Republic of Latvia Cabinet Regulation No. 630 Adopted 16 August 2011

Regulations Regarding the Procedures by Which the Republic of Latvia Shall Receive and Provide Assistance to the European Union Member States and Schengen Agreement States for Forced Removal by Air, as well as the Procedures by Which Joint Flights Shall Be Organised Among the European Union Member States and Schengen Agreement States

Issued pursuant to Section 50.³,
Paragraph three of the Immigration Law

I. General Provisions

1. This Regulation prescribes the procedures by which the Republic of Latvia shall receive and provide assistance to the European Union Member States and Schengen Agreement States (hereinafter - Member State) for forced removal by air, the extent of the assistance, as well as the procedures by which joint flights shall be organised among the Member States.

2. Implementation of this Regulation shall be ensured by the State Border Guard.

3. The Chief of the State Border Guard shall appoint contact points that shall ensure the following:

3.1. sending of a request to the competent authority of a Member Sate and organisation of a joint flight; and

3.2. evaluation and co-ordination of the request received, as well as support during transit.

4. Transit shall be carried out within 24 hours from the moment of its commencement. A responsible official of the relevant contact point of the State Border Guard may extend this time period to 48 hours, provided it is duly justified (for example, a flight has been delayed, unexpected changes to the state of health of a foreigner to be removed).

II. Procedures by Which the State Border Guard Shall Send a Request to a Member State

5. In order to removal a foreigner, a responsible official of the relevant contact point of the State Border Guard shall request transit through a Member State, if:

5.1. it is impossible to use a direct flight to the country of destination;

5.2. transit can be ensured within the confines of one airport.

6. In order to request escorted (or unescorted) transit and the associated assistance, the responsible official of the contact point of the State Border Guard shall submit a written request to the competent authority of the Member State, by completing a specific sample form (Annex).

7. The request shall be submitted not later than 48 hours prior to the commencement of the transit. In particularly urgent and duly justified cases this time period may be shorter (for example, in case of limited possibility of transit flights).

8. If the competent authority of the Member State refuses transit or revokes a previously issued authorisation in the case specified in Sub-paragraph 11.4 of this Regulation, the responsible official of the contact point of the State Border Guard shall submit a new request after consultations with the competent authority of the Member State.

9. The State Border Guard shall not commence transit without the authorisation from the competent authority of the Member State.

III. Procedures by Which the State Border Guard Shall Receive and Examine a Request of the Competent Authority of a Member State

10. A responsible official of the relevant contact point of the State Border Guard shall, within 48 hours after receipt of a request, inform the competent authority of the Member State in writing regarding the decision taken - to authorise or refuse the transit, as well as regarding the readiness for providing assistance requested by the competent authority of the Member State, the extent and nature thereof. The responsible official of the contact point of the State Border Guard may extend this time period to 48 hours in duly justified cases (for example, if additional checks need to be carried out in respect of the foreigner).

11. The responsible official of the contact point of the State Border Guard is entitled to refuse transit in the following cases:

11.1. pursuant to the regulatory enactments of the Republic of Latvia, a foreigner to be removed is charged with criminal offences or is wanted for the carrying out of a sentence;

11.2. transit through other states or admission by the country of destination is not feasible;

11.3. when performing the removal, it is necessary to transfer to another airport in the Republic of Latvia;

11.4. the requested assistance is impossible at a particular moment for practical reasons; or

11.5. there is a justified suspicion that the person to be removed will be a threat to public policy, public security, public health or international relations.

12. In the case specified in Sub-paragraph 11.4 of this Regulation, the responsible official of the contact point of the State Border Guard shall agree with the competent authority of the Member State on a new transit date.

13. The responsible official of the contact point of the State Border Guard may revoke an authorisation for transit already issued, if the circumstances referred to in Paragraph 11 of this Regulation are discovered. The responsible official of the contact point of the State Border Guard shall, without delay, inform the requesting competent authority of the Member State in writing regarding the revocation of the authorisation.

IV. Assistance Measures Associated with Transit

14. A responsible official of the relevant contact point of the State Border Guard, after consultations with the competent authority of the Member State, within available means and in compliance with the relevant international standards, shall ensure provision of the following assistance measures:

14.1. meeting of the foreigner to be removed at the aircraft and escorting him or her within the confines of the airport;

14.2. providing emergency medical care to the foreigner to be removed and the escort, as well as, if necessary, calling an ambulance crew;

14.3. providing sustenance for the foreigner to be removed and the escort;

14.4. receiving travel documents from the plane crew, keeping and forwarding thereof, in the case of an unescorted removal;

14.5. informing the requesting competent authority of the Member State regarding the place and time of departure of the foreigner to be removed from the territory of the Republic of Latvia, in the case of an unescorted transit; and

14.6. informing the requesting competent authority of the Member State regarding any incidents that took place during the transit of the foreigner to be removed.

15. In the case specified in Sub-paragraph 14.2 of this Regulation, consultations shall not be necessary.

16. The relevant contact point of the State Border Guard, upon the request of the competent authority of the Member State, may:

16.1. accommodate a foreigner to be removed in temporary keeping premises at the airport; and

16.2. use legitimate means to prevent or end any attempt by the foreigner to be removed to resist the transit.

17. A foreigner to be removed shall be readmitted or sent to the requesting Member State in the following cases:

17.1. the transit authorisation has been refused or revoked;

17.2. the foreigner to be removed has entered the state before the transit authorisation has been received;

17.3. the removal of the foreigner to be removed to another transit country or to the country of destination, or boarding of the connecting flight, has been unsuccessful; or

17.4. transit is impossible due to another objective reason.

18. An escort is not entitled to carry or transport weapons during transit and wear a uniform. An escort may use a special distinguishing sign.

19. Powers of an escort in the territory of Member States shall be limited to self-defence.

20. If representatives of the competent authority of the Member State do not provide support to an escort of the State Border Guard when carrying out transit, the escort of the State Border Guard may use reasonable and proportionate action in response to an immediate and serious risk in order to:

20.1. prevent the foreigner to be removed from escaping;

20.2. prevent the foreigner to be removed from causing injury to himself or herself, the escort or any other person; or

20.3. prevent damage to property.

21. The State Border Guard may request an escort of the competent authority of the Member State to present the following documents or provide the following information:

21.1. the transit authorisation issued by the responsible official of the relevant contact point of the State Border Guard;

21.2. travel documents;

21.3. the service identity card, badge, another document of service or a document certifying authorisation; and

21.4. information regarding the foreigner (foreigners) to be removed.

22. An escort of the State Border Guard carrying out transit shall be provided with the following documents and information:

22.1. the transit authorisation issued by the competent authority of the Member State;

22.2. travel documents;

22.3. a service identity card, another document of service or a document certifying authorisation; and

22.4. information regarding the foreigner (foreigners) to be removed.

23. The State Border Guard is entitled to request bearing of the costs incurred, which are related to the assistance provided, and the costs incurred when removaling a foreigner to be removed, from the requesting competent authority of the Member State.

24. If a request has been submitted by the State Border Guard, it shall bear the costs incurred in readmitting a foreigner to be removed.

V. Organisation of Joint Flights

25. The State Border Guard shall organise joint flights and participate in joint flights organised by the competent authority of a Member State in order to ensure the removal of foreigners by air.

26. The Border Guard, when organising a joint flight, shall:

26.1. inform the competent authorities of Member States regarding a joint flight and agree on the organisation thereof;

26.2. select an air carrier according to the procedures specified by the regulatory enactments of the Republic of Latvia and collectively calculate the costs of a joint flight, undertake contractual obligations and ensure the performance of all the measures that are necessary for the implementation of a joint flight;

26.3. request authorisations from countries of transit and third countries of destination, which are necessary for the implementation of a joint flight;

26.4. by mutual agreement with the competent authorities of Member States involved in the joint flight, determine the number of escort members necessary for accompanying the foreigners to be removed;

26.5. by mutual agreement with the competent authorities of Member States involved in the joint flight, clarify the necessary activities and procedures;

26.6. conclude financial agreements with the competent authorities of Member States involved in the joint flight;

26.7. without delay inform the diplomatic and consular missions of the Republic of Latvia in the relevant third countries, if they are countries of transit or destination, regarding the measures associated with the joint flight.

27. If the State Border Guard decides to take part in a joint flight organised by the competent authority of the Member State, it shall:

27.1. inform the competent authority of the Member State regarding its intention, indicating the number of foreigners to be removed;

27.2. ensure an escort to each foreigner to be removed. If the escort is ensured by the competent authority of the Member State, which organises the joint flight, the State Border Guard shall ensure the presence of at least two representatives onboard the aircraft. These representatives whose status complies with the status of an escort shall be responsible for the handing over of the foreigners to be removed by the Republic of Latvia to the State authorities of the country of destination;

27.3. ensure valid travel documents and other additional documents necessary (for example, entry or transit visas, authorisations) for each foreigner to be removed; and

27.4. without delay inform the diplomatic and consular missions of the Republic of Latvia in the relevant third countries, if they are countries of transit or destination, regarding the measures associated with the joint flight.

28. Costs incurred upon participation of the State Border Guard in joint flights and upon organising joint flights, shall be covered from the budget resources allocated to the State Border Guard.

Informative Reference to European Union Directives

This Regulation contains legal norms arising from:

1) Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air; and

2) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for removaling illegally staying third-country nationals.

Prime Minister V. Dombrovskis

Acting for the Minister for the Interior,
the Minister for Justice A.Štokenbergs

 

Annex
Cabinet Regulation No. 630
16 August 2011

Pieprasījums tranzītam, izmantojot gaisa telpu
Request for Transit by Air

Kompetentā iestāde, kas iesniedz pieprasījumu/Requesting competent authority
Iestāde/ Authority: _________________________________ _________________________________ _________________________________ Adrese/ Address: _________________________________ _________________________________ _________________________________	Vieta, datums/ Place, date: ______________________________________ Telefons, fakss, e-pasts/ Telephone/fax/e-mail: ______________________________________ Amatpersonas vārds un uzvārds/ Given name and surname of the official: ______________________________________ Paraksts/ Signature:

 

Kompetentā iestāde, kas saņem pieprasījumu/Requested competent authority

Iestāde/ Authority: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Adrese/ Address: _________________________________________________________________ _________________________________________________________________

Vispārīgas ziņas par izraidāmo ārzemnieku, uz kuru attiecas pieprasījums/General information on the foreigner to be returned whom the transit request concerns

Nr./ Request No.	Vārds/ First name	Uzvārds/ Surname	Dzimums (v/s)/ Sex (m/f)	Dzimšanas datums/ Date of birth	Dzimšanas vieta/ Place of birth	Tautība (valstiskā piederība)/ Nationality (Citizenship)	Ceļošanas dokumenta numurs, veids, derīgums/ Travel document No / Type / Validity	Vīzas numurs, ja ir vīza/ Number of visa, if any

Informācija par lidojumu/ Flight details

Reisa numurs/ Flight No.	Izlidošanas vieta/ Departure place	Izlidošanas datums/ Departure date	Izlidošanas laiks/ Departure time	Ielidošanas vieta/ Arrival place	Ielidošanas datums/ Arrival date	Ielidošanas laiks/ Arrival time

Vispārīga informācija/ General information

1. Vai izraidāmo ārzemnieku pavada konvojs/ Is the foreigner to be returned accompanied by escort?	jā/ yes [ ] nē/ no [ ]	Amatpersonas(-u) vārds, uzvārds un funkcijas/ Given name, surname and functions of the official(s): ______________ ____________________________________ ____________________________________
2. Vai ir ieteicama konvoja atrašanās lidostā/ Is the presence of escort at the airport recommended?	jā/ yes [ ] nē/ no [ ]	Ja ir, precizēt/ If so, specify: _____________ ____________________________________ ____________________________________
3. Vai ir nepieciešama medicīniskā aprūpe/ Is medical care required?	jā/ yes [ ] nē/ no [ ]	Ja ir, precizēt/ If so, specify: _____________ ____________________________________ ____________________________________
4. Identificējamas lipīgas slimības*/ Contagious identifiable diseases?	jā/ yes [ ] nē/ no [ ]	Ja ir, precizēt/ If so, specify: _____________ ____________________________________ ____________________________________
5. Iepriekšējie neveiksmīgie izraidīšanas mēģinājumi/ Previous unsuccessful attempts of return?	jā/ yes [ ] nē/ no [ ]	Ja ir, precizēt/ If so, specify: _____________ ____________________________________ ____________________________________

Papildu informācija/ Additional information

_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

 

NB: Pieprasījuma iesniegšanas brīdī nebija zināms nekāds pamatojums atteikumam saskaņā ar Padomes 2003.gada 25.novembra Direktīvas 2003/110/EK par palīdzību tranzīta gadījumos, lai veiktu izraidīšanu pa gaisa ceļu, 3.panta 3.punktu un 5.pantu/ At the time the request was made, no grounds for refusal under Article 3(3) and (5) of Council Directive 2003/110/EC of 25 November 2003 were known.

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^* Ziņas sniedzamas, ievērojot attiecīgo Latvijas Republikas un starptautisko tiesību aktu prasības/ Note.* This information shall be provided in accordance with the requirements of the relevant regulatory enactments of the Republic of Latvia or international legislation.

Dalībvalsts kompetentās iestādes lēmums/
Decision of the competent authority of the Member State

Tranzītu atļauj/ The transit is authorised Tranzītu neatļauj/ The transit is not authorised Pamatojums/ Grounds: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ (amatpersonas vārds, uzvārds, paraksts, datums/ (Given name, surname, signature of the official, date)

Acting for the Minister for the Interior,
the Minister for Justice A.Štokenbergs

 

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Translation © 2011 Valsts valodas centrs (State Language Centre)