Νόμοι — ΦΕΚ A' 163/2002

The citizenship of the persons to be readmitted of the Parties mentioned in Article 8 of the Agreement, is proved by the following documents: a. National identity card (even of temporary validity or special nature). b. Any type of valid passport (ordinary, diplomatic, spe?cial, service) and documents with picture issued by the au?thorities in replacement of the passport. c. Certification of identity issued by competent admin?istrative or consular authorities.

The actual proof of citizenship in the above cases shall be effective for the Parties and shall require no further investi?gation, unless the opposite is proven by the requested Party. ARTICLE 3 PRESUMPTION OF CITIZENSHIP OF THE NATIONALS OF THE PARTIES

The citizenship of the persons to be readmitted of the 3081 Το παρόν ΦΕΚ επανεκτυπώθηκε, λόγω τυπογραφικού λάθους κατά την αρχική εκτύπωση. b. Document granted by the competent authorities of the requested Party which certifies the identity of the persons to be readmitted (driving license, extract of the national registry office, seamen’s book). c. A photocopy of one of the above mentioned docu?ments. d. Official personnel Identity cards and passes of Gov?ernment institutions. e. Statements of the person in question, legally taken by the requesting Party. f. Statements of the witnesses, legally taken by the re?questing Party. g. Accurate information provided by official authorities. (This information has to be confirmed by the other Party).

The above evidences for presumption of the citizen?ship shall be deemed to constitute a justification for the conclusive investigation to ascertain the citizenship of the persons concerned.

In case that there are no doubts regarding the citizen?ship, the consular authorities of the requested Party shall grant to the person to be readmitted a document per?mitting his/her departure, pursuant to the national legis?lation of the requested Party.

Ιn case of doubt regarding the citizenship of the per?son to be readmitted, the requesting Party may request the consular authorities of the requested Party to pro?ceed to the examination of the person concerned. The examination will be organized at a location proposed by the requesting Party, in agreement with the relevant consular authorities. The Parties shall organise the examination of the person concerned, as soon as pos?sible.

When, after the examination or during the period of ver?ification of the evidences obtained at the investigation pro?cess, it is proven that the person to be readmitted has the citizenship of the requested Party, the consular authorities of the Party in question will grant him/her the document mentioned in paragraph 3 of this Article. ARTICLE 4 PROOF OF ENTRY OF CITIZENS OF THIRD COUNTRIES

The entry into the territory of the Parties of citizens of third countries mentioned in Article 8 of the Agreement, is proven on the basis of any of the following documents: a. An entry stamp of the requested Party an any type of passport or any kind of travel document. b. An exit stamp of a state which has a common frontier to one of the Parties, taking into account the itinerary and the date of the border crossing. c. An entry stamp of the requested Party on a false or fal?sified passport or travel document. d. The travel documents which can formally establish en?try across the borders of the requested Party. e. The fingerprints which, eventually, have been taken by the authorities during the crossing of the borders.

The evidences for proof of entry, as listed in paragraph 1 (a),(b), (c), (d), (e) of this Article, of the citizens of third countries shall be recognized by the Parties, unless the op?posite is proven by the requested Party. ARTICLE 5 PRESUMPTION OF ENTRY OF CITIZENS OF THIRD COUNTRIES

The entry of third countries’ nationals into the ter?ritories of the Parties, mentioned in Article 8 of the Agree?ment, may be presumed on the basis of: a. Permit of residence, the validity of which has expired. b. Statements by officials of governmental authorities. c. Fingerprints in addition to those eventually taken by the authorities during the crossing of the borders. d. Legally taken statements by either Party of the person to be transferred and, if possible, together with the state?ment of the transporter involved. e. Receipts of such supplied services as hotels, hos?pitals, visits to doctors, passes permitting public and private amenities.

The evidences of presumption of entry, as listed in paragraph 1 (a), (b), (c), (d), (e) of this Article, of the citizens of third countries shall constitute a justification for the con?clusive investigation to ascertain the entry from the territo?ry of the requested Party to the requesting Party of the per?son concerned. The investigation shall be carried out within the time limit stipulated in Article 6, paragraph 5 of this Protocol. ARTICLE 6 READMISSION PROCEDURE

For the readmission of persons mentioned in Article 8 of the Agreement, one of the following procedures shall be followed, using one of the forms set forth for each one of them. a. Readmission under simplified procedure: When a person is arrested in a frontier zone, the read?mission shall take place under the following simplified pro?cedure: - The requesting Party, if the conditions set forth for read?mission are met, notifies the border authorities of the re?quested Party, orally, by phone or by fax of the person’s ar?rest, requesting readmission. - The requested Party is obliged, within a period not exceeding 1 week from the notification of the arrest, to readmit the person concerned. - The readmission of the person is effected by the per?sonnel of the border posts of the Parties at the border and an official report shall be drawn up pursuant to Annex 1 of this Protocol. b. Readmission under normal procedure: In case that the conditions for application of the simpli?fied procedure are not met, as well as in cases that this pro?cedure is not accepted, the following normal procedure shall be followed: - The requesting Party, if the conditions for readmission are met, submits a request for the return of the person, pursuant to Annex 2 of this Protocol, to the competent au?thorities of the requested Party. - The receipt of the request is certified in writing. - The readmission of the persons under normal proce?dure shall be certified by drawing up an official report, pursuant to Annex 3 of this Protocol. 3082 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) concerns a group of persons entering at the same time the territory of the requesting Party.

The readmission obligation pursuant to this article shall not apply in respect of a person who was in posses?sion of an entry visa or a valid or expired residence permit issued by the requesting Party.

If both Parties have issued a visa or a residence permit, responsibility wilI stay with the Party whose visa or resi?dence permit expires last.

The Party towards which the request is addressed shall give its answer within 75 days at the most. This Party shall readmit persons, whose readmission has been agreed up?on, without delay and, in any case, within 15 days. ARTICLE 7 TRANSIT PASSAGE FOR READMISSION PURPOSE

The Parties shall permit the nationals of third countries the transit passage through their territory for readmission purpose on the request of the other Party if the au?thorization of the other possible State or States of transit and the State of destination is assured. The requests shall be submitted pursaunt to Annex 4 of this Protocol.

In this case, the competent authorities of the requested Party will be informed an advance by the respective au?thorities of the requesting Party.

The Parties shall issue visas, If needed, as soon as possible and in a simplified procedure to third country nationals for whom they have accepted to allow transit passage. 4.The Parties shall restrict the transit passage to persons who cannot be returned to their State of origin directly.

The requested Party reserves the right not to permit the transit passage for the purpose of readmission of a third country citizen, on the grounds of protection of national se?curity, public order and public health. ARTICLE 8 TIME LIMIT OF THE READMISSION OBLIGATIONS FOR THE NATIONALS OF THIRD STATES The application for the readmission of persons men?tioned in Articles 4 and 5 must be submitted by the re?questing Party within a maximum term of 14 days after the illegal entry of the said nationals of third countries into its territory. Return and readmission have to be effected within the time limits mentioned in Article 6.

Without prejudice to paragraph 1 and, as an exception to the general rule for the time limits prescribed in this Proto?col, the apllication for the readmission of neighboring third countries nasionals may be submitted by the requesting Party within a maximum term of 3 months after the illegal en?try of the persons in question. Return and readmission have to be effected within the time limits mentioned in Article 6. ARTICLE 9 COSTS

AII the costs of the transport of nationals of the Parties shall be borne by the requesting Party up to the border of the requested Party.

All the costs of transit of nationals of the neighbouring third countries shall be borne by requesting Party up to the border of this neighbouring country.

All the costs of transit of citizens of third countries shall be borne by the requesting Party up to the border of the neighbouring third country located on the itinerary of the country of the third country nationals. ARTICLE 10 COMPETENT AUTHORITIES The authorities of the Parties which are authorized to submit and accept the requests concerning readmission or transit passage, are the following: For the Hellenic Republic: The Directorate of Aliens of the Ministry of Public Order for both cases of readmission and transit passage re?quests. Mailing Address 4, P. Kanellopoulou Str. 10177 - Athens Tel no. 00 - 3010 - 6917326, 6929210 Fax no. 00 - 3010 - 6921675, 6912661 Athens, Greece. For the Republic of Turkey General Directorate of Security of the Ministry of Interior for both the cases of readmission and transit passage re?quests. Mailing Address Department of Foreigners, Borders, Asylum Yukari Ayranci, 06100 Ankara Tel no. 00-90-312 412 32 10, 412 33 05 Fax no. 00-90-312-466 90 11 E-mail: illegalmig@egm.gov.tr Ankara, Turkey Or, Department of Combating Smuggling and Organised Crime Konur Sok. No 40, 06600 Ankara Tel no. 00-90-312 425 37 24, 412 72 74 Fax no: 00-90-312 419 22 40. ARTICLE 11 RELATION WITH OTHER INTERNATIONAL INSTRUMENTS This Protocol does not affect the rights and obligations arising from other international agreements binding upon the Parties. ARTICLE 12 DESIGNATION OF BORDER POSTS The below main border posts of the Parties shall be used for the return/transfer of the persons mentioned in this Pro?tocol: Hellenic Republic

Athens El, Venizelos Airport

Kipi Border Gate

Rhodes Sea Port Republic of Turkey

Istanbul Atatόrk Airport

Ipsala Border Gate