesting Contracting Party does not fulfil the conditions in force for entry and if that alien is in possession of a valid entry permit issued by the requested Contracting Party, that Contracting Party shall readmit the alien upon application by the requesting Contracting Party. If both Contracting Parties have issued an entry permit, responsibility shall lie with the Contracting Party the entry permit of which expires last.

2. A Contracting Party shall readmit, at the request of the other Contracting Party, a stateless alien who has arrived in the territory of the other Contracting Party with a travel document, which authorizes a stateless alien to return to the Contracting Party having issued the said document. The same shall apply to a stateless alien who, immediately before arriving in the territory of the requesting Contracting Party, has been legally residing on the territory of the other Contracting Party.

Article 5
Time limits

1. A requested Contracting Party respond to a readmission request without delay and in any case within a maximum of fifteen days.

2. The requested Contracting Party shall take charge of a person whose readmission has been agreed to without delay and in any case within a maximum of one month. Upon application by the requesting Contracting Party this time limit may be extended, should any legal or practical problems occur.

Article 6
Time limits for the expiry of a readmission obligation

A request for readmission shall be submitted to the requested Contracting Party within a period of one year after the requesting Contracting Party has established an unauthorized entry or presence by an alien on its territory.

Article 7
Transit

A Contracting Party shall allow an alien to pass through its territory in connection with the enforcement of an order of refusal of entry or expulsion or expulsion issued by a competent authority of the other Contracting Party provided that onward travel to the state of destination is assured.

Article 8
Data protection

Insofar as person data have to be communicated in order to implement this Agreement, such information may concern only the following:

1. Particulars of the person to transferred and, when necessary, of his family members, such as surname, given name, any previous name, nickname or pseudonym, alias, date and place of birth, sex, current and any previous nationality;

2. Passport, travel document, laissez-passer or any other identity document;

3. Other details needed to identify the person to be transferred;

4. Itineraries; and

5. Description of any permit issued by one of the Contracting Parties or a third state.

Article 9
Costs

1. The costs of transporting a person, referred to in Article 2, 3 and 4, shall be borne by the requesting Contracting Party as for as to the border of the other Contracting Party, unless the costs shall be borne by a transporting company.

2. The costs of transit, in accordance with Article 7 as far as to the border of the state of destination and when necessary, of return transport, shall be borne by the requesting Contracting Party.

Article 10
Implementation

1. The Contracting Parties shall notify each other, through the diplomatic channels, about the authorities and contact persons who are responsible for the implementation of this Agreement. The Contracting Parties shall also notify each other about changes relating to such authorities or contact persons.

2. The competent authorities shall meet when necessary and decide on the practical arrangements for the implementation of this Agreement.

Article 11
Relation to other international agreement

Nothing in this Agreement shall affect the rights and obligations of the Contracting Parties arising from provisions in other international agreements to which they are parties.

Article 12
Final clauses

1. This Agreement shall enter into force thirty days after the Contracting Parties have notified each other, through the diplomatic channels, that their internal requirements for the entry into force of the Agreement have been fulfilled.

2. Each Contracting Party may temporarily suspend the implementation, in whole or in part, with the exception of Article 2, of this Agreement for reasons of public order, through written communication to the other Contracting Party. The suspension may enter into force immediately.

3. This Agreement may be denounced by each Contracting Party by notification in writing, the denunciation taking effect one month after the date of the notification.

Done at Stockholm on 25 March, 1997 in two originals, in Swedish, Estonian and English, all texts being equally authentic. In case of difference of interpretation the English text shall prevail.

For the Government of the Kingdom of Sweden

For the Government of the Republic of Estonia

  AGREED MINUTES
25 March 1997 Representatives of the Government of the Republic of Estonia and the Government of the of the Kingdom of Sweden met in Stockholm on 25 March, 1997 to sign two agreements between their countries, one on the readmission of persons and the other on the reciprocal abolition of visas. The Estonian side was represented by Mr. Toomas Hendrik Ilves, Minister of Foreign Affairs. The Swedish side was represented by Mr. Pierre Schori, Minister for International Development Cooperation. Migration and Asylum Policy, Deputy Minister for Foreign Affairs. The two representatives recalled the negotiations held in Stockholm on 17-18 February, 1997 when agreement was reached concerning the texts of agreements on readmission of persons and on reciprocal abolition of visas between Sweden and Estonia. The representatives repressed the desire of their Governments to create more favorable conditions for contacts between the propels of both countries and considered that both countries would benefit from enhanced co-operation in areas regarding refugee and migration matters. The Estonian representative pointed out the readiness of his Government to continue the process of bringing its laws, regulation and practices concerning refugees into full compliance with the international standards in this field. The Swedish representative noted with satisfaction this statement from the Estonian side and declared that Sweden will lend its support to Estonia in this field. Both sides declared that it was the intention of their Governments to continue to further develop the co-operation in the field of migration policy matters. Signed in Stockholm on 25 March, 1997 in two copies in the English language.

For the Government of the Republic of Estonia

For the Government of the Kingdom of Sweden