THE AGREEMENTON FREEDOM OF MOVEMENT WITH IDENTITY CARDS IN THE WESTERN BALKANS("Off. Herald of RS - Treaties", No. 3/2023) |
The Representatives of Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia (hereinafter referred to as "the Parties" and individually as "the Party")
GUIDED by the EU law principles, European values and good EU practice to further improve cooperation and strive to mutually facilitate travel conditions and good relations by simplifying the administrative procedure for entry, transit, exit and short stay of the natural persons/holders of ID cards within the Western Balkans;
EXPRESSING willingness for strengthening regional cooperation and mutual understanding, contributing to economic development and increasing economic growth, investments and employment in the Western Balkans;
CONSIDERING the importance of the free movement of natural persons/holders of ID cards to ensure progress and economic prosperity to a strong and thriving Western Balkans, by providing an indispensable contribution to the European perspective of the region;
BEARING IN MIND the Conclusions adopted by the leaders under the framework of the Berlin Process, by highlighting the vision of prosperity for people of the Western Balkans to enjoy the same freedoms as European citizens;
TAKING INTO CONSIDERATION the Western Balkans Leaders Declaration on the Common Regional Market - A catalyst for deeper regional economic integration and a stepping stone towards the EU Single Market, adopted at the Summit, of the Western Balkans leaders under the framework of the Berlin Process, held in Sofia on 10 November 2020;
CONVINCED that regional cooperation will contribute to building societies based on democracy, rule of law and respect for human rights;
CONSIDERING the importance the Parties attach to combating organized crime, corruption and to strengthening regional cooperation;
RECOGNIZING that all Parties are on the European path and that this regional cooperation does not intend to duplicate or substitute the EU and that this agreement does not need institutions that issue legislation;
Have hereby agreed as follows:
Article 1
(I) This Agreement prescribes the same conditions on entry, transit, exit and short stay of the natural persons/holders of ID cards.
(II) Natural persons/holders of ID cards to which this Agreement applies shall have, for the period specified by this Agreement, the right to enter, transit, exit and short stay in any of the Parties.
(III) This Agreement applies only to natural persons/holders of ID cards of the Parties and it does not apply to natural persons/holders of ID cards not participating in this Agreement who have regulated stay in one of the Parties.
(IV) Without prejudice to paragraph I of this Article, persons under the age of 16 years have the right to enter, transit, exit and short stay in any of the Parties according to the relevant legislation.
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* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo Declaration of independence
Article 2
The following terms shall be used for this Agreement:
1) "Natural Person/holder of ID card" - a natural person who holds an identity card of one of the Parties;
2) "Legislation of the Parties and administrative measures"- relevant laws and other regulations which are in force in respective Parties;
3) "Identity card" - valid identity card with a machine-readable zone with at least 90 days validity, after the intended date of departure from the respective receiving Party;
4) "Receiving Party"- a Party into which a person with an identity card enters (land, sea or air traffic), transits or stays for a short stay as considered by this Agreement;
5) "Short stay" - not more than 90 days in any 180 days period which entails considering 180 days preceding each day of stay.
ENTRY, TRANSIT, EXIT AND SHORT STAY
Article 3
(I) The Parties shall guarantee that the natural person/holder of ID card has the right to enter, transit, exit and short stay in any of the Parties according to the provisions laid down in this Agreement.
(II) No entry, transit and exit visa or equivalent formality shall be imposed on a person to whom paragraph I of this article applies.
(III) This Agreement is without prejudice to and shall not derogate any previous arrangement, practices or agreement between two or more Parties that is more beneficial to natural persons/holders of ID cards and does not provide an obstacle for the establishment of any such further arrangement or agreement.
Article 4
(I) A natural person/holder of ID card has the right to enter into, transit, or short stay within another Party if:
1) She/he has a valid identity card. In a justified case of emergency, as stipulated in the receiving Party’s relevant legislation, this obligation may be waivered;
2) She/he has no entry ban issued by one of the Parties;
3) She/he is not considered to be a threat to public order, security, or public health as well as other reasons under the relevant regulations of the receiving Party;
(II) Standardisation of electronic reading of an identity card and recording of data shall be carried out according to the receiving Party’s legislation.
Article 5
Each Party shall reserve the right to refuse entry and revoke the transit or short stay according to the grounds foreseen in Article 4, paragraph I.
Article 6
(I) The Parties will exchange specimens of identity cards not later than 30 days after this Agreement is signed, through the Depository of the Agreement.
(II) In the event of modification, revocation or introduction of new types of identity cards, the Parties will submit specimens through the Depository not later than 30 days after the introduced modification and provide the necessary information about the conditions of their use relevant to the application of this Agreement.
Article 7
In case of loss of an identity card, its holder will be enabled to leave the receiving Party with the adequate travel documents issued by competent authorities.
Article 8
A Commission shall be established and tasked with organising, coordinating and monitoring activities related to the implementation and application of this Agreement.
Article 9
(I) The Commission shall be composed of two representatives of each Party.
(II) The work of the Commission will be coordinated by the Regional Cooperation Council (RCC).
(III) The Commission will approve its rules of procedure upon its establishment.
Article 10
(I) The Commission shall meet at least once a year and shall report every six months to the Parties about the implementation and application of this Agreement.
(II) The Commission shall also meet upon the request of one of the Parties.
(III) All the decisions of the Commission shall be made by consensus of all Parties.
TRANSITIONAL AND FINAL PROVISIONS
Article 11
(I) This Agreement shall be amended only with the consent of all Partiessubject to the same procedure necessary to conclude this Agreement.
(II) All additional questions, needed to be resolved for the implementation and application of this Agreement shall be regulated through protocols discussed and agreed upon by the Commission established according to Article 8.
Article 12
The Parties agree that any disputes arising from the implementation and application of this Agreement shall be discussed within the Commission established according to Article 8.
Article 13
(I) This Agreement is subject to ratification, acceptance, or approval according to the requirements foreseen by the relevant legislation of the Parties. Formal notice of ratification, acceptance, or approval shall be deposited with the Depositary according to paragraph IV of this article.
(II) This Agreement shall enter into force on the thirtieth (30th) day upon the deposition of the third formal notice of ratification, acceptance, or approval for those Parties that have deposited their formal notice of ratification, acceptance, or approval.
(III) For each Party depositing its formal notice of ratification, acceptance, or approval after the date of the deposition of the third formal notice of ratification, acceptance or approval, this Agreement shall enter into force on the thirtieth day after the day on which this Party deposits its formal notice of ratification, acceptance, or approval.
(IV) North Macedonia shall act as Depositary and shall notify all Parties of any notification received according to this Article and any other act or notification relating to this Agreement.
Article 14
If one Party withdraws from this Agreement, it shall cease to be effective only for that Party within 30 days from the date of delivery of notification thereof to the Depository.
Article 15
The Agreement is drawn up in the English language in one original version, which will remain in the possession of the Depository. Each Party will receive one verified copy of the Agreement.
Done at Berlin on 3/11 2022