1. Internal borders may be crossed at any point without any checks on persons being carried out.

2. Where public policy or national security so require, however, a Contracting Party may, after consulting the other Contracting Parties,

decide that for a limited period national border checks appropriate to the

situation will be carried out at internal borders. If public policy or national security require immediate action, the Contracting Party concerned shall take the necessary measures and shall inform the other Contracting Parties thereof at the earliest opportunity.

3. The abolition of checks on persons at internal borders shall not affect either Article 22 below or the exercise of police powers by the competent authorities under each Contracting Party's legislation throughout its territory, or the obligations to hold, carry and produce permits and documents provided for in its legislation.

4. Checks on goods shall be carried out in accordance with the relevant

provisions of this Convention.

1. External borders may in principle be crossed only at border crossing

points during the fixed opening hours. More detailed provisions, and

exceptions and arrangements for minor border traffic, as well as the rules

applicable to special categories of maritime traffic such as yachting and

coastal fishing, shall be adopted by the Executive Committee.

2. The Contracting Parties undertake to introduce penalties for the unauthorized crossing of external borders at places other than crossing

points or at times other than the fixed opening hours.

1. The Contracting Parties guarantee that as from 1993 passengers on

flights from Third States who board internal flights will first be subject, upon arrival, to personal and hand baggage checks in the airport of arrival of their external flight. Passengers on internal flights who board flights bound for Third States, will first be subject, on departure, to personal and hand baggage checks in the airport of departure of their external flight.

2. The Contracting Parties shall take the measures required for checks to

be carried out in accordance with paragraph 1.

3. Neither paragraph 1 nor paragraph 2 shall affect checks on registered

luggage; such checks shall be carried out either in the airport of final

destination or in the airport of initial departure.

4. Until the date laid down in paragraph 1, airports shall, by way of

derogation from the definition of internal borders, be considered as

external borders for internal flights.

1. For visits not exceeding three months entry into the territories of the Contracting Parties may be granted to an alien who fulfils the following conditions:

(a) in possession of a valid document or documents permitting them to cross the border, as determined by the Executive Committee;

(b) in possession of a valid visa if required;

(c) if applicable, submits documents substantiating the purpose and the conditions of the planned visit and has sufficient means of support, both for the period of the planned visit and to return to their country of origin or to travel in transit in a Third State, into which their admission is guaranteed, or is in a position to acquire such means legally;

(d) has not been reported as a person not to be permitted entry;

(e) is not considered to be a threat to public policy, national security or The international relations of any of the Contracting Parties.

2. Entry to the territories of the Contracting Parties must be refused to any alien who does not fulfil all the above conditions unless a Contracting Party considers it necessary to derogate from that principle on humanitarian grounds or in the national interest or because of international obligations. In such cases permission to enter will be restricted to the territory of the Contracting Party concerned, which must inform the other Contracting Parties accordingly.

These rules shall not preclude the application of special provisions concerning the right of asylum or of the provisions of Article 18.

3. An alien who holds a residence permit or a return visa issued by one

of the Contracting Parties or, if required, both documents, shall be permitted to enter in transit, unless their name is on the national list of persons reported as not to be refused entry which is held by the Contracting Party at the external borders of which they arrive.

1. Cross-border movement at external borders shall be subject to checks

by the competent authorities. Checks shall be made in accordance with

uniform principles, within the scope of national powers and national

legislation, account being taken of the interests of all Contracting Parties throughout the Contracting Parties' territories.

2. The uniform principles referred to in paragraph 1 shall be as follows:

(a) Checks on persons shall include not only the verification of travel documents and of the other conditions governing entry, residence, work

and exit but also checks to detect and prevent threats to the national security and public policy of the Contracting Parties. Such checks shall also cover vehicles and objects in the possession of persons crossing the border. They shall be carried out by each Contracting Party in accordance with its legislation, in particular as regards searches.

(b) All persons must be subject to at least one check making it possible

to establish their identities on the basis of their presentation of travel documents.

(c) On entry aliens must be subject to a thorough check as defined in (a).

(d) On exit checks shall be carried out as required in the interest of all

Contracting Parties under the law on aliens in order to detect and prevent threats to the national security and public policy of the Contracting Parties. Such checks shall be made in all cases in respect of aliens.

(e) If such checks cannot be made because of particular circumstances

priorities must be established. In this connection, entry checks shall in principle take priority over exit checks.

3. The competent authorities shall use mobile units to exercise

surveillance on external borders between crossing points; the same shall

apply to border crossing points outside normal opening hours. This

surveillance shall be carried out in such a way as not to encourage people

to circumvent the checks at crossing points. The surveillance procedures

shall, where appropriate, be fixed by the Executive Committee.

4. The Contracting Parties undertake to deploy enough appropriate officers to conduct checks and maintain surveillance along external borders.

5. An equivalent level of control shall be exercised at external frontiers.

The Contracting Parties shall assist each other and shall maintain constant, close co-operation with a view to the effective exercise of checks and surveillance. They shall in particular exchange all relevant, important information, with the exception of data relating to named individuals, unless otherwise provided in this Convention, shall as far as possible harmonize the instructions given to the authorities responsible for checks and shall promote the uniform training and retraining of officers manning checkpoints. Such co-operation may take the form of the exchange of liaison officers.

The Executive Committee shall take the necessary decisions relating to the

practical procedures for implementing border checks and surveillance.

1. The Contracting Parties undertake to adopt a common policy on the movement of persons and in particular on the arrangements for visas. They

shall give each other assistance to that end. The Contracting Parties undertake to pursue by common agreement the harmonization of their policies on visas.

2. The visa arrangements relating to Third States, the nationals of which

are subject to visa arrangements common to all the Contracting Parties at

the time when this Convention is signed or later, may be amended only by

common agreement of all the Contracting Parties. A Contracting Party may

exceptionally derogate from the common visa arrangements with respect to a Third State for over-riding reasons of national policy that require an urgent decision. It must first consult the other Contracting Parties and, in its decision, must take account of their interests and of the consequences of that decision.

1. A uniform visa valid for the entire territory of the Contracting Parties shall be introduced. This visa, the period of validity of which shall be determined by Article 11, may be issued for visits not exceeding three months.

2. Until this visa is introduced the Contracting Parties shall recognize

their respective national visas, insofar as these are issued on the basis of common conditions and criteria determined within the framework of the

relevant provisions of this Chapter.

3. By way of derogation from paragraphs 1 and 2 above each Contracting

Party shall reserve the right to restrict the territorial validity of the visa in accordance with common arrangements determined in the context of the relevant provisions of this Chapter.

1. The visa provided for in Article 10 may be:

(a) a travel visa valid for one or more entries, provided that neither the length of a continuous visit nor the total length of successive visits may exceed three months in any half year as from the date of first entry;

(b) a transit visa allowing its holder to pass through the territories of the Contracting Parties once, twice or exceptionally several times en route to the territory of a Third State, provided that no transit shall last longer than five days.

2. Paragraph 1 shall not preclude a Contracting Party from issuing a new

visa, the validity of which is limited to its own territory, within the half year in question if necessary.

1. The uniform visa provided for in Article 10(1) shall be issued by the

diplomatic and consular authorities of the Contracting Parties and, where

appropriate, by the authorities of the Contracting Parties designated

under Article 17.

2. The Contracting Party competent to issue such a visa shall in principle be that of the principal destination. If this cannot be determined the visa shall in principle be issued by the diplomatic or consular post of the Contracting Party of first entry.

3. The Executive Committee shall specify the implementing arrangements

and, in particular, the criteria for determining the principal destination.

1. No visa shall be apposed on a travel document that has expired.

2. The period of validity of a travel document must be greater than that of the visa, taking account of the period of use of the visa. It must enable an alien to return to his country of origin or to enter a third country.

1. No visa may be apposed to a travel document if that travel document is

valid for none of the Contracting Parties. If a travel document is valid only for one Contracting Party or for a number of Contracting Parties the visa to be apposed shall be limited to the Contracting Party or Parties in question.

2. If a travel document is not recognized as valid by one or more of the

Contracting Parties a visa may be issued in the form of an authorization

in place of a visa.

In principle the visas referred to in Article 10 may be issued only if an alien fulfils the conditions of entry laid down in Article 5(1)(a), (c), (d) and (e).

If a Contracting Party considers it necessary to derogate, on one of the

grounds listed in Article 5(2), from the principle enunciated in Article

15 by issuing a visa to an alien who does not fulfil all the conditions of

entry referred to in Article 5(1), the validity of this visa shall be restricted to the territory of that Contracting Party, which must inform the other Contracting Parties accordingly.

1. The Executive Committee shall adopt common rules for the xamination of applications for a visa, shall ensure their correct implementation and shall adapt them to new situations and circumstances.

2. The Executive Committee shall also specify the cases in which the issue of a visa shall be subject to consultation with the central authority of the Contracting Party to which application is made and, where appropriate, the central authorities of other Contracting Parties.

3. The Executive Committee shall also take the necessary decisions regarding the following points:

(a) the travel documents to which a visa may be apposed;

(b) the bodies responsible for the issue of visas;

(c) the conditions governing the issue of visas at borders;

(d) the form, content, and period of validity of visas and the charges to be imposed for their issue;

(e) the conditions for the extension and refusal of the visas referred to in (c) and (d) above, in accordance with the interests of all the Contracting Parties;

(f) the procedures for the limitation of the territorial validity of visas;

(g) the principles governing the preparation of a common list of aliens reported as not to be permitted entry, without prejudice to Article 96.

Visas for visits of more than three months shall be national visas issued

by one of the Contracting Parties in accordance with its own legislation.

Such a visa shall enable its holder to transit through the territories of the other Contracting Parties in order to proceed to the territory of the Contracting Party which issued the visa, unless he fails to fulfil the conditions of entry referred to in Article 5(1)(a), (d) and (e) or he is on the national reporting list of the Contracting Party through the territory of which he seeks to transit.

1. Aliens holding a uniform visa who have legally entered the territory of a Contracting Party may move freely within the territories of all the Contracting Parties throughout the period of validity of their visas, provided they fulfil the conditions of entry referred to in Article 5(1)(a), c), (d) and (e).

2. Pending the introduction of a uniform visa, aliens holding a visa issued by one of the Contracting Parties who have legally entered the territory of one Contracting Party may move freely within the territories of all the Contracting Parties during the period of validity of their visa up to a maximum of three months from the date of first entry, provided they fulfil the conditions of entry referred to in Article 5(1)(a), (c), (d) and (e).

3. Paragraphs 1 and 2 shall not apply to visas of which the validity is

subject to territorial limitation in accordance with Chapter 3 of this Title.

4. This Article shall apply without prejudice to Article 22.

1. Aliens not subject to a visa requirement may move freely within the

territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry, provided they fulfil the conditions of entry referred to in Article 5(1)(a), (c), (d) and (e).

2. Paragraph 1 shall not affect the rights of each Contracting Party to

extend beyond three months the visit of an alien within its territory in exceptional circumstances or in implementation of a bilateral agreement

concluded before the entry into force of this Convention.

3. This Article shall apply without prejudice to Article 22.

1. An alien holding a residence permit issued by one of the Contracting

Parties may, under cover of that permit and of a travel document, both

documents still being valid, move freely for up to three months within the

territories of the other Contracting Parties provided he fulfils the conditions of entry referred to in Article 5(1) (a), (c) and (e) and is not on the national reporting list of the Contracting Party concerned.

2. Paragraph 1 shall also apply to an alien holding a provisional residence permit issued by one of the Contracting Parties and a travel document issued by that Contracting Party.

3. The Contracting Parties shall communicate to the Executive committee a list of the documents which they issue that are valid as residence permits

or provisional residence permits and travel documents within the meaning

of this Article.

4. This Article shall apply without prejudice to Article 22.

1. An alien who has legally entered the territory of one of the Contracting Parties shall be obliged to declare himself, in accordance with the conditions imposed by each Contracting Party, to the competent authorities of the Contracting Party the territory of which he enters. Such declaration may be made, at each Contracting Party's choice, either on entry or, within three working days of entry, within the territory of the Contracting Party which he enters.

2. An alien resident within the territory of one of the Contracting Parties who enters the territory of another Contracting Party shall be subject to the obligation to declare himself referred to in paragraph 1.

3. Each Contracting Party shall enact exceptions to paragraphs 1 and 2

and shall communicate them to the Executive Committee.

1. An alien who does not fulfil or who no longer fulfils the short visit

conditions applicable within the territory of a Contracting Party must in

principle leave the territories of the Contracting Parties without delay.

2. An alien who holds a valid residence permit or temporary residence permit issued by another Contracting Party must enter the territory of that Contracting Party without delay.

3. Where such an alien has not left voluntarily or where it may be

assumed that he will not so leave or if his immediate departure is

required for reasons of national security or public policy, he must be

expelled from the territory of the Contracting Party within which he has

been arrested as laid down in the national law of that Contracting Party.

If the application of that law does not permit expulsion, the Contracting

Party concerned may allow the person concerned to remain within its territory. .

4. Expulsion may be effected from the territory of that State to the alien's country of origin or to any other State to which he may be permitted entry, in particular under the relevant provisions of the re-entry agreements concluded by the Contracting Parties.

5. Paragraph 4 shall not preclude the application of national provisions on the right of asylum, of the Geneva Convention of 28 July 1951 relating to the Status of Refugees as amended by the New York Protocol of 31 January 1967, or of paragraph 2 of this Article or Article 33(1) of this Convention.

Subject to the Executive Committee's definition of the appropriate practical criteria and arrangements, the Contracting Parties shall compensate each other for any financial imbalances resulting from the compulsory expulsion provided for in Article 23 where such expulsion cannot be effected at the alien's expense.

1. Where a Contracting Party considers issuing a residence permit to an alien who has been reported as a person not to be permitted entry it shall

first consult the reporting Contracting Party and shall take account of its interests; the residence permit shall be issued only on serious grounds, in particular of a humanitarian nature or pursuant to international obligations.

If a residence permit is issued the reporting Contracting Party shall withdraw the report but may put the alien concerned on its national reporting list of persons not to be permitted entry.

2. Where it emerges that an alien holding a valid residence permit issued

by one of the Contracting Parties has been reported as a person not to be

permitted entry the reporting Contracting Party shall consult the Party which issued the residence permit in order to determine whether there are

sufficient grounds for the withdrawal of the residence permit. If the residence permit is not withdrawn the reporting Contracting Party shall withdraw the report but may put the alien in question on its national reporting list.

1. Subject to the obligations arising out of their accession to the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967, the Contracting Parties undertake to incorporate the following rules in their national legislation:

(a) If an alien is refused entry into the territory of one of the Contracting Parties the carrier which brought him to the external border by air, sea or land shall be obliged to assume responsibility for him again without delay. At the request of the border surveillance authorities the carrier must return the alien to the Third State from which he was transported, to the Third State which issued the travel document on which he travelled or to any other Third State to which he is guaranteed entry.

(b) The carrier shall be obliged to take all necessary measures to ensure that an alien carried by air or sea is in possession of the travel document required for entry into the territory of the Contracting Parties.

2. The Contracting Parties undertake, subject to the obligations arising

out of their accession to the Geneva Convention of 28 July 1951 relating

to the Status of Refugees, as amended by the New York Protocol of 31

January 1967, and in accordance with their constitutional law, to impose

penalties on carriers who transport aliens who do not possess the necessary travel documents by air or sea from a Third State to their territories.

3. Paragraph 1(b) and paragraph 2 shall also apply to carriers of groups

by coach over international road links, with the exception of border traffic.

1. The Contracting Parties undertake to impose appropriate penalties on

any person who, for purposes of gain, assists or tries to assist an alien to enter or reside within the territory of one of the Contracting Parties contrary to the laws of that Contracting Party on the entry and residence

of aliens.

2. If a Contracting Party is informed of the facts referred to in paragraph 1 which constitute an infringement of the legislation of another Contracting Party, it shall inform the latter accordingly.

3. Any Contracting Party which requests another Contracting Party to

prosecute, on the grounds of the infringement of its own legislation,

offences such as those referred to in paragraph 1, must specify, by means

of an official denunciation or a certificate from the competent authorities, the provisions of law which have been infringed.

The Contracting Parties hereby reaffirm their obligations under the Geneva

Convention of 28 July 1951 relating to the Status of Refugees as amended

by the New York Protocol of 31 January 1967, without any geographical

restriction on the scope of those instruments, as also their commitment to

co-operate with the United Nations High Commissioner for Refugees in the

implementation of those instruments.

1. The Contracting Parties undertake to process any application for asylum lodged by an alien within the territory of any one of them.

2. This obligation shall not bind a Contracting Party to authorize every applicant for asylum to enter or to remain within its territory. Every Contracting Party shall retain the right to refuse entry or to expel any applicant for asylum to a Third State on the basis of its national provisions and in accordance with its international commitments.

3. Regardless of the Contracting Party to which an alien addresses an

application for asylum, only one Contracting Party shall be responsible

for processing that application. It shall be determined by the criteria laid down in Article 30.

4. Notwithstanding paragraph 3 every Contracting Party shall retain the

right, for special reasons concerning national law in particular, to process an application for asylum even if under this Convention the responsibility for doing so is that of another Contracting Party.

1. The Contracting Party responsible for the processing of an application

for asylum shall be determined as follows:

(a) If a Contracting Party has issued to the applicant for asylum a visa of any type, or a residence permit, it shall be responsible for processing the application. If the visa was issued on the authorization of another Contracting Party, the Contracting Party who gave the authorization shall be responsible.

(b) If two or more Contracting Parties have issued to the applicant for asylum a visa of any type or a residence permit, the Contracting Party responsible shall be the one which issued the visa or the residence permit that will expire last.

(c) As long as the applicant for asylum has not left the territory of the Contracting Parties the responsibility defined in accordance with (a) and (b) shall subsist even if the period of validity of the visa of any type or of the residence permit has expired. If the applicant for asylum has left the territory of the Contracting States after the issue of the visa or the residence permit, these documents shall be the basis for the responsibility as defined in (a) and (b) unless they have expired in the interval under national provisions.

(d) If the Contracting Parties exempt the applicant for asylum from the requirement for a visa, the Contracting Party across the external borders of which the applicant for asylum has entered the territory of the Contracting Parties shall be responsible.

Until the harmonization of visa policies is completed, and if the applicant for asylum is exempted from the requirement for a visa by certain Contracting Parties only, the Contracting Party across the external border of which the applicant for asylum has entered the territory of the Contracting Parties by means of an exemption from the requirement of a visa shall be responsible, subject to (a), (b) and (c).

If the application for asylum is submitted to a Contracting Party which has issued a transit visa to the applicant - whether the applicant has passed passport checks or not - and if the transit visa was issued after the country of transit had ascertained from the consular or diplomatic authorities of the Contracting Party of destination that the applicant for asylum fulfilled the conditions for entry into the Contracting Party of destination, the Contracting Party of destination shall be responsible for processing the application.

(e) If the applicant for asylum has entered the territory of the Contracting Parties without being in possession of one or more documents permitting the crossing of the border, determined by the Executive Committee, the Contracting Party across the external borders of which the applicant for asylum has entered the territory of the Contracting Parties shall be responsible.

(f) If an alien whose application for asylum is already being processed by one of the Contracting Parties submits a new application, the Contracting Party responsible shall be the one processing the first application.

(g) If an alien on whose previous application for asylum a Contracting Party has already taken a final decision submits a new application, the Contracting Party responsible shall be the one that processed the previous request unless the applicant has left the territory of the Contracting Parties.

2. If a Contracting Party has undertaken the processing of an application

for asylum in accordance with Article 29f4) the Contracting Party

responsible under paragraph 1 of the present Article shall be relieved of

its obligations.

3. If the Contracting Party responsible cannot be determined by means of

the criteria laid down in paragraphs 1 and 2 the Contracting Party to which the application for asylum was submitted shall be responsible.

1. The Contracting Parties shall endeavour to determine as quickly as

possible which of them is responsible for the processing of an application

for asylum.

2. If an application for asylum is addressed to a Contracting Party which

is not responsible under Article 30 by an alien resident within its territory that Contracting Party may request the Contracting Party responsible to take responsibility for the applicant for asylum in order to process his application for asylum.

3. The Contracting Party responsible shall be bound to take responsibility for the applicant for asylum referred to in paragraph 2 if the request is made within six months of the submission of the application for asylum. If the request is not made within that time the Contracting Party to which the application for asylum was submitted shall be responsible for processing the application.

The Contracting Party responsible for the processing of an application for

asylum shall process it in accordance with its national law.

1. If an applicant for asylum is illegally within the territory of another Contracting Party while the asylum procedure is in progress the Contracting Party responsible shall be bound to take him back.

2. Paragraph 1 shall not apply where the other Contracting Party has

issued an applicant for asylum with a residence permit valid for one year

or more. In this case responsibility for the processing of the application shall be transferred to the other Contracting Party.

1. The Contracting Party responsible shall be bound to take back an alien

whose application for asylum has been finally rejected and who has entered

the territory of another Contracting Party without being authorized to reside there.

2. Paragraph 1 shall not, however, apply where the Contracting Party responsible expelled the alien from the territories of the Contracting Parties.

1. The Contracting Party which granted an alien the status of refugee and

gave him the right of residence shall be bound, provided that those concerned are in agreement, to be responsible for processing any application for asylum made by a member of his family.

2. A family member for the purposes of paragraph 1 shall be the spouse or

the unmarried child less than 18 years old of the refugee or, if the refugee is an unmarried child less than 18 years old, his father or mother.

Any Contracting Party responsible for the processing of an application for

asylum may, on humanitarian grounds based on family or cultural reasons,

ask another Contracting Party to assume that responsibility insofar as the

person concerned so wishes. The Contracting Party to whom such a request

is made shall consider whether it can grant it.

1. The competent authorities of the Contracting Parties shall at the earliest opportunity send each other details of:

(a) any new rules or measures adopted as regards the law of asylum or of

the treatment of applicants for asylum no later than their entry into force;

(b) statistical data concerning the monthly arrivals of applicants for asylum, indicating the principal countries of origin, and decisions on applications for asylum insofar as they are available;

(c) the emergence of, or significant increases in, certain groups of applicants for asylum and any information available on this subject;

(d) any fundamental decisions as regards the law of asylum.

2. The Contracting Parties shall also guarantee close co-operation in the

collection of information on the situation in the countries of origin of

applicants for asylum with a view to reaching a common assessment.

3. Any instruction given by a Contracting Party concerning the

confidential processing of the information that it communicates must be

complied with by the other Contracting Parties.

1. Every Contracting Party shall send every other Contracting Party that

requests it the information it holds on an applicant for asylum that is

necessary for purposes of

- determining the Contracting Party responsible for processing the

application for asylum;

- processing the application for asylum;

- implementing the obligations arising under this chapter.

2. Such information may concern only

(a) the identity (name and forename, any previous names, appellations or aliases, date and place of birth, present nationality and any previous nationalities of the applicant for asylum and, where appropriate, the members of his family):

(b) the identity and travel documents (references, periods of validity,

dates of issue, issuing authorities, place of issue, etc.);

(c) any other particulars necessary for establishing the applicant's identity;

(d) places of residence and the itineraries of journeys;

(e) residence permits or visas issued by a Contracting Party;

(f) the place where the application for asylum was submitted;

(g) where appropriate, the date of submission of any previous application for asylum, the date of submission of the present application, the point reached in the procedure and the import of the decision taken.

3. In addition, a Contracting Party may ask another Contracting Party to

inform it of the grounds invoked by an applicant for asylum in support of

his application and, where appropriate, the grounds for the decision taken

on it. The Contracting Party requested shall consider whether it can comply with the request made to it. In any case the communication of such information shall be subject to the consent of the applicant for asylum.

4. Exchanges of information shall be effected at the request of a

Contracting Party and may be effected only between the authorities the

designation of which has been communicated by each Contracting Party to

the Executive Committee.

5. The information exchanged may be used only for the purposes set out in

paragraph 1. Such information may be communicated only to the authorities and jurisdictions responsible for

- determining the Contracting Party responsible for the processing of an

application for asylum;

- processing an application for asylum;

- implementing obligations arising under this Chapter.

6. A Contracting Party that communicates information shall ensure it is

correct and up to date.

If it emerges that this Contracting Party supplied information that was not correct or should not have been communicated the recipient Contracting Parties shall be informed without delay. They shall be bound to correct that information or to delete it.

7. An applicant for asylum shall be entitled to be informed, at his request, of the information exchanged regarding him as long as it is available.

If he ascertains that this information is incorrect or should not have been communicated he shall be entitled to require its correction or deletion. Corrections shall be effected as laid down in paragraph 6.

8. In each Contracting Party concerned the communication and receipt of

information exchanged shall be recorded.

9. Information communicated shall be preserved no longer than the time

necessary for the purposes for which it was exchanged. The need for its

preservation must be assessed in due course by the Contracting Party

concerned.

10. Information communicated shall in any case have at least the same

protection as that laid down in the law of the recipient Contracting Party

for information of a similar nature.

11. If information is not processed automatically but in another manner

each Contracting Party must take appropriate measures to ensure that this

Article is complied with by means of effective checks. If a Contracting

Party has a service of the type referred to in paragraph 12 it may instruct that service to carry out those checks.

12. If one or more Contracting parties want to computerize the processing

of all or part of the information referred to in paragraphs 2 and 3,

computerization shall be authorized only if the Contracting Parties concerned have adopted legislation relating to such processing that

implements the principles of the Council of Europe Convention of 28

January 1981 for the Protection of Individuals with regard to Automatic

Processing of Personal Data and if they have entrusted an appropriate

national body with the independent control of the processing and use of

data communicated under this Convention.

1. The Contracting Parties undertake to ensure that their police authorities shall, in compliance with national legislation and within the limits of their responsibilities, assist each other for the purposes of preventing and detecting criminal offences, insofar as national law does not stipulate that the request is to be made to the legal authorities and provided the request or the implementation thereof does not involve the application of coercive measures by the requested Contracting Party. Where the requested police authorities do not have jurisdiction to implement a request, they shall forward it to the competent authorities.

2. The written information provided by the requested Contracting Party

under paragraph 1 may not be used by the requesting Contracting Party as

evidence of the criminal offence other than with the agreement of the

relevant legal authorities of the requested Contracting Party.

3. Requests for assistance referred to in paragraph 1 and the replies to

such requests may be exchanged between the central bodies responsible in

each Contracting Party for international police co-operation. Where the request cannot be made in good time by the above procedure, it may be

addressed by the police authorities of the requesting Contracting Party

directly to the competent authorities of the requested Party, which may

reply directly. In such cases, the requesting police authority shall as soon as possible inform the central body responsible in the requested Contracting Party for international police co-operation of its direct application.

4. In border regions, co-operation may be covered by arrangements between the responsible Ministers of the Contracting Parties.

5. The provisions of this Article shall not preclude more detailed present or future bilateral agreements between Contracting Parties with a common border. The Contracting Parties shall inform each other of such agreements.

1. Police officers of one of the Contracting Parties who, within the framework of a criminal investigation, are keeping under observation in

their country, a person who is presumed to have taken part in a criminal

offence to which extradition may apply, shall be authorized to continue their observation in the territory of another Contracting Party where the

latter has authorized cross-border observation in response to a request for assistance which has previously been submitted. Conditions may be attached to the authorization.

On request, the observation will be entrusted to officers of the Contracting Party in whose territory it is carried out.

The request, for assistance referred to in the first subparagraph must be

sent to an authority designated by each of the Contracting Parties and

having jurisdiction to grant or to forward the requested authorization.

2. Where, for particularly urgent reasons, prior authorization of the

other Contracting Party cannot be requested, the officers conducting the

observation shall be authorized to continue beyond the border the observation of a person presumed to have committed offences listed in

paragraph 7, provided that the following conditions are met:

(a) the authorities of the Contracting Party designated under paragraph 5,

in whose territory the observation is to be continued, must be notified immediately, during the observation, that the border has been crossed;

(b) a request for assistance submitted in accordance with paragraph 1 and

outlining the grounds for crossing the border without prior authorization shall be submitted without delay.

Observation shall cease as soon as the Contracting Party in whose territory it is taking place so requests, following the notification referred to in (a) or the request referred to in (b) or where authorization has not been obtained five hours after the border was crossed.

3. The observation referred to in paragraphs 1and 2shall be carried out

only under the following general conditions:

(a) The officers conducting the observation must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions of the local responsible authorities.

(b) Except in the situations provided for in paragraph 2, the officers shall, during the observation, carry a document certifying that authorization has been granted.

(c) The officers conducting the observation must be able at all times to provide proof that they are acting in an official capacity.

(d) The officers conducting the observation may carry their service weapons during the observation save where specifically otherwise decided by the requested party; their use shall be prohibited save in cases of legitimate self-defence.

(e) Entry into private homes and places not accessible to the public shall be prohibited.

(f) The officers conducting the observation may neither challenge nor arrest the person under observation.

(g) All operations shall be the subject of a report to the authorities of the Contracting Party in whose territory they took place; the officers conducting the observation may be required to appear in person.

(h) The authorities of the Contracting Party from which the observing officers have come shall, when requested by the authorities of the Contracting Party in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

4. The officers referred to in paragraphs 1 and 2 shall be:

- as regards the Kingdom of Belgium: members of the "police judiciaire

pres les Parquets", the "gendarmerie" and the "police communale" as

well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Federal Republic of Germany: officers of the "Polizeien

des Bundes und der Laender" as well as, with respect only to illegal traffic in narcotic drugs and psychotropic substances and arms traffic, officers of the "Zollfahndungsdienst" (customs investigation service) in their capacity as auxiliary officers of the public ministry;

- as regards the French Republic: officers and criminal police officers

of the national police and national "gendarmerie" as well as customs

officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Grand Duchy of Luxembourg: officers of the "gendarmerie" and the police as well as customs officers, under the

conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Kingdom of the Netherlands: officers of the "Rijkspolitie" and the "Gemeentepolitie" as well as, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives and the illicit carriage of toxic and dangerous waste, officers of the fiscal information and research service responsible for entry and excise duties.

5. The authority referred to in paragraphs 1 and 2 shall be:

- as regards the Kingdom of Belgium: the "Commissariat general de la

Police judiciaire";

- as regards the Federal Republic of Germany: the "Bundeskriminalamt.";

- as regards the French Republic: the "Direction centrale de la Police

judiciaire";

- as regards the Grand Duchy of Luxembourg: the "Procureur general

d'Etat";

- as regards the Kingdom of the Netherlands: the "Landelijk Officier van

Justitie" responsible for cross-border observation.

6. The Contracting Parties may, at bilateral level, extend the scope of

this Article and adopt additional measures in implementation thereof.

7. The observation referred to in paragraph 2 may take place only for one

of the following criminal offences:

- assassination,

- murder,

- rape,

- arson,

- counterfeiting,

- armed robbery and receiving of stolen goods,

- extortion,

- kidnapping and hostage taking,

- traffic in human beings,

- illicit traffic in narcotic drugs and psychotropic substances,

- breach of the laws on arms and explosives,

- use of explosives,

- illicit carriage of toxic and dangerous waste.

1. Officers of one of the Contracting Parties following, in their country, an individual apprehended in the act of committing one of the offences referred to in paragraph 4 or participating in one of those offences, shall be authorized to continue pursuit in the territory of another Contracting Party without prior authorization where given the particular urgency of the situation it was not possible to notify the competent authorities of the other Contracting Party by one of the means provided for in Article 44 prior to entry into that territory or where these authorities have been unable to reach the scene in time to take over the pursuit.

The same shall apply where the person pursued has escaped from provisional custody or while serving a custodial sentence.

The pursuing officers shall, not later than when they cross the border, contact the competent authorities of the Contracting Party in whose territory the pursuit is to take place. The pursuit will cease as soon as

the Contracting Party on the territory of which the pursuit is taking place so requests. AL the request of the pursuing officers, the competent local authorities shall challenge the pursued person so as to establish his identity or to arrest him.

2. The pursuit shall be carried out in accordance with one of the following procedures, defined by the declaration provided for in paragraph 9:

(a) The pursuing officers shall not have the right to apprehend.

(b) If no request to cease the pursuit is made and if the competent local authorities are unable to intervene quickly enough, the pursuing officers may apprehend the person pursued until the officers of the Contracting Party in the territory of which the pursuit is taking place, who must be informed without delay, are able to establish his identity or arrest him.

3. Pursuit shall be carried out in accordance with paragraphs 1 and 2 in

one of the following ways as defined by the declaration provided for in

paragraph 9:

(a) in an area or during a period as from the crossing of the border, to be established in the declaration;

4. In a declaration referred to in paragraph 9, the Contracting Parties shall define the offences referred to in paragraph 1 in accordance with one of the following procedures:

- assassination,

- murder,

- rape,

- arson,

- counterfeiting,

- armed robbery and receiving of stolen goods,

- extortion,

- kidnapping and hostage taking,

- traffic in human beings,

- illicit traffic in narcotic drugs and psychotropic substances,

- breach of the laws on arms and explosives,

- use of explosives,

- illicit carriage of toxic and dangerous waste.

- taking to flight after an accident which has resulted in death

or serious injury.

5. Pursuit shall be subject to the following general conditions:

(a) The pursuing officers must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions of the competent local authorities.

(b) Pursuit shall be solely over land borders.

(c) Entry into private homes and places not accessible to the public shall be prohibited.

(d) The pursuing officers shall be easily identifiable, either by their uniform or by means of an armband or by accessories fitted to their vehicle; the use of civilian clothes combined with the use of unmarked vehicles without the aforementioned identification is prohibited; the pursuing officers must at all times be able to prove that they are acting in an official capacity.

(e) The pursuing officers may carry their service weapons; their use shall be prohibited save in cases of legitimate self-defence.

(f) Once the pursued person has been apprehended as provided for in paragraph 2fb1, for the purpose of bringing him before the competent local authorities he may be subjected only to a security search; handcuffs may be used during his transfer; objects carried by the pursued person may be seized.

(g) After each operation mentioned in paragraphs 1, 2 and 3, the pursuing officers shall present themselves before the local competent authorities of the Contracting Party in whose territory they were operating and shall give an account of their mission; at the request of those authorities, they must remain at their disposal until the circumstances of their action have been adequately elucidated; this condition shall apply even where the pursuit has not resulted in the arrest of the pursued person.

(h) The authorities of the Contracting Party from which the pursuing officers have come shall, when requested by the authorities of the Contracting Party in whose territory the pursuit took place assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

6. A person who, following the action provided for in paragraph 2, has

been arrested by the competent local authorities may, whatever his nationality, be held for questioning. The relevant rules of national law

shall apply by analogy.

If the person is not a national of the Contracting Party in the territory of which he was arrested, he shall be released no later than six hours after his arrest, not including the hours between midnight and 9.00 in the morning, unless the competent local authorities have previously received a request for his provisional arrest for the purposes of extradition in any form whatever.

7.The officers referred to in the previous paragraphs shall be:

- as regards the Kingdom of Belgium: members of the "police judiciairce

pres les Parquets", the "gendarmerie" and the "police communale" as

well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Federal Republic of Germany: officers of the "Polizeien

des Bundes und der Laender" as well as, with respect only to illegal traffic in narcotic drugs and psychotropic substances and arms traffic, officers of the "Zollfahndungsdienst" (customs investigation service) in their capacity as auxiliary officers of the public ministry;

- as regards the French Republic: officers and criminal police officers

of the national police and national "gendarmerie" as well as customs

officers, under the conditions laid down in the appropriate bilateral

agreements referred to in paragraph 10, with respect to their powers

regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Grand Duchy of Luxembourg: officers of the "gendarmerie" and the police as well as customs officers, under the

conditions laid down in the appropriate bilateral agreements referred

to in paragraph 10, with respect to their powers regarding illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives, and the illicit carriage of toxic and dangerous waste;

- as regards the Kingdom of the Netherlands: officers of the "Rijkspolitie" and the "Gemeentepolitie" as well as, under the conditions laid down in the appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding the illicit traffic in narcotic drugs and psychotropic substances, traffic in arms and explosives and the illicit carriage of toxic and dangerous waste, officers of the fiscal information and research service responsible for entry and excise duties.

8. This Article shall be without prejudice, where the Contracting Parties

are concerned, to Article 27 of the Benelux Treaty of 27 June 1962 on

Extradition and Mutual Assistance in Criminal Matters as amended by the

Protocol of 11 May 1974;

9. On signing this Convention, each Contracting Party shall make a

declaration in which it shall define, on the basis of paragraphs 2, 3 and

4 above, the procedures for implementing pursuit in its territory for each

of the Contracting Parties with which it has a common border.

A Contracting Party may at any moment replace its declaration by another

declaration, provided the latter does not, restrict the scope of the former.

Each declaration shall be made after consultations with each of the

Contracting Parties concerned and with a view to obtaining equivalent

arrangements on both sides of internal borders.

10. The Contracting Parties may, on a bilateral basis, extend the scope

of paragraph 1 and adopt additional provisions in implementation of this

Article.

During the operations referred to in Articles 40 and 41, officers

operating on the territory of another Contracting Party shall be regarded

as officers of that Party with respect to offences committed against them

or by them.

1. Where, in accordance with Articles 40 and 41 of this Convention,

officers of a Contracting Party are operating in the territory of another

Contracting Party, the first Contracting Party shall be responsible for any damage caused by them during the course of their mission, in accordance with the law of the Contracting Party in whose territory they are operating.

2. The Contracting Party in whose territory the damage referred to in paragraph 1 is caused shall repair such damage under the conditions

applicable to damage caused by its own officers.

3. The Contracting Party whose officers have caused damage to whomsoever in the territory of another Contracting Party shall reimburse in full to the latter any sums it has paid out to the victims or other entitled persons.

4. Without prejudice to the exercise of its rights vis-à-vis third parties and without prejudice to paragraph 3, each Contracting Party shall refrain, in the case provided for in paragraph 1, from requesting reimbursement of the amount of the damages it has sustained from another Contracting Party.

1. In accordance with the relevant international agreements and account

being taken of local circumstances and the technical possibilities, the

Contracting Parties shall set up, in particular in border areas, telephone, radio, and telex lines and other direct links to facilitate police and customs co-operation, in particular for the transmission of information in good time for the purposes of cross-border observation and pursuit.

2. In addition to these short-term measures, they will in particular examine the following possibilities:

(a) the exchange of equipment or the assignment of liaison officials provided with appropriate radio equipment;

(b) the widening of the frequency bands used in border areas;

(c) the establishment of a common link for police and customs services operating in these same areas;

(d) co-ordination of their programmes for the procurement of communications equipment, with a view to achieving the introduction of standardized compatible communications systems.

1. The Contracting Parties undertake to take the measures required to

guarantee that. :

(a) the managers of establishments providing lodging or their employees

ensure that aliens accommodated therein, including nationals of the other Contracting Parties as well as those of other Member States of the European Communities, with the exception of accompanying spouses

or minors or members of travel groups, personally complete and sign

declaration forms and confirm their identity by the production of a valid identity document;

(b) the declaration forms thus completed will be kept for the competent

authorities or forwarded to them where such authorities deem this

necessary for the prevention of threats, for criminal proceedings or

to ascertain what has happened to persons who have disappeared or who

have been the victim of an accident, save where national law provides

otherwise.

2. Paragraph 1 shall apply by analogy to persons staying in any accommodation provided by professional lessors, in particular tents,

caravans and boats.

1. In particular cases, each Contracting Party may, in compliance with its national legislation and without being asked, send the Contracting Party concerned any information which may be of interest to it in helping prevent future crime and to prevent offences against or threats to public order and security.

2. Information shall be exchanged, without prejudice to the arrangements

for co-operation in border areas referred to in Article 39l4), through a central body to be designated. In particularly urgent cases, the exchange

of information within the meaning of this Article may take place directly

between the police authorities concerned, save where national provisions

provide otherwise. The central body shall be informed of this as soon as

possible.

1. The Contracting Parties may conclude bilateral agreements providing for the secondment, for a specified or unspecified period, of liaison officers from one Contracting Party to the police authorities of the other Contracting Party.

2. The secondment of liaison officers for a specified or unspecified period is intended to promote and to accelerate co-operation between the Contracting Parties, particularly by providing assistance.

(a) in the form of the exchange of information for the purposes of fighting crime by means both of prevention and of punishment,

(b) in complying with requests for mutual police assistance and legal assistance in criminal matters;

(c) for the purposes of missions carried out by the authorities responsible for the surveillance of external borders.

3. Liaison officers shall have the task of giving advice and assistance.

They shall not be competent to take independent police action. They shall

supply information and perform their duties in accordance with the

instructions given to them by the Contracting Party of origin and by the

Contracting Party to which they are seconded. They shall make report

regularly to the head of the police service to which they are seconded.

4. The Contracting Parties may agree within a bilateral or multilateral

framework that liaison officers from a Contracting Party seconded to third

States shall also represent the interests of one or more other Contracting

Parties. Under such agreements, liaison officers seconded to third States

shall supply information to other Contracting Parties when requested to do

so or on their own initiative and shall, within the limits of their powers, perform duties on behalf of such Parties. The Contracting Parties shall inform one another of their intentions as regards the secondment of

liaison officers to third States.

1. The provisions of this Chapter are intended to supplement the European

Convention of 20 April 1959 on Mutual Assistance in Criminal Matters as

well as, in relations between the Contracting Parties which are members of

the Benelux Economic Union, Chapter II of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as

amended by the Protocol of 11 May 1974, and to facilitate the implementation of these agreements.

2. Paragraph 1 shall not affect the application of the broader provisions

of the bilateral agreements in force between the Contracting Parties.

Mutual assistance shall also be afforded:

(a) in proceedings brought by the administrative authorities in respect of

offences which are punishable in one of the two Contracting Parties or

in both Contracting Parties by virtue of being infringements of the rules of law, where the decision may give rise to proceedings before a criminal court;

(b) in proceedings for compensation in respect of unjustified prosecution

or conviction;

(c) in proceedings in non-contentious matters;

(d) in civil proceedings joined to criminal proceedings, as long as the criminal court has not yet given a final ruling in the criminal proceedings;

(e) to communicate legal statements relating to the execution of a sentence or measure, the imposition of a fine or the payment of costs or proceedings;

(f) in respect of measures relating to the suspension of delivery of a sentence or measure, conditional release or the postponement or suspension of execution of a sentence or measure.

1. The Contracting Parties undertake to afford each other, in accordance

with the Convention and the Treaty referred to in Article 48, mutual

assistance as regards infringements of their rules of law with respect to

excise duty, value added tax and customs duties. Customs provisions are

the rules laid down in Article 2 of the Convention of 7 September 1967

between Belgium, the Federal Republic of Germany, France, Italy,

Luxembourg and the Netherlands on mutual assistance between customs

administrations, as well as Article 2 of Council Regulation (EEC) No

1468/81 of 19 May 1981.

2. Requests based on evasion of excise duties may not be rejected on the

grounds that the country requested does not levy excise duties on the goods referred to in the request.

3. The requesting Contracting Party shall not forward or use information

or evidence obtained from the requested Contracting Party for enquiries,

proceedings or procedures other than those referred to in its request, without the prior assent of the requested Contracting Party.

4. The mutual assistance provided for in this Article may be refused

where the alleged amount of duty underpaid or evaded is no more than ECU 25000 or where the presumed value of the goods exported or imported without authorization is no more than ECU 100000, unless, given the circumstances or the identity of the accused, the case is deemed to be

extremely serious by the requesting Contracting Party.

5. The provisions of this Article shall also apply when the mutual assistance requested concerns infringements punishable only by a fine as

infringements of the rules of law in proceedings brought by the administrative authorities, where the request for assistance emanates from

a judicial authority.

The Contracting Parties may not make the admissibility of letters rogatory

for search or seizure dependent on conditions other than the following:

(a) the offence giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a custodial sentence or a security measure restricting liberty of a maximum of at least six months or is punishable under the law of one of the two Contracting Parties by an equivalent penalty and under the law of the other Contracting Party as an infringement of the regulations which is prosecuted by the administrative authorities where the decision may give rise to proceedings before a criminal court.

(b) execution of the letters rogatory is consistent with the law of the

requested Contracting Party.

1. Each Contracting Party may address procedural documents directly by

post to persons who are in the territory of another Contracting Party. The

Contracting Parties shall send the Executive Committee a list of the documents which may be forwarded in this way.

2. Where there is reason to believe that the addressee does not understand the language in which the document is drafted, the document - or at least the important passages in it - must be translated into (one of) the language(s) of the Contracting Party in the territory of which the addressee is staying. If the authority forwarding the document knows that the addressee speaks only another language, the document - or at least the

important passages thereof - must be translated into that other language.

3. An expert or witness who has failed to answer a summons to appear,

sent to him by post, shall not, even if the summons contains a notice of

penalty, be subjected to any punishment or measure of restraint, unless

subsequently he voluntarily enters the territory of the requesting Party and is there again duly summoned. The authority sending a summons to appear by post shall ensure that it does not involve penalties. This provision shall be without prejudice to Article 34 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962 as amended by the Protocol of 11 May 1974.

4. If the offence on which the request for assistance is based is punishable under the law of both Contracting Parties as an infringement of the regulations which is being prosecuted by the administrative authorities where the decision may give rise to proceedings before a criminal court, the procedure outlined in paragraph 1 must in principle be used for the forwarding of procedural documents.

5. Notwithstanding paragraph 1, procedural documents may be forwarded

through the legal authorities of the requested Contracting Party where the

addressee's address is unknown or where the requesting Contracting Party

requires a formal service.

1. Requests for assistance may be made directly between legal authorities

and returned through the same channels.

2. Paragraph 1 shall not prejudice the possibility of requests being sent and returned between Ministries of Justice or through the intermediary of national central offices of the International Criminal Police Organization.

3. Requests for the temporary transfer or transit of persons provisionally under arrest or detained or who are the subject of a measure depriving them of their liberty, and the periodic or occasional exchange of data from the judicial records must be effected through the Ministries of Justice.

4. Within the meaning of the European Convention of 20 April 1959 on

Mutual Assistance in Criminal Matters, Ministry of Justice means, where

the Federal Republic of Germany is concerned, the Federal Minister of

Justice and the Justice Ministers or Senators of the Federal States.

5. Information laid with a view to proceedings in respect of infringements of the legislation on driving and rest time, in accordance with Article 21 of the European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters or with Article 42 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, may be sent by the legal authorities of the requesting Contracting Party directly to the legal authorities of the equested Contracting Party.

C H A P T E R 3

Application of the Non bis in idem principle

Article 54

A person who has been finally judged by a Contracting Party may not be

prosecuted by another Contracting Party for the same offences provided that, where he is sentenced, the sentence has been served or is currently being served or can no longer be carried out under the sentencing laws of

the Contracting Party.

1. A Contracting Party may, when ratifying, accepting or approving this

Convention, declare that it is not bound by Article 54 in one or more of

the following cases:

(a) where the acts to which the foreign judgment relates took place in whole or in part in its own territory; in the latter case, this exception shall not however apply if the acts took place in part in the territory of the Contracting Party where the judgment was given;

(b) where the acts to which the foreign judgment relates constitute an

offence against State security or other equally essential interests of that Contracting Party;

(c) where the acts to which the foreign judgment relates were committed by

an official of that Contracting Party in violation of the obligations of his office.

2. A Contracting Party which has made a declaration regarding the exception referred to in paragraph 1(b) shall specify the categories of

offences to which this exception may apply.

3. A Contracting Party may at any moment withdraw a declaration relating

to one or more of the exceptions referred to in paragraph 1.

4. The exceptions which were the subject of a declaration under paragraph

1 shall not apply where the Contracting Party concerned has, in respect of

the same acts, requested the other Contracting Party to prosecute or has

granted the extradition of the person concerned.

If further proceedings are brought by a Contracting Party against a person

who has been finally judged for the same offences by another Contracting

Party, any period of deprivation of liberty served on the territory of the

latter Contracting Party on account of the offences in question must be

deducted from any sentence handed down. Account will also be taken, to the extent that national legislation permits, of sentences other than periods

of imprisonment already undergone.

1. Where a Contracting Party accuses an individual of an offence and the

competent authorities of that Contracting Party have reason to believe that the accusation relates to the same offences as those for which the individual has already been finally judged by another Contracting Party, these authorities shall, if they deem it necessary, request the relevant information from the competent authorities of the Contracting Party in whose territory judgment has already been delivered.

2. The information requested shall be provided as soon as possible and shall be taken into consideration as regards further action to be taken in

the proceedings in progress.

3. At the time of ratification, acceptance or approval of this Convention, each Contracting Party will nominate the authorities which will be authorized to request and receive the information provided for in this Article.

The above provisions shall not preclude the application of wider national

provisions on the "non bis in idem" effect attached to legal decisions taken abroad.

1. The provisions of this Chapter are intended to supplement the European

Convention of 13 September 1957 on Extradition as well as, in relations

between the Contracting Parties which are members of the Benelux Economic Union, Chapter I of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, and to facilitate the implementation of these agreements.

2. Paragraph 1 shall not affect the application of the broader provisions

of the bilateral agreements in force between Contracting Parties.

In relations between two Contracting Parties, one of which is not a party

to the European Convention on Extradition of 13 September 1957, the

provisions of the said Convention shall apply, subject to the reservations

and declarations made at the time of ratifying this Convention or, for

Contracting Parties which are not parties to the Convention, at the time

of ratifying, approving or accepting the present Convention.

The French Republic undertakes to extradite, at the request of one of the

Contracting Parties, persons against whom proceedings are being taken for

offences punishable under French law by deprivation of liberty or under a

detention order for a maximum period of at least two years and under the

law of the requesting Contracting Party by deprivation of liberty or under

a detention order for a maximum period of at least a year.

1. As regards interruption of prescription, only the provisions of the

requesting Contracting Party shall apply.

2. An amnesty granted by the requested Contracting Party shall not prevent extradition unless the offence falls within the jurisdiction of that Contracting Party.

3. The absence of a charge or an official notice authorizing proceedings,

necessary only under the legislation of the requested Contracting Party,

shall not affect the obligation to extradite.

The Contracting Parties undertake, in accordance with the Convention and

the Treaty referred to in Article 54, to extradite between themselves persons being prosecuted by the legal authorities of the requesting

Contracting Party for one of the offences referred to in Article 50(1), or

being sought by them for the purposes of execution of a sentence or

detention order imposed in respect of such an offence.

A report included in the Schengen Information System in accordance with

Article 95 shall have the same force as a request for provisional arrest

under Article 16 of the European Convention on Extradition of 13 September 1957 or Article 15 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974.

1. Without prejudice to the option to use the diplomatic channel, requests for extradition and transit shall be sent by the relevant Ministry of the requesting Contracting Party to the relevant Ministry of the requested Contracting Party.

2. The relevant Ministries shall be:

- as regards the Kingdom of Belgium: the Ministry of Justice;

- as regards the Federal Republic of Germany: the Federal Ministry of

Justice and the Justice Ministers or Senators of the Federal States;

- as regards the French Republic: the Ministry of Foreign Affairs;

- as regards the Grand Duchy of Luxembourg: the Ministry of Justice;

- as regards the Kingdom of the Netherlands: the Ministry of Justice.

1. If the extradition of a wanted person is not obviously prohibited

under the laws of the requested Contracting Party, that Contracting Party

may authorize extradition without formal extradition proceedings, provided

that the wanted person agrees thereto in a statement made before a member

of the judiciary after being examined by the latter and informed of his

right to formal extradition proceedings. The wanted person may have access to a lawyer during such examination.

2. In cases of extradition under paragraph 1, a wanted person who

explicitly states that he will not invoke the rule of speciality may not

revoke that statement.

The following provisions shall apply between the Contracting Parties who

are parties to the Council of Europe Convention of 21 March 1983 on the

Transfer of Sentenced Persons, for the purposes of supplementing that

Convention.

1. The Contracting Party in whose territory a sentence of deprivation of

liberty or a detention order has been imposed in a judgment which has

obtained the force of res judicata in respect of a national of another

Contracting Party who, by escaping to his own country, has avoided the

execution of that sentence or detention order, may request the latter

Contracting Party, if the escaped person is in its territory, to take over

the execution of the sentence or of the detention order.

2. The requested Contracting Party may, at the request of the requesting

Contracting Party, prior to the arrival of the documents supporting the request that the execution of the sentence or of the detention order or part of the sentence be taken over, and prior to the decision on that request, take the convicted person into police custody or take other measures to ensure that he remains in the territory of the requested Contracting Party.

The transfer of execution under Article 68 shall not require the consent

of the person on whom the sentence or the detention order has been

imposed. The other provisions of the Council of Europe Convention of 21

March 1983 on the Transfer of Sentenced Persons shall apply by analogy.

1. The Contracting Parties shall set up a permanent working party to

examine common problems relating to the combating of offences involving

narcotic drugs and to draw up proposals, where necessary, to improve the

practical and technical aspects of co-operation between the Contracting

Parties. The working party shall submit its proposals to the Executive

Committee.

2. The working party referred to in paragraph 1, the members of which are

nominated by the relevant national authorities, shall include representatives of the police and of the customs authorities.

1. The Contracting Parties undertake as regards the direct or indirect sale of narcotic drugs and psychotropic substances of whatever type, including cannabis, and the possession of such products and substances for sale or export, to take, in compliance with the existing United Nations conventions, all measures necessary for the prevention and punishment

of the illicit traffic in narcotic drugs and psychotropic substances.

2. The Contracting Parties undertake to prevent and to punish by administrative and penal measures the illegal export of narcotic drugs and

psychotropic substances, including cannabis, as well as the sale, supply

and handling of such products and substances, without prejudice to the

relevant provisions of Articles 74, 75 and 76.

3. To combat the illegal importation of narcotic drugs and psychotropic

substances, including cannabis, the Contracting Parties shall strengthen

the checks on the movement of persons and goods and of means of transport at their external borders. Such measures shall be drawn up by the working party provided for in Article 70. This working party shall consider inter alia the reassignment of some of the police and customs staff released

from internal border duty, as well as recourse to modern drug-detection

methods and sniffer dogs.

4. To ensure compliance with this Article, the Contracting Parties shall

specifically maintain surveillance on places known to be used for drug

trafficking.

5. The Contracting Parties shall do all in their power to prevent and

combat the negative effects of the illicit demand for narcotic drugs and

psychotropic substances of whatever kind, including cannabis. The measures adopted to this end shall be the responsibility of each Contracting Party.

The Contracting Parties shall, in accordance with their constitution and

their national legal system, ensure that legislation is enacted to permit

the seizure and confiscation of assets deriving from illicit traffic in

narcotic drugs and psychotropic substances.

1. The Contracting Parties undertake, in accordance with their constitution and their national legal system, to take measures to allow monitored deliveries to take place in the illicit traffic in narcotic drugs and psychotropic substances.

2. In each individual case, a decision to allow monitored deliveries will

be taken on the basis of prior authorization by each of the Contracting

Parties concerned.

3. Each Contracting Party shall retain responsibility for and control over the operation on its own territory and shall be empowered to intervene.

With respect to legal trade in narcotic drugs and psychotropic substances,

the Contracting Parties agree to transfer inside the country, wherever

possible, checks conducted at the border and arising from obligations

under the United Nations Conventions listed in Article 71.

1. As regards the movement of travellers to the territory of the Contracting Parties or within such territory, individuals may carry narcotic drugs and psychotropic substances in connection with medical treatment, provided they produce at any check a certificate issued or authenticated by a competent authority of the State of residence.

2. The Executive Committee shall adopt the form and content of the

certificate referred to in paragraph 1 and issued by one of the Contracting Parties, with particular reference to the data regarding the nature and quantity of the products and substances and the duration of the journey.

3. The Contracting Parties shall notify each other of the authorities

responsible for the issue and authentication of the certificate referred

to in paragraph 2.

1. The Contracting Parties shall, if necessary, and in accordance with

their medical, ethical and practical usage, adopt the appropriate measures

for the monitoring of narcotic drugs and psychotropic substances subjected

in the territory of one or more Contracting Party to more rigorous checks

than in their own territory so that the effectiveness of such checks is

not prejudiced.

2. Paragraph 1shall also apply to substances frequently used for the

manufacture of narcotic drugs and psychotropic substances.

3. The Contracting Parties shall notify each other of the measures taken

in order to monitor the legal trade in the substances referred to in

paragraphs 1 and 2.

4. Problems experienced in this connection shall be regularly raised in

the Executive Committee.

1. The Contracting Parties undertake to bring into line with the provisions of this Chapter their national laws, regulations and administrative provisions relating to the purchase, possession, sale and surrender of firearms and ammunition.

2. This Chapter covers the purchase, possession, sale and surrender of firearms and ammunition by natural and legal persons; it does not cover

their supply to the central and territorial authorities, the armed forces

or the police, nor the purchase or possession by them of firearms and

ammunition nor the manufacture of firearms and ammunition by public

undertakings.

1. For the purposes of this Chapter, firearms shall be classified as

follows:

(a) prohibited arms,

(b) arms subject to authorization,

(c) arms subject to declaration.

2. The locking mechanism, the magazine and the barrel of firearms shall be subject mutatis mutandis to the provisions which apply to the weapon of

which they form or are intended to form a part.

3. For the purposes of this Convention, "short firearms" means firearms

with a barrel which is not more than 30 cm long or with a total length of

not more than 60 cm; "long firearms" means all other firearms.

1. The list of prohibited firearms and ammunition shall include the following items:

(a) firearms normally used as war firearms;

(b) automatic firearms, even if they are not war firearms;

(c) firearms disguised as other items;

(d) armour-piercing, explosive or incendiary ball ammunition and projectiles for such ammunition;

(e) ammunition for pistols and revolvers with dum-dum or hollow-pointed

projectiles and such projectiles.

2. The competent authorities may, in special cases, grant authorizations

for the firearms and ammunition referred to in paragraph 1, if public

order and security do not preclude it.

1. The list of firearms, the purchase and possession of which is subject

to authorization, shall include at least the following firearms if they

are not prohibited:

(a) semi-automatic or repeater short firearms;

(b) single-shot short firearms with centre fire;

(c) single-shot short firearms with rim fire, with a total length under 28 cm;

(d) semi-automatic long firearms of which the magazine and chamber can

contain more than three cartridges;

(e) repeater semi-automatic long firearms with a smoothbore barrel, the barrel of which is not longer than 60 cm;

(f) semi-automatic civilian firearms which resemble automatic war firearms.

2. The list of firearms subject to authorization shall not include:

(a) arms used as warning devices, teargas guns or alarms, provided that it

can be technically proved that such arms cannot be converted, using ordinary tools, to fire ball ammunition and provided the firing of an irritant substance does not cause irreversible injury to persons;

(b) semi-automatic long firearms of which the magazine and chamber cannot contain more than three cartridges without being reloaded, provided

that the loader is immovable or that it can be proved these firearms cannot be converted, using ordinary tools, into firearms of which the magazine and chamber can contain more than three cartridges.

The list of firearms subject to declaration shall include, if such arms

are neither prohibited nor subject to authorization:

(a) repeater long firearms;

(b) single-shot long firearms with a rifled barrel or barrels;

(c) single-shot short firearms with rim fire with a total length exceeding

28 cm;

(d) the arms listed in Article 80(2)(b).

The list of arms referred to in Articles 79, 80 and 81 shall not include:

(a) firearms, the model or year of manufacture of which, save in exceptional cases, predates 1 January 1870, provided that they cannot

fire ammunition intended for prohibited or authorized arms;

(b) reproduction of arms under (a), provided that they cannot be used with

metal-case cartridges;

(c) firearms adapted, in accordance with technical procedures guaranteed

by the stamp of an official body or recognized by such a body, so that they cannot fire ammunition.

A permit to purchase and possess a firearm listed in Article 80 may be

issued only:

(a) if the person concerned is over 18 years of age, with the exception of dispensations for hunting and sport purposes;

(b) if the person concerned is not unfit to purchase or possess a firearm

as a result of mental illness or any other mental or physical disability;

(c) if the person concerned has not been convicted of an offence or if there are no other indications that he might be a danger to public order and security;

(d) if the reasons given by the person concerned for purchasing or possessing firearms can be considered legitimate.

1. Declarations in respect of the firearms mentioned in Article 81 shall

be entered in a register kept by the persons referred to in Article 85.

2. If a firearm is disposed of by a person not referred to in Article 85,

a declaration of disposal must be made in accordance with the detailed

rules to be laid down by each Contracting Party.

3. The declarations referred to in this Article must contain the

necessary details to identify the persons and the arms concerned.

1. The Contracting Parties undertake to subject to an obligation of

authorization persons who manufacture firearms subject to authorization

and persons selling such firearms, and to subject to an obligation of

declaration persons who manufacture firearms subject to declaration and

persons selling such firearms. Authorization in respect of firearms

subject to authorization shall also cover firearms subject to declaration.

The Contracting Parties shall make effective checks on persons who

manufacture arms and persons who sell arms.

2. The Contracting Parties undertake to adopt measures to ensure that, as

a minimum requirement, all firearms are marked durably with a serial number permitting their identification and carry the manufacturer's mark.

3. The Contracting Parties shall oblige manufacturers and dealers to keep

a register of all firearms subject to authorization or to declaration; the register must make it possible rapidly to determine the nature of firearms, their origin and the purchaser.

4. As regards firearms subject to authorization subject to Articles 79

and 80, the Contracting Parties undertake to adopt measures to ensure that

the serial number and the manufacturer's mark on the firearm are

reproduced on the permit supplied to its holder.

1. The Contracting Parties undertake to adopt measures prohibiting,

legitimate holders of firearms subject to authorization or declaration

from transferring these arms to persons not holding a permit for their

purchase or a declaration certificate.

2. The Contracting Parties may authorize the temporary transfer of such

firearms in accordance with procedures which they lay down.

1. The Contracting Parties shall incorporate in their national

legislation provisions permitting permits to be withdrawn from persons who no longer satisfy the conditions for the issue of permits laid down in

Article 83.

2. The Contracting Parties undertake to take appropriate measures,

including seizure of firearms and withdrawal of permits and to punish in

an appropriate way infringements of the laws and administrative provisions

applicable to firearms. Such penalties may provide for the confiscation of

firearms.

1. Persons who have a permit to purchase a firearm shall not require an

authorization to purchase ammunition for such firearms.

2. The purchase of ammunition by persons who do not have a permit to

purchase arms shall be subject to the system governing the arm for which

the ammunition is intended. Such authorization may cover a single category or all categories of ammunition.

The lists of firearms which are prohibited, subject to authorization or subject to declaration may be amended or supplemented by the Executive

Committee to take account of technical developments, economic trends and

State security.

The Contracting Parties shall have to adopt more stringent laws and provisions on the purchase and possession of firearms and ammunition.

1. The Contracting Parties agreed, on the basis of the European Convention of 28 June 1978 on the Control of the Acquisition and

Possession of Firearms by individuals, to create within the framework of

their national legislation an exchange of information on the acquisition

of firearms by persons - whether private individuals or retailing gunsmiths - normally resident or established in the territory of another Contracting Party. a retailing gunsmith is deemed to be any person whose professional activity consists, in whole or in part, in trade in or the retailing of firearms.

2. The exchange of information shall concern:

(a) between two Contracting Parties having ratified the Convention referred to in paragraph 1, the firearms listed in Annex 1(A)(l)(a) to (h) of that Convention;

(b) between two Contracting Parties at least one of which has not ratified the Convention referred to in paragraph 1, firearms which are subject to authorization or declaration in each of the Contracting Parties.

3. Information regarding the acquisition of firearms shall be communicated without delay and shall include the following data:

(a) the date of the acquisition and the identity of the purchaser, viz.:

- in the case of a physical person: name, forenames, date and place of

birth, address and passport or identity card number, and date of issue

and indication of the issuing authority, whether gunsmith or not;

- in the case of a legal person: the name or business name and

registered place of business as well as the name, forenames, date and

place of birth, address and passport or identity card number of the

person authorized to represent the legal person:

(b) the model, manufacturer's number, calibre and other characteristics of the firearm in question as well as its serial number.

4. Each Contracting Party shall designate the national authority responsible for sending and receiving the information referred to in paragraphs 2 and 3 and shall notify the other Contracting Parties without delay of any change in the identity of that authority.

5. The authority designated by each Contracting Party may forward the

information notified to it to the competent local police authorities and to the authorities responsible for checks at the borders, for the purposes of preventing or prosecuting punishable offences and breaches of the rules.

Article 92

1. The Contracting Parties shall set up and maintain a joint information

system; hereinafter referred to as the Schengen Information System, consisting of a national section in each of the Contracting Parties and a

technical support function. The Schengen Information System shall enable

the authorities designated by the Contracting Parties, by means of an

automated search procedure, to have access to reports on persons and

objects for the purposes of border checks and controls and other police

and customs checks carried out within the country in accordance with

national law and, in the case of the single category of report referred to

in Article 96, for the purposes of issuing visas, the issue of residence

permits and the administration of aliens in the context of the application

of the provisions of this Convention relating to the movement of persons.

2. Each Contracting Party shall set up and maintain, for its own account

and at its own risk, its national section of the Schengen Information

System, the data file of which shall be made materially identical to the

data files of the national sections of each of the other Contracting

Parties using the technical support function. To ensure the rapid and

effective transmission of data as referred to in paragraph 3, each

Contracting Party shall observe, when creating its national section, the

protocols and procedures which the Contracting Parties have jointly

established for the technical support function. Each national section's

data file shall be available for the purposes of automated search in the

territory of each of the Contracting Parties. It shall not be possible to

search the data files of other Contracting Parties' national sections.

3. The Contracting Parties shall set up and maintain jointly and with

joint liability for risks, the technical support function of the Schengen

Information System, the responsibility for which shall be assumed by the

French Republic; the technical support function shall be located in Strasbourg. The technical support function shall comprise a data file

which ensures that the data files of the national sections are kept identical by the on-line transmission of information. The data file of the technical support function shall contain reports on persons and objects where these concern all the Contracting Parties. The data file of the technical support function shall contain no data other than those referred to in this paragraph and in Article 113(2).

The purpose of the Schengen Information System shall be in accordance with this Convention to maintain public order and security, including State

security, and to apply the provisions of this Convention relating to the

movement of persons, in the territories of the Contracting Parties, using

information transmitted by, the system.

1. The Schengen Information System shall contain only the categories of

data which are supplied by each of the Contracting Parties and are required for the purposes laid down in Articles 95 to 100. The Contracting Party providing a report shall determine whether the importance of the case warrants the inclusion of the report in the Schengen Information System.

2. The categories of data shall be as follows:

(a) persons reported

(b) objects referred to in Article 100 and vehicles referred to in Article 99.

3. The items included in respect of persons, shall be no more than the

following:

(a) name and forename, any aliases possibly registered separately;

(b) any particular objective and permanent physical features;

(c) first letter of second forename;

(d) date and place of birth;

(e) sex;

(f) nationality;

(g) whether the persons concerned are armed;

(h) whether the persons concerned are violent;

(i) reason for the report;

(j) action to be taken.

Other references, in particular the data listed in Article 6, first sentence of the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, shall not be authorized.

4. Insofar as a Contracting Party considers that a report in accordance

with Articles 95, 97 or 99 is incompatible with its national law, its

international obligations or essential national interests, it may subsequently add to the report in the data file of the national section of the Schengen Information System a note to the effect that the action referred to will not be taken in its territory in connection with the report. Consultations must be held in this connection with the other Contracting Parties. If the reporting Contracting Party does not withdraw the report it will continue to apply in full for the other Contracting Parties.

1. Data relating to persons wanted for arrest for extradition purposes

shall be included at the request of the judicial authority of the requesting Contracting Party.

2. Prior to making a report, the reporting Contracting Party shall check

whether the arrest is authorized by the national law of the requested

Contracting Parties. If the reporting Contracting Party has doubts, it

must consult the other Contracting Parties concerned.

The reporting Contracting Party shall send the requested Contracting

Parties together with the report, by the swiftest means, the following

essential information relating to the case:

(a) the authority which issued the request for arrest;

(b) whether there is an arrest warrant or a document having the same force, or an enforceable judgment;

(c) the nature and legal classification of the offence;

(d) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the person reported;

(e) as far as possible, the consequences of the offence.

3. A requested Contracting Party may add to the report in the file of the national section of the Schengen Information System a note prohibiting

arrest in connection with the report, until such time as the note is deleted. The note shall be deleted no later than 24 hours after the report is included, unless the Contracting Party refuses to make the requested arrest on legal grounds or for special reasons of expediency. Where, in particularly exceptional cases, this is justified by the complexity of the facts underlying the report, the above time limit may be extended to one week. Without prejudice to a qualifying note or a decision to refuse arrest, the other Contracting Parties may make the arrest requested in the report.

4. If, for particularly urgent reasons, a Contracting Party requests an immediate search, the Party requested shall examine whether it is able to

withdraw its note. The Contracting Party requested shall take the necessary steps to ensure that the action to be taken can be carried out without delay if the report is validated.

5. If the arrest cannot be made because an investigation has not been

completed or owing to a refusal by the requested Contracting Party, the

latter must regard the report as being a report for the purposes of

communicating the place of residence of the person concerned.

6. The requested Contracting Parties shall carry out the action to be

taken as requested in the report in compliance with extradition Conventions in force and with national law. They shall not be required to carry out the action requested where one of their nationals is involved, without prejudice to the possibility of making the arrest in accordance with national law.

1. Data relating to aliens who are reported for the purposes of being refused entry shall be included on the basis of a national report resulting from decisions taken, in compliance with the rules of procedure laid down by national legislation, by the administrative authorities or courts responsible.

2. Decisions may be based on a threat to public order or national security and safety which the presence of an alien in national territory may pose.

Such may in particular be the case with:

(a) an alien who has been convicted of an offence carrying a custodial sentence of at least one year;

(b) an alien who, there are serious grounds for believing, has committed

serious offences, including those referred to in Article 71, or against whom there is genuine evidence of an intention to commit such offences in the territory of a Contracting Party.

3. Decisions may also be based on the fact that the alien has been the subject of a deportation, removal or expulsion measure which has not been

rescinded or suspended, including or accompanied by a prohibition on entry or, where appropriate, residence, based on non-compliance with national regulations on the entry or residence of aliens.

Data relating to persons who have disappeared or to persons who, in the

interests of their own protection or in order to prevent threats, need to

be placed provisionally in a place of safety at the request of the competent authority or the competent judicial authority of the reporting Party, shall be included in order that the police authorities can communicate their whereabouts to the reporting Party or can remove the person to a place of safety for the purposes of preventing him from continuing his journey, if so authorized by national legislation. This shall apply in particular to minors and to persons who must be interned by decision of a competent authority. Communication of the information shall be subject to the consent of the person who has disappeared, if of full age.

1. Data relating to witnesses, to persons summoned to appear before the

judicial authorities in connection with criminal proceedings in order to

account for acts for which they are being prosecuted, or to persons who

are to be notified of a criminal judgment or of a summons to appear in

order to serve a custodial sentence, shall be included, at the request of

the competent judicial authorities, for the purposes of communicating

their place of residence or domicile.

2. Information requested shall be communicated to the requesting Party in

accordance with national legislation and with the Conventions in force

concerning mutual judicial assistance in criminal matters.

1. Data relating to persons or vehicles shall be included, in compliance

with the national law of the reporting Contracting Party, for the purposes

of discreet surveillance or specific checks, in accordance with paragraph 5.

2. Such a report may be made for the purposes of prosecuting criminal

offences and for the prevention of threats to public safety:

(a) where there are real indications to suggest that the person concerned

intends to commit or is committing numerous and extremely serious offences, or

(b) where an overall evaluation of the person concerned, in particular on

the basis of offences committed hitherto, gives reason to suppose that he will also commit extremely serious offences in future.

3. In addition, a report may be made in accordance with national law, at

the request of the authorities responsible for State security, where concrete evidence gives reason to suppose that the information referred to in paragraph 4 is necessary for the prevention of a serious threat by the

person concerned or other serious threats to internal or external State

security. The reporting Contracting Party shall be required to consult the

other Contracting Parties beforehand.

4. For the purposes of discreet surveillance, the following information

may in whole or in part be collected and transmitted to the reporting

authority when border checks or other police and customs checks are

carried out within the country:

(a) the fact that the person reported or the vehicle reported has been found;

(b) the place, time or reason for the check;

(c) the route and destination of. the journey;

(d) persons accompanying the person concerned or occupants of the vehicle;

(e) the vehicle used;

(f) objects carried;

(g) the circumstances under which the person or the vehicle was found.

When such information is collected, steps must be taken to ensure that the

discreet nature of the surveillance is not jeopardized.

5. In the context of the specific checks referred to in paragraph 1, persons, vehicles and objects carried may be searched in accordance with national law, in order to achieve the purpose referred to in paragraphs 2 and 3. If the specific check is not authorized in accordance with the law of a Contracting Party, it shall automatically be converted, for that Contracting Party, into discreet surveillance.

6. A requested Contracting Party may add to the report in the file of the

national section of the Schengen Information System a note prohibiting,

until the note is deleted, performance of the action to be taken pursuant

to the report for the purposes of discreet surveillance or specific checks. The note must be deleted no later than 24 hours after the report has been included unless the Contracting Party refuses to take the action requested on legal grounds or for special reasons of expediency. Without prejudice to a qualifying note or a refusal decision, the other Contracting Parties may carry out the action requested in the report.

1. Data relating to objects sought for the purposes of seizure or of

evidence in criminal proceedings shall be included in the Schengen

Information System.

2. If a search brings to light the existence of a report on an item which

has been found, the authority noticing the report shall contact the reporting authority in order to agree on the requisite measures. For this purpose, personal data may also be transmitted in accordance with this Convention. The measures to be taken by the Contracting Party which found the object must comply with its national law.

3. The categories of object listed below shall be included:

(a) motor vehicles with a capacity in excess of 50 cc which have been stolen, misappropriated or lost;

(b) trailers and caravans with an unladen weight in excess of 750 kg which

have been stolen, misappropriated or lost;

(c) firearms which have been stolen, misappropriated or lost;

(d) blank documents which have been stolen, misappropriated or lost;

(e) identification documents issued (passports, identity cards, driving licences) which have been stolen, misappropriated or lost;

(f) bank notes (registered notes).

1. Access to data included in the Schengen Information System and the

right to search such data directly shall be reserved exclusively for the

authorities responsible for

(a) border checks;

(b) other police and customs checks carried out within the country, and

the co-ordination of such checks.

2. In addition, access to data included in accordance with Article 96 and

the right to search such data directly may be exercised by the authorities

responsible for issuing visas, the central authorities responsible for examining visa applications and the authorities responsible for issuing

residence permits and the administration of aliens within the framework of

the application of the provisions on the movement of persons under this

Convention. Access to data shall be governed by the national law of each

Contracting Party.

3. Users may only search data which are necessary for the performance of

their tasks.

4. Each of the Contracting Parties shall communicate to the Executive

Committee a list of the competent authorities which are authorized to search the data included in the Schengen Information System directly. That

list shall indicate for each authority the data which it may search, and for what purposes.

1. The Contracting Parties may use the data provided for in Articles 95

to 100 only for the purposes laid down for each type of report referred to

in those Articles.

2. Data may be duplicated only for technical purposes, provided that such

duplication is necessary for direct searching by the authorities referred

to in Article 101. Reports by other Contracting Parties may not be copied

from the national section of the Schengen Information System in other

national data files.

3. In connection with the types of report provided for in Articles 95 to

100 of this Convention, any derogation from paragraph 1 in order to change

from one type of report to another must be justified by the need to

prevent an imminent serious threat to public order and safety, for serious

reasons of State security or for the purposes of preventing a serious

offence. The prior authorization of the reporting Contracting Party must

obtain for this purpose.

4. Data may not be used for administrative purposes. By way of derogation, data included in accordance with Article 96 may be used, in

accordance with the national law of each of the Contracting Parties, only

for the purposes of Article 101 (2).

5. Any use of data which does not comply with paragraphs 7 to 4 shall be

considered as a misuse in relation to the national law of each Contracting

Party.

Each Contracting Party shall ensure that, on average, every tenth

transmission of personal data is recorded in the national section of the

Schengen Information System by the data file managing authority for the

purposes of checking the admissibility of searching. The recording may be

used only for this purpose and shall be deleted after six months.

1. The law applying to reports shall be the national law of the reporting

Contracting Party, unless more rigorous conditions are laid down in this

Convention.

2. Insofar as this Convention does not lay down specific provisions, the

law of each Contracting Party shall apply to data included in the national

section of the Schengen Information System.

3. Insofar as this Convention does not lay down specific provisions

concerning performance of the action requested in the report, the national

law of the Contracting Party requested which carries out the action shall

apply. Insofar as this Convention lays down specific provisions concerning

performance of the action requested in the report, responsibility for the

action to be taken shall be governed by the national law of the requested

Contracting Party. If the action requested cannot be performed, the

requested Contracting Party shall inform the reporting Contracting Party

without delay.

The reporting Contracting Party shall be responsible for the accuracy, up-

to-dateness and lawfulness of the inclusion of data in the Schengen

Information System.

1. Only the reporting Contracting Party shall be authorized to amend,

supplement, correct o-r delete data which it has introduced.

2. If one of the Contracting Parties which has not made the report has

evidence to suggest that an item of data is legally or factually

inaccurate, it shall advise the reporting Contracting Party thereof as

soon as possible; the latter must check the communication and, if

necessary, correct or delete the item in question without delay.

3. If the Contracting Parties are unable to reach agreement, the

Contracting Party which did not generate the report shall submit the case

to the joint supervisory authority referred to in Article 115(1) for its

opinion.

Where a person has already been the subject of a report in the Schengen

Information System, a Contracting Party which introduces a further report

shall come to an agreement on the inclusion of the reports with the Contracting Party which introduced the first report. The Contracting Parties may also adopt general provisions to this end.

1. Each of the Contracting Parties shall designate an authority which shall have central responsibility for the national section of the Schengen Information System.

2. Each of the Contracting Parties shall make its reports via that

authority.

3. The said authority shall be responsible for the correct operation of

the national section of the Schengen Information System and shall take the

measures necessary to ensure compliance with the provisions of this

Convention.

4. The Contracting Parties shall inform one another, via the Depositary,

of the authority referred to in paragraph 1.

1. The right of any person to have access to data relating to him which

are included in the Schengen Information System shall be exercised in

accordance with the law of the Contracting Party before which it invokes

that right. If the national law so provides, the national supervisory authority provided for in Article 114(1) shall decide whether information shall be communicated and by what procedures. A Contracting Party which has not made the report may communicate information concerning such data only if it has previously given the reporting Contracting Party an opportunity to state its position.

2. Communication of information to the person concerned shall be refused

if it may undermine the performance of the legal task specified in the report or in order to protect the rights and freedoms of others. It shall be refused in any event during the period of reporting for the purposes of discreet surveillance.

Any person may have factually inaccurate data relating to him corrected or

have legally inaccurate data relating to him deleted.

1. Any person may, in the territory of each Contracting Party, bring before the courts or the authority competent under national law an action to correct, delete or provide information or obtain compensation in connection with a report concerning him.

2. The Contracting Parties shall undertake amongst themselves to execute

final decisions taken by the courts or authorities referred to in paragraph 1, without prejudice to the provisions of Article 116.

1. Personal data included in the Schengen Information System for the

purposes of locating persons shall be kept only for the time required to

achieve the purposes for which they were supplied. No later than three

years after their inclusion, the need for their retention must be reviewed

by the reporting Contracting Party. This period shall be one year in the

case of reports referred to in Article 99.

2. Each of the Contracting Parties shall, where appropriate, set shorter

review periods in accordance with its national law.

3. The technical support function of the Schengen Information System

shall automatically inform the Contracting Parties of a scheduled deletion

of data from the system, giving one month's notice.

4. The reporting Contracting Party may, within the review period, decide

to retain the report if its retention is necessary for the purposes for which the report was made. Any extension of the report must be communicated to the technical support function. The provisions of paragraph 1 shall apply to report extension.

1. Data other than those referred to in Article 112 shall be retained for

a maximum of ten years, data relating to identity documents issued and to

registered bank notes for a-maximum of five years and those relating

toy motor vehicles, trailers and caravans for a maximum of three years.

2. Data deleted shall continue to be retained for one year in the technical support function. During that period they may be consulted only for the purposes of subsequently checking their accuracy and the lawfulness of their inclusion. Afterwards they must be destroyed.

1. Each Contracting Party shall designate a supervisory authority responsible, in compliance with national law, for carrying out independent

supervision of the data file of the national section of the Schengen

Information System and for checking that the processing and utilization of

data included in the Schengen Information System are not in violation of

the rights of the person concerned. For this purpose the supervisory

authority shall have access to the data file of the national section of

the Schengen Information System.

2. Any person shall have the right to ask the supervisory authorities to

check the data concerning him which are included in the Schengen

Information System, and the use which is made of such data. That right

shall be governed by the national law of the Contracting Party to which

the request is made. If the data have been included by another Contracting

Party, the check shall be carried out in close co-ordination with that

Contracting Party's supervisory authority.

1. A joint supervisory authority shall be set up, with responsibility for

supervising the technical support function of the Schengen Information

System. This authority shall consist of two representatives of each

national supervisory authority. Each Contracting Party shall have one

vote. Supervision shall be carried out in accordance with the provisions

of this Convention, of the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to the Automatic Processing of Personal Data, taking into account Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector, and in

accordance with the national law of the Contracting Party responsible for

the technical support function.

2. As regards the technical support function of the Schengen Information

System, the joint supervisory authority shall have the task of checking that the provisions of this Convention are properly implemented. For this purpose it shall have access to the technical support function.

3. The joint supervisory authority shall also be competent to examine any

difficulties of application or interpretation which may arise during the

operation of the Schengen Information System, to study problems which may arise with the exercise of independent supervision by the national

supervisory authorities of the Contracting Parties or in the exercise of

the right of access to the system, and to draw up harmonized proposals for

the purpose of finding joint solutions to problems.

4. Reports drawn up by the joint supervisory authority shall be forwarded

to the authorities to which the national supervisory authorities submit

their reports.

1. Each Contracting Party shall be responsible, in accordance with its

national law, for any injury caused to a person through the use of the

national data file of the Schengen Information System. This shall also be

the case where the injury was caused by the reporting Contracting Party,

where the latter included legally or factually inaccurate data.

2. If the Contracting Party against which an action is brought is not the

reporting Contracting Party; the latter shall be required to reimburse, on

request, sums paid out as compensation, unless the data were used by the

requested Contracting Party in contravention of this Convention.

1. With regard to the automatic processing of personal data which are

transmitted pursuant to this Title, each Contracting Party shall, not later than when this Convention enters into force, make the national arrangements necessary to achieve a level of protection of personal data

at least equal to that resulting from the principles of the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to the Automatic Processing of Personal Data, and in compliance with Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector.

2. The transmission of personal data provided for in this Title may take

place only where the arrangements for the protection of personal data

provided for in paragraph 1 have entered into force in the territory of

the Contracting Parties concerned by the transmission.

1. Each of the Contracting Parties shall undertake, in respect of the

national section of the Schengen Information System, to take the measures

necessary to:

(a) prevent any unauthorized person from having access to installations used for the processing of personal data (checks at the entrance to installations);

(b) prevent data media from being read, copied, modified or removed by

unauthorized persons (control of data media);

(c) prevent the unauthorized entry of data into the file and any unauthorized consultation, modification or deletion of personal data included in the file (control of data entry);

(d) prevent automated data processing systems from being used by unauthorized persons by means of data transmission equipment (control of utilization);

(e) guarantee that, with respect to the use of an automated data processing system, authorized persons have access only to data for which they are responsible (control of access);

(f) guarantee that it is possible to check and establish to which authorities personal data may be transmitted by data transmission equipment (control of transmission);

(g) guarantee that it is possible to check and establish a posteriori what personal data has been introduced into automated data processing systems, when and by whom (control of data introduction);

(h) prevent the unauthorized reading, copying, modification or deletion of personal data during the transmission of data and the transport of data media (control of transport).

2. Each Contracting Party must take special measures to ensure the

security of data when it is being transmitted to services located outside

the territories of the Contracting Parties. Such measures must be communicated to the joint supervisory authority.

3. Each Contracting Party may designate for the processing of data in its

national section of the Schengen Information System only specially

qualified persons subject to security checks.

4. The Contracting Party responsible for the technical support function

of the Schengen Information System shall take the measures laid down in

paragraphs 1 to 3 in respect of the latter.

1. The costs of setting up and using the technical support function

referred to in Article 92C3!, including the cost of cabling for connecting

the national sections of the Schengen Information System to the technical

support function, shall be defrayed jointly by the Contracting Parties.

Each Contracting Party's share shall be determined on the basis of the

rate for each Contracting Party applied to the uniform basis of assessment

of value-added tax within the meaning of Article 2(1) (c) of the Decision

of the Council of the European Communities of 24 June 1988 on the system of the Communities' own resources.

2. The costs of setting up and using the national section of the Schengen

Information System shall be borne by each Contracting Party individually.

1. The Contracting Parties shall jointly ensure that their laws, regulations or administrative provisions do not unjustifiably impede the movement of goods at internal borders.

2. The Contracting Parties shall facilitate the movement of goods at internal borders by carrying out formalities relating to prohibitions and

restrictions at the time goods are cleared through customs for release for

consumption. Such customs clearance may, at the option of the party

concerned, be conducted either within the country or at the internal

border. The Contracting Parties shall endeavour to encourage customs

clearance within the country.

3. Insofar as it is not possible in certain spheres to achieve the simplifications referred to in paragraph 2 in whole or in part, the Contracting Parties shall endeavour to bring about the conditions therefore

amongst themselves or within the framework of the European communities.

This paragraph shall apply in particular to the monitoring of compliance

with rules concerning transport permits, to technical inspection of means

of transport, To veterinary checks and animal health checks, veterinary

checks on health and hygiene, to plant health checks and to the monitoring

of transport of dangerous goods and waste.

4. The Contracting Parties shall endeavour to harmonize formalities

concerning the movement of goods at external borders and to monitor

compliance therewith in accordance with uniform principles. The

Contracting Parties shall, to that end, work closely together within the

Executive Committee, within the framework of the European Communities and within other international fora.

1. The Contracting Parties shall, while complying with Community law,

waive the checks and cease to require submission of the plant health certificates, prescribed by Community law for certain plants and plant

products.

The Executive Committee shall adopt the list of plants and plant products

to which the simplification specified in the first sentence above shall apply. It may amend this list and shall set the date of entry into force for such amendments. The Contracting Parties shall inform each other of the measures adopted.

2. Should there be a danger of harmful organisms being introduced or

propagated, a Contracting Party may request the temporary reinstatement of the surveillance measures prescribed by Community law, and may implement them. It shall immediately inform the other Contracting Parties thereof in writing, giving the reasons for its decision.

3. Plant health certificates may continue to be used as the certificate

required by virtue of the law on the protection of species.

4. The competent authority shall, upon request, issue a plant health

certificate when a consignment is intended in whole or in part for re-

exportation, insofar as plant health requirements are met in respect of

the plants or plant products concerned.

1. The Contracting Parties shall step up their co-operation in order to

ensure the safe transport of dangerous goods, and undertake to harmonize

the national provisions adopted pursuant to international Conventions in

force. They undertake, moreover, particularly with a view to maintaining

the existing level of safety, to:

(a) harmonize their requirements in respect of the vocational qualifications of drivers;

(b) harmonize the procedures for and the frequency of checks conducted in the course of transport and within undertakings;

(c) harmonize the descriptions of offences and the legal provisions

concerning, the relevant sanctions;

(d) ensure a permanent exchange of information, and of experience

acquired, with regard to the measures implemented and the checks carried out.

2. The Contracting Parties shall step up their co-operation in order to

conduct checks on transfers of dangerous and of non-dangerous waste across internal borders.

To that end, they shall endeavour to adopt a common position as regards

the amendment of Community Directives on the monitoring and management of transfers of dangerous waste and in respect of the introduction of Community acts concerning non-dangerous waste, with the aim of setting up an appropriate infrastructure for the disposal thereof and of introducing standards on such disposal harmonized at a high level.

In the absence of Community rules on non-dangerous waste, checks on

transfers of such waste shall be conducted on the basis of a special procedure whereby transfers to the point of destination may be checked at

the time of processing.

The provisions of the second sentence of paragraph 1 above shall also

apply to this paragraph.

1. The Contracting Parties undertake to consult each other for the

purposes of abolishing amongst themselves the current obligation to

provide a permit for the export of strategic industrial products and

technologies, and to replace such a permit if necessary, by a flexible

procedure in instances where the countries of first and final destination

are Contracting Parties.

Subject to such consultations, and in order to guarantee the effectiveness

of such checks as may prove necessary, the Contracting Parties shall, by

co-operating closely within a co-ordination system, endeavour to conduct

such exchanges of information as are appropriate in the light of national

legislation.

2. With regard to products other than the strategic industrial products

and technologies referred to in paragraph 1, the Contracting Parties shall

endeavour, on the one hand, to have export formalities conducted within

the country and, on the other, to harmonize their monitoring procedures.

3. Within the framework of the objectives set out in paragraphs 1 and 2

above, the Contracting Parties shall undertake consultations with the

other partners concerned.

The number and frequency of checks on goods during movements of travellers at internal borders shall be reduced to the lowest level possible. Further reductions in and the final abolition of such checks will depend on the gradual increase of travellers' exemptions and on future developments in the rules applicable to travellers crossing borders.

1. The Contracting Parties shall conclude arrangements on the secondment

of liaison officers from their customs administrations.

2. The secondment of liaison officers shall be for the general purposes

of promoting and accelerating co-operation between the Contracting

Parties, in particular within the framework of existing Conventions and

Community acts on mutual assistance.

3. The duties of liaison officers shall be of a consultative nature, and

to provide assistance. They shall not be empowered to take customs

administration measures on their own initiative. They shall provide

information and shall perform their duties in accordance with the

instructions given to them by the Contracting Party of origin.

1. With regard to the automatic processing of personal data transmitted

pursuant to this Convention, each Contracting Party shall, no later than

the time of entry into force of this Convention, adopt the national

provisions required to achieve a level of protection of personal data at

least equal to that resulting from the principles of the Council of Europe

Convention of 28 January 1981 for the protection of individuals with

regard to automatic processing of personal data.

2. Personal data for which this Convention provides may not be transmitted until after the provisions for the protection of personal data as specified in paragraph t have entered into force within the territory of the Contracting Parties involved in such transmission.

3. The following provisions shall, moreover, apply in respect of the

automatic processing of personal data transmitted pursuant to this Convention:

(a) the data may be used by the recipient Contracting Party solely for the purposes for which this Convention stipulates that such data may be transmitted; such data may be used for other purposes only with the prior authorization of the Contracting Party which transmitted the data and in compliance with the legislation of the recipient Contracting Party; such authorization may be granted insofar as the national legislation of the Contracting Party transmitting the data permits;

(b) the data may be used only by the judicial authorities and by the

departments and authorities carrying out a task or performing a function in connection with the aims mentioned in paragraph (a);

(c) the Contracting Party transmitting the data shall be obliged to ensure

the accuracy thereof; should it note, either on its own initiative or further to a request by the person concerned, that the data are inaccurate or should not have been transmitted or provided, the recipient Contracting Party or Parties must be informed thereof forthwith; the latter shall be obliged to correct or destroy the data, or state that such data are inaccurate or should not have been transmitted;

(d) a Contracting Party may not plead that another Contracting Party had

transmitted inaccurate data in order to avoid its liability under its national legislation vis-à-vis an injured party; if damages are awarded against the recipient Contracting Party because of its use of inaccurate data transmitted, the Contracting Party which transmitted the data shall refund in full to the recipient Contracting Party the sums paid in damages;

(e) the transmission and receipt of personal data must be recorded both in

the data file from which they originated and in the data file in which they are incorporated;

(f) the joint supervisory authority mentioned in Article 115 may, at the

request of one of the Contracting Parties, issue an opinion on the

difficulties of implementing and interpreting this Article.

4. This Article shall not apply to the transmission of data provided for

under Title II, Chapter ? and in Title IV. Paragraph 3 shall not apply to

the transmission of data provided for under Title III, Chapters 2, 3, 4

and 5.

1. Where personal data are transmitted to another Contracting Party

pursuant to the provisions of this Convention, the provisions of Article

126 shall apply to the transmission of data from a non-automated data file

and to their incorporation in another non-automated data file.

2. Where, in cases other than those governed by Article 126(1), or by

paragraph 1 of the present Article, personal data are transmitted to

another Contracting Party pursuant to this Convention, Article 126f3)

shall, with the exclusion of subparagraph (e), apply. The following

provisions shall also apply:

(a) a written record shall be kept of the transmission and receipt of

personal data; this obligation shall not apply where there is no need,

in order to use them, to record such data, particularly if they are

not used or are used only very briefly;

(b) the recipient Contracting Party shall guarantee, for the use of transmitted data a level of protection at least equal to that stipulated under its national legislation for the use of data of a similar nature;

(c) access to data and the conditions under which it shall be granted,

shall be governed by the national legislation of the Contracting Party

to which the person concerned applies.

3. This Article shall not apply to the transmission of data provided for

under Chapter 7, and Chapters 2, 3, 4 and 5.

1. The transmission of personal data for which this Convention makes

provision may not take place until the Contracting Parties involved in

that transmission have instructed a national supervisory authority to

monitor independently, in respect of the processing of personal data in

data files, compliance with the provisions of Article 126 and Article 127

and the provisions adopted in implementation thereof.

2. Insofar as the Contracting Party has, in accordance with its national

legislation, instructed a supervisory authority to monitor independently,

in one or more areas, compliance with the provisions on the protection of

personal data not incorporated in a data file, that Contracting Party shall instruct the same authority to supervise compliance with the provisions of this Title in the areas involved.

3. This Article shall not apply to the transmission of data provided for

under Chapter 7 and in Chapters 2, 3, 4, and 5.

With regard to the transmission of personal data pursuant to Chapter 1, the Contracting Parties undertake, without prejudice to the provisions of

articles 126 and 127, to implement a level of protection for personal data which complies with the principles of Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector. Moreover, with regard to transmission pursuant to Article 46, the following provisions shall apply:

(a) the data may be used by the recipient Contracting Party solely for the

purposes indicated by the Contracting Party which provided such data

and in compliance with the conditions imposed by that Contracting

Party;

(b) the data may be forwarded only to police departments and authorities;

such data may be communicated to other departments only with the prior

authorization of the Contracting Party which provided them;

(c) the recipient Contracting Party shall, upon request, inform the

Contracting Party which transmitted the data of the use made of them

and of the results thus obtained.

If personal data are transmitted through a liaison officer as referred to

in Article 47 or Article 125, the provisions of this Title shall apply

only where that liaison officer transmits such data to the Contracting

Party which seconded him to the territory of the other Contracting Party.

1. An Executive Committee shall be set up for the implementation of this

Convention.

2. Without prejudice to the special powers granted to it by this Convention, the general purpose of the Executive Committee is to ensure that this Convention is implemented correctly.

1. Each of the Contracting Parties shall have one seat on the Executive

Committee. The Contracting Parties shall be represented on the Committee

by a Minister responsible for the implementation of this Convention; he may be assisted by the requisite experts who may participate in the

deliberations.

2. The Executive Committee shall take its decisions unanimously. It shall

draw up its own rules of procedure; in this connection it may provide for

a written procedure for the taking of decisions.

3. At the request of the representative of a Contracting Party, the final

decision on a draft on which the Executive Committee has taken its

decision may be postponed until no more than two months after the

submission of that draft.

4. The Executive Committee may set up Working Parties comprising

representatives of the Administrations of the Contracting Parties in order

to conduct preparations for decisions or for other work.

The Executive Committee shall meet in the territory of every Contracting

Party in turn. It shall meet as often as necessary in order to discharge

its duties effectively.

The provisions of this Convention shall apply only insofar as they are

compatible with Community law.

The provisions of this Convention shall apply subject to the provisions of

the Geneva Convention of 28 July 1951 relating to the Status of Refugees,

as amended by the New York Protocol of 31 January 1967.

1. A Contracting Party which envisages conducting negotiations on border

checks with a Third State shall inform the other Contracting Parties thereof in good time.

2. No Contracting Party shall conclude with one or more Third States

agreements simplifying or abolishing border checks without the prior

agreement of the other Contracting Parties, subject to the right of the

Member States of the European Communities to conclude such agreements

jointly.

3. The provisions of paragraph 2 shall not apply to agreements on local

border traffic since these agreements comply with the exemptions and

arrangements laid down under Article 3 (1).

This Convention shall not be the subject of any reservations, save for

those referred to in Article 60.

As regards the French Republic, the provisions of this Convention shall

apply only to the European territory of the French Republic.

As regards the Kingdom of the Netherlands, the provisions of this

Convention shall apply only to the territory of the Kingdom of the

Netherlands situated in Europe.

1. The present Convention shall be subject to ratification, acceptance or

approval. The instruments of ratification, acceptance or approval shall be

deposited with the Government of the Grand Duchy of Luxembourg, which

shall notify all the Contracting Parties thereof.

2. This Convention shall enter into force on the first day of the second

month following the deposit of the final instrument of ratification,

acceptance or approval. The provisions concerning the setting up,

activities and jurisdiction of the Executive Committee shall apply as from

the entry into force of this Convention. The other provisions shall apply

as from the first day of the third month following the entry into force of

this Convention.

3. The Government of the Grand Duchy of Luxembourg shall notify all the

Contracting Parties of the date of entry into force.

1. Any Member State of the European Communities may become a Party to this Convention. Such accession shall be the subject of an agreement

between that State and the Contracting Parties.

2. Such an agreement shall be subject to ratification, acceptance or

approval by the acceding State and by each of the Contracting Parties. It

shall enter into force on the first day of the second month following the

deposit of the final instrument of ratification, acceptance or approval.

1. Any Contracting Party may submit to the depository a proposal to amend This Convention. The depository shall forward that proposal to the other Contracting Parties. At the request of one Contracting Party, the

Contracting Parties shall re-examine the provisions of the Convention if,

in their opinion, there has been a fundamental change in the conditions

obtaining when the Convention entered into force.

2. The Contracting Parties shall adopt amendments to this Convention by

mutual consent.

3. Amendments shall enter into force on the first day of the second month

following the date of deposit of the final instrument of ratification, acceptance or approval.

1. When Conventions are concluded between the Member States of the

European Communities with a view to the completion of an area without

internal frontiers, the Contracting Parties shall agree on the conditions

under which the provisions of the present Convention are to be replaced or

amended in the light of the corresponding provisions of such Conventions.

The Contracting Parties shall, to that end, take account of the fact that

the provisions of this Convention may provide for more extensive co-

operation than that resulting from the provisions of the said Conventions.

Provisions which are in breach of those agreed between the Member States

of the European Communities shall in any case be adapted in any circumstances.

2. Amendments to this Convention deemed necessary by the Contracting

Parties shall be subject to ratification, acceptance or approval. The provision contained in Article 141(3) shall apply; it being understood

that the amendments will not enter into force before the said Conventions

between the Member States of the European Communities come into force.

In witness whereof, the undersigned, duly authorized to that end, have

hereunto set their hands.

Done at Schengen, this nineteenth day of June in the year one thousand

nine hundred and ninety, in a single original, in the Dutch, French and

German languages, all three texts being equally authentic, which shall be

deposited in the archives of the Government of the Grand Duchy of

Luxembourg, which shall transmit a certified copy to each of the

Contracting Parties.

For the Government of the Kingdom of Belgium,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.

At the time of signing, the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic regarding the gradual abolition of checks at their common borders, the Contracting Parties adopted the following statements:

1. Joint statement concerning Article 139

The signatory States shall, prior to the entry into force of the Convention, inform each other of all circumstances of significance for the matters covered by the Convention and for its entry into force.

The Convention shall not enter into force until the prior conditions for

its implementation are fulfilled in the signatory States and checks at

external borders are effective.

2. Joint statement concerning Article 4

The Contracting Parties undertake to make every effort to comply with this

deadline simultaneously and to preclude any shortcomings in security.

Before 31 December 1992, the Executive Committee shall examine what

progress has been made. The Kingdom of the Netherlands stresses that

difficulties in meeting the deadline in a particular airport cannot be excluded but that this will not give rise to any shortcomings in security.

The other Contracting Parties will take account of this situation although

this may not be allowed to lead to difficulties for the internal market.

In the event of difficulties, the Executive Committee shall examine the

optimal conditions for the simultaneous implementation of these measures

at airports.

The Contracting Parties shall inform their national Parliaments of the

implementation of this Convention.

Done at Schengen, this nineteenth day of June in the year one thousand

nine hundred and ninety, in a single original, in the Dutch; French and

German languages, all three texts being equally authentic, which shall be

deposited in the archives of the Government of the Grand Duchy of

Luxembourg, which shall transmit a certified copy to each of the

Contracting Parties.

For the Government of the Kingdom of Belgium,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.

Further to the Final Act of the Convention implementing the Schengen

Agreement of , 14 June 1985 between the Governments of the States of the

Benelux Economic Union, the Federal Republic of Germany and the French Republic regarding the gradual abolition of checks at their common borders, the Contracting Parties adopted the following joint statement and

took note of the following unilateral declarations made in respect of the

said Convention:

I. Statement on the scope of the Convention

The Contracting Parties note that, after the unification of the two German States, the scope of the Convention shall under international law also extend to the current territory of the German Democratic Republic.

II. Declarations by the Federal Republic of Germany concerning the interpretation of the Convention

1. The Convention has been concluded in the light of the prospective unification of the two German States.

The German Democratic Republic is not a foreign country in relation to the Federal Republic of Germany.

Article 136 shall not apply in relations between the Federal Republic of Germany and the German Democratic Republic.

2. This Convention shall not jeopardize the arrangements agreed in the Germano-Austrian exchange of letters of 20 August 1984 simplifying checks at their common borders for nationals of both States. Such arrangements will however have to be implemented in the light of the over-riding security and immigration requirements of the Schengen Contracting Parties so that such facilities will in practice be restricted to Austrian nationals.

III. Declaration by the Kingdom of Belgium concerning Article 67

The procedure which will be implemented internally for taking over the execution of a foreign judgment will not be that specified in the Belgian law on the transfer of sentenced persons between States, but rather a special procedure which will be determined when this Convention is ratified.

Done at Schengen, this nineteenth day of June in the year one thousand

nine hundred and ninety, in a single original, in the Dutch, French and

German languages, all three texts being equally authentic, which shall be

deposited in the archives of the Government of the Grand Duchy of

Luxembourg, which shall transmit a certified copy to each of the

Contracting Parties.

For the Government of the Kingdom of Belgium,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.