Administrative Agreement
on cooperation between the Government of the Slovak Republic and the Government of the Republic of Hungary with the purpose of implementing the Council Regulation (EC) No 343/2003 of 18 February 2003

The Government of the Slovak Republic
and
the Government of the Republic of Hungary

(hereinafter referred to separately as the Contracting Party, together as the Contracting Parties), 

in the interest of efficient implementation of the Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (hereinafter referred to as the Regulation), in the light of the provisions of Article 23 (1), 

hereby conclude, in order to simplify the conditions and rules to determine the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, this Administrative Agreement (hereinafter referred to as the Agreement):

Article 1

(1)	The Contracting Parties shall use the terms that are used and defined in the Regulation.

(2)	This Agreement shall be applied pursuant to the Regulation and the Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (hereinafter referred to as the Implementing Regulation).

Article 2

(1)	The responsible authorities of the Contracting Parties (hereinafter referred to as responsible authorities) in implementing this Agreement shall be:
a)	in the Slovak Republic: 
The Ministry of Interior of the Slovak Republic
Migration Office of the Ministry of Interior of the Slovak Republic
Border and Aliens Police Bureau of the Ministry of Interior of the Slovak Republic
Pivonkova 6
812 72 Bratislava
Tel. + 421 2 48 254 117
Fax + 421 2 43 4 22643
(hereinafter referred to as MoI).

The MoI shall provide its duties related to this Agreement through its units.

b)	in the Republic of Hungary:
Office of Immigration and Nationality
1117 Budapest, Budafoki út 60.
Tel.: +36 1 463 48 72
Fax: +36 1 463 48 75
(hereinafter referred to as OIN).

The OIN shall provide the duties related to this Agreement through its Department of International Affairs – Dublin Coordination Unit (hereinafter referred to as Dublin Coordination Unit).

(2)	The responsible authorities shall keep each other mutually informed on all details and changes thereof.

Article 3

(1)	As regards the Slovak Contracting Party, the Dublin procedure shall be conducted by the MoI – Dublin Station.

(2)	As regards the Hungarian Contracting Party, the Dublin procedure shall be conducted by the Dublin Coordination Unit.

(3)	The Dublin Coordination Unit shall negotiate to the necessary extent with the Slovak responsible authorities determined in paragraph (1), unless the latter declares in writing its competence with regard to a specific application to the Dublin Coordination Unit.

Article 4

(1)	If a request is based on Article 9 of the Regulation, the time limit for the responsible authorities to respond to requests for taking charge shall be 45 (forty-five) calendar days following the receipt of the request.

(2)	If a request for taking back is based on data from the Eurodac system, the responsible authorities shall respond immediately but at the latest within 14 (fourteen) calendar days.

Article 5

When a request is related to information referred to in Article 21 (1)-(3) of the Regulation, the responsible authorities shall respond within 30 (thirty) calendar days following its receipt.

Article 6

In the interest of responding to urgent requests under Article 17 (2) of the Regulation, the responsible authorities shall appoint a contact person whose procedure shall take into consideration the time limit determined in Article 4 (2).

Article 7

(1)	The responsible authorities shall be in communication with each other through ‘DubliNet’ according to Article 15 of the Implementing Regulation. In case of persistent technical problems the responsible authorities may temporarily use other means of data transmission providing quicker processing of requests. In this event, they shall communicate primarily via fax. The Contracting Parties shall immediately initiate the reparation of the failures and at the same time shall inform each other of the functional disorder of ‘DubliNet’ in writing.

(2)	The language of communication between the responsible authorities shall be English concerning both the requests and the responses thereupon.

Article 8

If the responsible authorities wish to refuse their responsibility on the grounds that another Member State is responsible for examining an asylum application, they can do so only by submitting, without delay, direct and indicative evidence establishing verifiably the responsibility of another Member State.

Article 9

(1)	The responsible authorities may agree that the transfer of the third-country national shall take place on a certain assigned venue and date on a working day, following previous negotiations and the written approval of the requested authority.

(2)	If the responsible authority to whom the application was lodged acknowledges its responsibility, it shall as soon as practically possible make an arrangement in close cooperation with the authority initiating the transfer on the venue and date of the transfer of the person concerned.

(3)	The authority initiating the transfer shall always inform the responsible authority 3 (three) working days prior to the transfer on the expected venue and date of the transfer. Before transferring the third-country national, the requesting authority shall hand over a copy of the travel document of the person concerned or, in its absence, the copy of the laissez-passer designed in accordance with the procedure referred to in Article 7 (2) of the Implementing Regulation to the responsible authority. If the requesting authority fails to comply with this obligation, the responsible authority may refuse to accept the transfer of the person concerned.

(4)	If the requested authority fails to act within the deadlines concerning take charge or take back requests and, as a consequence, the requesting authority presumes that responsibility has been acknowledged, the third-country national shall be transferred on the next date assigned by virtue of paragraph (1), with application mutatis mutandis of paragraphs (2)-(3). Provided that a date for transfer is not assigned by the responsible authorities, the person concerned shall be accepted on a venue and date on a working day communicated in writing by the requesting authority.

Article 10

(1)	The requesting authority shall forward all documents of the third-country national to the requested authority necessary for an official procedure at the time of transfer, according to Article 7 (3) of the Implementing Regulation.

(2)	If after a successful transfer, the travel document or any other document of the person concerned is found, which is necessary for an official procedure, the requesting authority shall be obliged ex officio or at the written request of the person concerned to forward the document via mail to the requested authority according to Article 21 of the Regulation.

Article 11

(1)	Transfers shall be carried out at the common state border of the Contracting Parties. In exceptional cases, the responsible authorities may agree that the transfer shall be carried out at the international airports of both states of the Contracting Parties.

(2)	Transfers may be carried out at the following joint liaison posts:
- Rajka-Čunovo (Dunacsúny) joint liaison post;
- Slovenské Ďarmoty (Szlovákgyarmat)-Balassagyarmat joint liaison post;
- Sátoraljaújhely-Slovenské Nové Mesto (Szlovákújhely) joint liaison post.

(3)	Transfers may be carried out at the following international airports:
- on the territory of the Slovak Republic: Airport M. R. Štefánika – Bratislava;
- on the territory of the Republic of Hungary: Budapest/Ferihegy International Airport.

(4)	The responsible authorities may agree on the use of other joint liaison posts or international airports on a case by case basis.

Article 12

(1)	A working group shall be set up to clarify any practical questions related to the implementation of this Agreement, including issues arising from the Regulation, the Implementing Regulation, Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention and Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention. The working group shall consist of representatives designated by the Contracting Parties and the authorities involved in implementing this Agreement.

(2)	Besides evidences listed in Annex II of the Implementing Regulation, other comparable means of indicative evidence may be defined during the clarification of practical questions by the working group established according to paragraph (1) and these indicative evidences shall be taken into consideration in course of the examination of responsibility.

Article 13

(1)	This Agreement shall enter into force on the 30th (thirtieth) day following the date when the Contracting Parties have notified each other on the completion of the internal legal procedures required for its entry into force.

(2)	The Hungarian Contracting Party shall, in compliance with Article 23 (2) of the Regulation, notify the European Commission by submitting a copy of this Agreement.

(3)	This Agreement is concluded for an indefinite period of time. Either Contracting Party may at any time terminate it in writing through diplomatic channels. The Agreement shall cease to have effect on the 90th (ninetieth) day following the date of receipt of the notification on termination.

(4)	This Agreement may be amended by the Contracting Parties. Such an amendment shall be initiated in writing through diplomatic channels and shall enter into force according to the procedures described in paragraph (1). 

(5)	In case of amendment of the Regulation or the Implementing Regulation by the Council of the European Union or by the European Commission, the Contracting Parties shall amend this Agreement accordingly.

(6)	The European Commission shall be notified of all amendments brought to this Agreement.

Done at………………., on …………….. in two original copies, each in Slovak, Hungarian and English language, all texts being equally authentic. In case of differences in the interpretation of this Agreement, the English text shall prevail.

For the Government	For the Government	
of the Slovak Republic	of the Republic of Hungary