AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF HUNGARY ON THE MUTUAL REPRESENTATION BY THEIR DIPLOMATIC AND CONSULAR MISSIONS IN PROCESSING VISAS AND COLLECTING BIOMETRIC DATA

The Government of the Republic of Latvia and the Government of the Republic of Hungary (hereinafter: the Contracting Parties), with due regard to the enhancement of cooperation among the Member States of the European Union in the matters of immigration and specially in the field of visa issuance, have agreed upon the following:

Article 1

From the date of application of all parts of the Schengen acquis by the Republic of Latvia and the Republic of Hungary, the Contracting Parties shall represent each other in processing uniform visas (airport transit visas, transit visas, short-stay visas) in accordance with the provisions of the Schengen acquis, with this Agreement, as well as with the implementing agreements concluded according to Article 7.

Article 2

According to the implementing agreements representation may be reduced to one or several parts of the visa issuing procedure, namely providing information on visa applications, arranging appointments, conducting interviews, receiving and forwarding applications and supporting documents, recording data - including biometric data - and collecting administrative fees.

Article 3

The Contracting Parties may assist each other in the collection of biometric data to be used for applications for D visas, residence permits and passports. Detailed rules of this type of co-operation shall be regulated in the implementing agreements.

Article 4

(1) Acting under Articles 1 - 3, the diplomatic and consular missions of the Contracting Parties shall render each other all appropriate assistance.

(2) At locations where only one of the Contracting Parties has a mission, that mission shall give assistance to the mission of the other Contracting Party competent for that location in accordance with the implementing agreements.

Article 5

Acting under Article 1 - 3, the relevant legal norms of the European Union on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as those of the representing Contracting Party shall be applicable.

Article 6

Acting under Article 1, the represen­ting Contracting Party shall act as diligently as if processing visas or collecting data on its own behalf. However, there is no liability of one Contracting Party for activities performed on behalf of the other Contracting Party.

Article 7

The Foreign Ministries of the Contracting Parties shall conclude implementing agreements which designate the diplomatic and consular missions to which this Agreement shall be applied as well as the necessary technical details of the co-operation and rules relating to data protection, if necessary.

Article 8

The Contracting Parties shall not make any payments to each other for the processing of the visa applications submitted under this Agreement, but instead the diplomatic and consular missions of the Contracting Parties shall retain the collected visa fees for the processing of the visa applications submitted under this Agreement, which amount is determined with the Schengen acquis.

Article 9

The provisions of this Agreement may be amended in a way agreed on in writing by the Contracting Parties. Such amendments shall enter into force in accordance with the provisions of Article 14.

Article 10

The Contracting Parties may suspend the application of this Agreement wholly or partly at any time. The starting and closing date of the suspension shall be communicated through diplomatic channels and shall become effective thirty (30) days after notification, unless agreed otherwise by the Contracting Parties.

Article 11

This Agreement is concluded for an indefinite period. It may be terminated at any time by a notification through diplomatic channels by either Contracting Party. In case of termination, the Agreement remains in force for ninety (90) days following the receipt of the notification by the other Contracting Party.

Article 12

This Agreement may be applied provisionally if the Contracting Parties notify each other through diplomatic channels that the requirements for the provisional application have been fulfilled.

Article 13

This Agreement shall enter into force on the first day of the month after the Contracting Parties notify each other through diplomatic channels that their internal legal requirements necessary for the entry into force have been fulfilled.

Done in Riga on 22 November 2007 in two originals in the English language.

for the Government of the Republic of Latvia	for the Government of the Republic of Hungary