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1990-06-19


                           C O N V E N T I O N

                            from 19 June 1990

             APPLYING 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,

        ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS



TITLE I          Definitions                            Article 1
------------------------------------------------------------------------

TITLE II         Abolition of checks at internal borders and
                 movement of persons                    Article 2 - 38
-------------------------------------------------------------------------

   CHAPTER 1     Crossing internal frontiers            Article 2

   CHAPTER 2     Crossing external borders              Article 3 - 8

   CHAPTER 3     Visas                                  Article 9 - 18

     Section 1   Visas for short visits                 Article 9 - 17

     Section 2   Visas for long visits                  Article 18

   CHAPTER 4     Conditions governing the movements of aliens
                                                        Article 19 - 24

   CHAPTER 5     Residence permits and reporting as a person not to be
                 permitted entry                        Article 25

   CHAPTER 6     Measures relating to organized travel  Article 26 - 27

   CHAPTER 7     Responsibility for the processing of applications for
                 asylum                                 Article 28 - 38

TITLE  III       Police and security                    Article 39 - 91
------------------------------------------------------------------------

   CHAPTER 1     Police co - operation                  Article 39 - 47

   CHAPTER 2     Mutual assistance in criminal matters  Article 48 - 53

   CHAPTER 3     Application of the Non bis in idem principle
                                                        Article 54 - 58

   CHAPTER 4     Extradition                            Article 59 - 66

   CHAPTER 5     Transfer of the execution of criminal judgments
                                                        Article 67 - 69

   CHAPTER 6     Narcotic drugs                         Article 70 - 76

   CHAPTER 7     Firearms and ammunition                Article 77 - 91

TITLE IV         The Schengen Information System        Article 92 - 119
-------------------------------------------------------------------------

   CHAPTER 1     Setting up of the Schengen Information System
                                                        Article 92

   CHAPTER 2     Operation and utilization of the Schengen Information
                 System                                 Article 93 - 101

   CHAPTER 3     Protection of personal data and security of data under
                 the Schengen Information System        Article 102 - 118

   CHAPTER 4     Apportionment of the costs of the Schengen Information
                 System                                 Article 119

TITLE V          Transport and movement of goods        Article 120 - 125
-------------------------------------------------------------------------

TITLE VI         Protection of personal data            Article 126 - 130
-------------------------------------------------------------------------

TITLE VII        Executive Committee                    Article 131 - 133
-------------------------------------------------------------------------

TITLE VIII       Final Provisions                       Article 134 - 142
-------------------------------------------------------------------------


                                FINAL ACT
                                =========

                                 MINUTES
                                 =======

                             JOINT STATEMENT
                             ===============
by the Ministers and State Secretaries meeting in Schengen on 19 June 1990


=========================================================================
                                            UNOFFICIAL TRANSLATION



                           C O N V E N T I O N

                            from 19 June 1990


             APPLYING 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,

        ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS




The Kingdom of Belgium, the Federal Republic of Germany, the French
Republic, the Grand Duchy of Luxembourg and the Kingdom of the
Netherlands, hereinafter called the Contracting Parties,

Taking as their basis the Schengen Agreement of 14 June 1985 on the
gradual abolition of checks at their common borders,

Having decided to implement the intention expressed in that agreement of
bringing about the abolition of checks at their common borders on the
movement of persons and facilitating the transport and movement of goods,

Whereas the  Treaty establishing the European Communities, supplemented by
the Single  European Act, provides that the internal market shall comprise
an area without internal frontiers,

Whereas the aim pursued by the Contracting Parties coincides with that
objective, without prejudice to the measures to be taken to implement the
provisions of the Treaty,

Whereas the implementation of that intention requires a series of
appropriate measures and close co-operation between the Contracting
Parties,

Have agreed as follows:



                              T I T L E   I
                              -------------

                               Definitions


                                Article 1


For the purposes of this Convention:

Internal borders           shall mean the common land borders of the
                           Contracting Parties, their airports for
                           internal flights and their sea ports for
                           regular trans-shipment connections exclusively
                           from or to other ports within the territories
                           of the Contracting Parties not calling at any
                           ports outside those territories;

External borders           shall mean the Contracting Parties' land and
                           sea borders and their airports and sea ports,
                           provided they are not internal borders;

Internal flight            shall mean any flight exclusively to or from
                           territories of the Contracting Parties not
                           landing within the territory of a Third State;

Third State                shall mean any State other than the
                           Contracting Parties;

Alien                      shall mean any person other than a national of
                           a Member State of the European Communities;

Alien reported as a        shall mean any alien listed reported as a
person not to be           person not to be permitted entry in the
permitted entry            Schengen Information System in accordance with
                           Article 96;

Border crossing point      shall mean any crossing point authorized by
                           the competent authorities for the crossing of
                           external borders;

Border control             shall mean a check made at a border in
                           response solely to an intention to cross that
                           border, regardless of any other consideration.

Carrier                    shall mean any natural or legal person whose
                           occupation it is to provide passenger
                           transport by air, sea or land;

Residence permit           shall mean an authorization of any type issued
                           by a Contracting Party giving the right of
                           residence within its territory. This
                           definition shall not include temporary
                           admission to residence within the territory of
                           a Contracting Party for the purpose of the
                           processing of an application for asylum or
                           an application for a residence permit;

Application for asylum     shall mean any application submitted in
                           writing, orally or otherwise by an alien at an
                           external border or within the territory of a
                           Contracting Party with a view to obtaining
                           recognition as a refugee in accordance with
                           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 as
                           such obtaining the right of residence;

Applicant for asylum       shall mean any alien who has submitted an
                           application for asylum within the meaning of
                           this Convention, on which no final decision
                           has been taken;

Processing of an appli-    shall mean all the procedures for examining
cation for asylum          and taking a decision on an application for
                           asylum, including measures taken in
                           implementation of a final decision thereon,
                           with the exception of the determination of the
                           Contracting Party responsible for the
                           processing of an application for asylum under
                           this Convention.



                              T I T L E   II
                              --------------

                 Abolition of checks at internal borders
                         and movement of persons


                            C H A P T E R   1

                       Crossing internal frontiers


                                Article 2

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.


                            C H A P T E R   2

                        Crossing external borders


                                Article 3

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.


                                Article 4

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.


                                Article 5

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.


                                Article 6

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.


                                Article 7

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.


                                Article 8

The Executive Committee shall take the necessary decisions relating to the
practical procedures for implementing border checks and surveillance.


                            C H A P T E R   3

                                  Visas


                                Section 1

                          Visas for short visits


                                Article 9

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.


                                Article 10

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.


                                Article 11

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.


                                Article 12

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.


                                Article 13

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.


                                Article 14

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.


                                Article 15

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).


                                Article 16

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.


                                Article 17

1.  The Executive Committee shall adopt common rules for the examination
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.


                                Section 2

                          Visas for long visits


                                Article 18

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.


                            C H A P T E R   4

               Conditions governing the movements of aliens


                                Article 19

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.


                                Article 20

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.


                                Article 21

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.


                                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.


                                Article 23

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.


                                Article 24

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.


                            C H A P T E R   5

  Residence permits and reporting as a person not to be permitted entry


                                Article 25

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.


                            C H A P T E R   6

                  Measures relating to organized travel


                                Article 26

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
    documents 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.


                                Article 27

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.


                            C H A P T E R   7

       Responsibility for the processing of applications for asylum


                                Article 28

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.


                                Article 29

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.


                                Article 30

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.


                                Article 31

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.


                                Article 32

The Contracting Party responsible for the processing of an application for
asylum shall process it in accordance with its national law.


                                Article 33

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.


                                Article 34

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.


                                Article 35

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.


                                Article 36

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.


                                Article 37

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.


                                Article 38

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.



                             T I T L E   III
                             ---------------

                           Police and security



                            C H A P T E R   1

                           Police co-operation


                                Article 39

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.


                                Article 40

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.


                                Article 41

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;

(b) without limit in space or time.

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

(a) The following 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.
    - taking to flight after an accident which has resulted in death
      or serious injury.

(b) Extraditable offenses.

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.


                                Article 42

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.


                                Article 43

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-a-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.


                                Article 44

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 possibilites:

(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.


                                Article 45

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.


                                Article 46

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.


                                Article 47

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.



                            C H A P T E R   2

                  Mutual assistance in criminal matters


                                Article 48

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.


                                Article 49

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.


                                Article 50

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.


                                Article 51

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.


                                Article 52

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.


                                Article 53

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 requested 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.


                                Article 55

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.


                                Article 56

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.


                                Article 57

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.


                                Article 58

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.



                            C H A P T E R   4

                               Extradition


                                Article 59

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.


                                Article 60

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.


                                Article 61

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.


                                Article 62

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.


                                Article 63

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.


                                Article 64

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.


                                Article 65

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.


                                Article 66

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.



                            C H A P T E R   5

             Transfer of the execution of criminal judgments


                                Article 67

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.


                                Article 68

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.


                                Article 69

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.



                            C H A P T E R   6

                              Narcotic drugs


                                Article 70

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.


                                Article 71

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.

               (+) Single Conventions on Narcotic Drugs of 1961 as amended
               by the 1972 Protocol amending the 1961 Single Convention on
               Narcotic Drugs; the 1971 Convention on Psychotropic
               Substances; the United Nations Convention of 20 December
               1988 on Illicit Traffic in Narcotic Drugs and Psychotropic
               Substances.



                                Article 72

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.


                                Article 73

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.


                                Article 74

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.


                                Article 75

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.


                                Article 76

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.



                            C H A P T E R   7

                         Firearms and ammunition


                                Article 77

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.


                                Article 78

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.


                                Article 79

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.


                                Article 80

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 centrefire;

(c) single-shot short firearms with rimfire, 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.


                                Article 81

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 rimfire with a total length exceeding
    28 cm;

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


                                Article 82

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.


                                Article 83

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.


                                Article 84

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.


                                Article 85

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.


                                Article 86

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.


                                Article 87

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.


                                Article 88

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.


                                Article 89

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.


                                Article 90

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


                                Article 91

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.


                              T I T L E   IV
                              --------------

                     The Schengen Information System



                            C H A P T E R   1

              Setting up of the Schengen Information System


                                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).



                            C H A P T E R   2

       Operation and utilization of the Schengen Information System


                                Article 93

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.


                                Article 94

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.


                                Article 95

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.


                                Article 96

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.


                                Article 97

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.


                                Article 98

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.


                                Article 99

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.


                               Article 100

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).


                               Article 101

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.



                            C H A P T E R   3

             Protection of personal data and security of data
                  under the Schengen Information System


                               Article 102

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.


                               Article 103

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.


                               Article 104

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.


                               Article 105

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.


                               Article 106

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.


                               Article 107

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.


                               Article 108

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.


                               Article 109

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.


                               Article 110

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


                               Article 111

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.


                               Article 112

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.


                               Article 113

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
toymotor 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.


                               Article 114

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.


                               Article 115

1.  A joint supervisory authority shall be set up, with resposibility 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 fyor
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.


                               Article 116

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.


                               Article 117

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.


                               Article 118

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.



                            C H A P T E R   4

      Apportionment of the costs of the Schengen Information System


                               Article 119

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.



                              T I T L E   V
                              -------------

                     Transport and movement of goods


                               Article 120

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 therefor
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.


                               Article 121

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.


                               Article 122

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.


                               Article 123

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.


                               Article 124

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.


                               Article 125

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.



                              T I T L E   VI
                              --------------

                       Protection of personal data


                               Article 126

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-a-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.


                               Article 127

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 Title II, Chapter 7, and Title III, Chapters 2, 3, 4 and 5 as also
in Title IV.


                               Article 128

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 Title II, Chapter 7 and in Title III, Chapters 2, 3, 4, and 5.


                               Article 129

With regard to the transmission of personal data pursuant to Title III,
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.


                               Article 130

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.



                             T I T L E   VII
                             ---------------

                           Executive Committee


                               Article 131

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.


                               Article 132

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.


                               Article 133

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.



                             T I T L E   VIII
                             ----------------

                             Final Provisions


                               Article 134

The provisions of this Convention shall apply only insofar as they are
compatible with Community law.


                               Article 135

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.


                               Article 136

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).


                               Article 137

This Convention shall not be the subject of any reservations, save for
those referred to in Article 60.


                               Article 138

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.


                               Article 139

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.


                               Article 140

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 acceeding 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.


                               Article 141

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.


                               Article 142

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.



------------------------------------------------------------------


                            F I N A L   A C T

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.


3.  Joint statement regarding Article 71(2)

Insofar as a Contracting Party derogates from the principle referred to in
Article 71(2) in connection with its national policy on the prevention and
treatment of addiction to narcotic drugs and psychotropic substances, all
Contracting Parties shall adopt the requisite administrative measure and
penal sanctions to prevent and penalize the illicit import action and
export action of such products and substances, particularly towards the
territory of the other Contracting Parties.


4.  Joint statement concerning Article 121

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 the plants and plant
products

(a) listed under 1 below, or

(b) listed under 2 to 6 below and originating in one of the Contracting
    Parties:

 1) Cut flowers and parts of plants suitable for ornamental purposes of:

    Castanea
    Chrysanthemum
    Dendranthema
    Dianthus
    Gladiolus
    Gypsophila
    Prunus
    Quercus
    Rosa
    Salix
    Syringa
    Vitis

 2) Fresh fruit of:

    Citrus
    Cydonia
    Malus
    Prunus
    Pyrus

 3) Wood of:

    Castanea
    Quercus

 4) Growing medium constituted wholly or in part of earth or solid organic
    matter such as parts of plants, turf and bark with humus, but not
    constituted entirely of turf.

 5) Seeds

 6) Live plants listed below and appearing under the CN Code listed below
    in the Customs Nomenclature published in the Official Journal of the
    European Communities of 7 September 1987.

  CN Code                        Description


  0601 20 30                 Bulbs, tubers, tuberous roots and
                             rhizomes, in growth or in flower:
                             orchids, hyacinths, narcissi and
                             tulips
  0601 20 90                 Bulbs, tubers, tuberous roots and
                             rhizomes, in growth  or in flower:
                             other
  0602 30 10                 Rhododendron simsii (Azalea indica)
  0602 99 51                 Outdoor plants: perennial plants
  0602 99 59                 Outdoor plants: other
  0602 99 91                 Indoor plants: flowering plants with
                             buds or flowers,  excluding cacti
  0602 99 99                 Indoor plants: other


5.  Joint statement on national asylum policies

The Contracting Parties shall make an inventory of national asylum
policies with a view to the harmonization thereof.


6.  Joint statement concerning Article 132

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.



--------------------------------------------------------------------

                              M I N U T E S

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.




----------------------------------------------------------------------

                      J O I N T    S T A T E M E N T

                  by the Ministers and State Secretaries
                   meeting in Schengen on 19 June 1990

The Governments of the Contracting Parties to the Schengen Agreement will
commence or continue discussions in the following spheres in particular:

 -  improving and simplifying practice in respect of extradition;

 -  improving co-operation on proceedings in respect of road traffic
    offences;

 -  arrangements for the mutual recognition of loss of entitlement to
    drive motor vehicles;

 -  possibilities of reciprocal collection of fines;

 -  introduction of rules on reciprocal transfers of criminal proceedings
    including the possibility of transferring the accused person to his
    country of origin;

 -  introduction of rules on the repatriation of minors who have been
    unlawfully removed from the authority of the person responsible for
    exercising parental authority;

 -  further simplification of checks on commercial movements of goods.

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.







                           C O N V E N T I O N

                            from 19 June 1990

             APPLYING 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,

        ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS



TITLE I          Definitions                            Article 1
------------------------------------------------------------------------

TITLE II         Abolition of checks at internal borders and
                 movement of persons                    Article 2 - 38
-------------------------------------------------------------------------

   CHAPTER 1     Crossing internal frontiers            Article 2

   CHAPTER 2     Crossing external borders              Article 3 - 8

   CHAPTER 3     Visas                                  Article 9 - 18

     Section 1   Visas for short visits                 Article 9 - 17

     Section 2   Visas for long visits                  Article 18

   CHAPTER 4     Conditions governing the movements of aliens
                                                        Article 19 - 24

   CHAPTER 5     Residence permits and reporting as a person not to be
                 permitted entry                        Article 25

   CHAPTER 6     Measures relating to organized travel  Article 26 - 27

   CHAPTER 7     Responsibility for the processing of applications for
                 asylum                                 Article 28 - 38

TITLE  III       Police and security                    Article 39 - 91
------------------------------------------------------------------------

   CHAPTER 1     Police co - operation                  Article 39 - 47

   CHAPTER 2     Mutual assistance in criminal matters  Article 48 - 53

   CHAPTER 3     Application of the Non bis in idem principle
                                                        Article 54 - 58

   CHAPTER 4     Extradition                            Article 59 - 66

   CHAPTER 5     Transfer of the execution of criminal judgments
                                                        Article 67 - 69

   CHAPTER 6     Narcotic drugs                         Article 70 - 76

   CHAPTER 7     Firearms and ammunition                Article 77 - 91

TITLE IV         The Schengen Information System        Article 92 - 119
-------------------------------------------------------------------------

   CHAPTER 1     Setting up of the Schengen Information System
                                                        Article 92

   CHAPTER 2     Operation and utilization of the Schengen Information
                 System                                 Article 93 - 101

   CHAPTER 3     Protection of personal data and security of data under
                 the Schengen Information System        Article 102 - 118

   CHAPTER 4     Apportionment of the costs of the Schengen Information
                 System                                 Article 119

TITLE V          Transport and movement of goods        Article 120 - 125
-------------------------------------------------------------------------

TITLE VI         Protection of personal data            Article 126 - 130
-------------------------------------------------------------------------

TITLE VII        Executive Committee                    Article 131 - 133
-------------------------------------------------------------------------

TITLE VIII       Final Provisions                       Article 134 - 142
-------------------------------------------------------------------------


                                FINAL ACT
                                =========

                                 MINUTES
                                 =======

                             JOINT STATEMENT
                             ===============
by the Ministers and State Secretaries meeting in Schengen on 19 June 1990


=========================================================================
                                            UNOFFICIAL TRANSLATION



                           C O N V E N T I O N

                            from 19 June 1990


             APPLYING 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,

        ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS




The Kingdom of Belgium, the Federal Republic of Germany, the French
Republic, the Grand Duchy of Luxembourg and the Kingdom of the
Netherlands, hereinafter called the Contracting Parties,

Taking as their basis the Schengen Agreement of 14 June 1985 on the
gradual abolition of checks at their common borders,

Having decided to implement the intention expressed in that agreement of
bringing about the abolition of checks at their common borders on the
movement of persons and facilitating the transport and movement of goods,

Whereas the  Treaty establishing the European Communities, supplemented by
the Single  European Act, provides that the internal market shall comprise
an area without internal frontiers,

Whereas the aim pursued by the Contracting Parties coincides with that
objective, without prejudice to the measures to be taken to implement the
provisions of the Treaty,

Whereas the implementation of that intention requires a series of
appropriate measures and close co-operation between the Contracting
Parties,

Have agreed as follows:



                              T I T L E   I
                              -------------

                               Definitions


                                Article 1


For the purposes of this Convention:

Internal borders           shall mean the common land borders of the
                           Contracting Parties, their airports for
                           internal flights and their sea ports for
                           regular trans-shipment connections exclusively
                           from or to other ports within the territories
                           of the Contracting Parties not calling at any
                           ports outside those territories;

External borders           shall mean the Contracting Parties' land and
                           sea borders and their airports and sea ports,
                           provided they are not internal borders;

Internal flight            shall mean any flight exclusively to or from
                           territories of the Contracting Parties not
                           landing within the territory of a Third State;

Third State                shall mean any State other than the
                           Contracting Parties;

Alien                      shall mean any person other than a national of
                           a Member State of the European Communities;

Alien reported as a        shall mean any alien listed reported as a
person not to be           person not to be permitted entry in the
permitted entry            Schengen Information System in accordance with
                           Article 96;

Border crossing point      shall mean any crossing point authorized by
                           the competent authorities for the crossing of
                           external borders;

Border control             shall mean a check made at a border in
                           response solely to an intention to cross that
                           border, regardless of any other consideration.

Carrier                    shall mean any natural or legal person whose
                           occupation it is to provide passenger
                           transport by air, sea or land;

Residence permit           shall mean an authorization of any type issued
                           by a Contracting Party giving the right of
                           residence within its territory. This
                           definition shall not include temporary
                           admission to residence within the territory of
                           a Contracting Party for the purpose of the
                           processing of an application for asylum or
                           an application for a residence permit;

Application for asylum     shall mean any application submitted in
                           writing, orally or otherwise by an alien at an
                           external border or within the territory of a
                           Contracting Party with a view to obtaining
                           recognition as a refugee in accordance with
                           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 as
                           such obtaining the right of residence;

Applicant for asylum       shall mean any alien who has submitted an
                           application for asylum within the meaning of
                           this Convention, on which no final decision
                           has been taken;

Processing of an appli-    shall mean all the procedures for examining
cation for asylum          and taking a decision on an application for
                           asylum, including measures taken in
                           implementation of a final decision thereon,
                           with the exception of the determination of the
                           Contracting Party responsible for the
                           processing of an application for asylum under
                           this Convention.



                              T I T L E   II
                              --------------

                 Abolition of checks at internal borders
                         and movement of persons


                            C H A P T E R   1

                       Crossing internal frontiers


                                Article 2

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.


                            C H A P T E R   2

                        Crossing external borders


                                Article 3

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.


                                Article 4

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.


                                Article 5

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.


                                Article 6

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.


                                Article 7

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.


                                Article 8

The Executive Committee shall take the necessary decisions relating to the
practical procedures for implementing border checks and surveillance.


                            C H A P T E R   3

                                  Visas


                                Section 1

                          Visas for short visits


                                Article 9

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.


                                Article 10

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.


                                Article 11

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.


                                Article 12

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.


                                Article 13

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.


                                Article 14

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.


                                Article 15

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).


                                Article 16

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.


                                Article 17

1.  The Executive Committee shall adopt common rules for the examination
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.


                                Section 2

                          Visas for long visits


                                Article 18

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.


                            C H A P T E R   4

               Conditions governing the movements of aliens


                                Article 19

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.


                                Article 20

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.


                                Article 21

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.


                                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.


                                Article 23

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.


                                Article 24

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.


                            C H A P T E R   5

  Residence permits and reporting as a person not to be permitted entry


                                Article 25

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.


                            C H A P T E R   6

                  Measures relating to organized travel


                                Article 26

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
    documents 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.


                                Article 27

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.


                            C H A P T E R   7

       Responsibility for the processing of applications for asylum


                                Article 28

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.


                                Article 29

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.


                                Article 30

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.


                                Article 31

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.


                                Article 32

The Contracting Party responsible for the processing of an application for
asylum shall process it in accordance with its national law.


                                Article 33

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.


                                Article 34

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.


                                Article 35

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.


                                Article 36

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.


                                Article 37

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.


                                Article 38

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.



                             T I T L E   III
                             ---------------

                           Police and security



                            C H A P T E R   1

                           Police co-operation


                                Article 39

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.


                                Article 40

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.


                                Article 41

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;

(b) without limit in space or time.

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

(a) The following 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.
    - taking to flight after an accident which has resulted in death
      or serious injury.

(b) Extraditable offenses.

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.


                                Article 42

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.


                                Article 43

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-a-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.


                                Article 44

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 possibilites:

(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.


                                Article 45

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.


                                Article 46

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.


                                Article 47

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.



                            C H A P T E R   2

                  Mutual assistance in criminal matters


                                Article 48

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.


                                Article 49

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.


                                Article 50

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.


                                Article 51

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.


                                Article 52

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.


                                Article 53

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 requested 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.


                                Article 55

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.


                                Article 56

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.


                                Article 57

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.


                                Article 58

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.



                            C H A P T E R   4

                               Extradition


                                Article 59

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.


                                Article 60

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.


                                Article 61

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.


                                Article 62

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.


                                Article 63

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.


                                Article 64

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.


                                Article 65

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.


                                Article 66

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.



                            C H A P T E R   5

             Transfer of the execution of criminal judgments


                                Article 67

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.


                                Article 68

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.


                                Article 69

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.



                            C H A P T E R   6

                              Narcotic drugs


                                Article 70

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.


                                Article 71

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.

               (+) Single Conventions on Narcotic Drugs of 1961 as amended
               by the 1972 Protocol amending the 1961 Single Convention on
               Narcotic Drugs; the 1971 Convention on Psychotropic
               Substances; the United Nations Convention of 20 December
               1988 on Illicit Traffic in Narcotic Drugs and Psychotropic
               Substances.



                                Article 72

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.


                                Article 73

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.


                                Article 74

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.


                                Article 75

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.


                                Article 76

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.



                            C H A P T E R   7

                         Firearms and ammunition


                                Article 77

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.


                                Article 78

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.


                                Article 79

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.


                                Article 80

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 centrefire;

(c) single-shot short firearms with rimfire, 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.


                                Article 81

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 rimfire with a total length exceeding
    28 cm;

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


                                Article 82

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.


                                Article 83

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.


                                Article 84

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.


                                Article 85

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.


                                Article 86

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.


                                Article 87

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.


                                Article 88

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.


                                Article 89

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.


                                Article 90

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


                                Article 91

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.


                              T I T L E   IV
                              --------------

                     The Schengen Information System



                            C H A P T E R   1

              Setting up of the Schengen Information System


                                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).



                            C H A P T E R   2

       Operation and utilization of the Schengen Information System


                                Article 93

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.


                                Article 94

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.


                                Article 95

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.


                                Article 96

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.


                                Article 97

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.


                                Article 98

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.


                                Article 99

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.


                               Article 100

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).


                               Article 101

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.



                            C H A P T E R   3

             Protection of personal data and security of data
                  under the Schengen Information System


                               Article 102

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.


                               Article 103

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.


                               Article 104

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.


                               Article 105

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.


                               Article 106

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.


                               Article 107

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.


                               Article 108

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.


                               Article 109

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.


                               Article 110

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


                               Article 111

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.


                               Article 112

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.


                               Article 113

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
toymotor 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.


                               Article 114

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.


                               Article 115

1.  A joint supervisory authority shall be set up, with resposibility 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 fyor
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.


                               Article 116

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.


                               Article 117

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.


                               Article 118

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.



                            C H A P T E R   4

      Apportionment of the costs of the Schengen Information System


                               Article 119

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.



                              T I T L E   V
                              -------------

                     Transport and movement of goods


                               Article 120

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 therefor
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.


                               Article 121

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.


                               Article 122

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.


                               Article 123

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.


                               Article 124

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.


                               Article 125

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.



                              T I T L E   VI
                              --------------

                       Protection of personal data


                               Article 126

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-a-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.


                               Article 127

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 Title II, Chapter 7, and Title III, Chapters 2, 3, 4 and 5 as also
in Title IV.


                               Article 128

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 Title II, Chapter 7 and in Title III, Chapters 2, 3, 4, and 5.


                               Article 129

With regard to the transmission of personal data pursuant to Title III,
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.


                               Article 130

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.



                             T I T L E   VII
                             ---------------

                           Executive Committee


                               Article 131

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.


                               Article 132

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.


                               Article 133

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.



                             T I T L E   VIII
                             ----------------

                             Final Provisions


                               Article 134

The provisions of this Convention shall apply only insofar as they are
compatible with Community law.


                               Article 135

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.


                               Article 136

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).


                               Article 137

This Convention shall not be the subject of any reservations, save for
those referred to in Article 60.


                               Article 138

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.


                               Article 139

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.


                               Article 140

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 acceeding 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.


                               Article 141

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.


                               Article 142

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.



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                            F I N A L   A C T

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.


3.  Joint statement regarding Article 71(2)

Insofar as a Contracting Party derogates from the principle referred to in
Article 71(2) in connection with its national policy on the prevention and
treatment of addiction to narcotic drugs and psychotropic substances, all
Contracting Parties shall adopt the requisite administrative measure and
penal sanctions to prevent and penalize the illicit import action and
export action of such products and substances, particularly towards the
territory of the other Contracting Parties.


4.  Joint statement concerning Article 121

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 the plants and plant
products

(a) listed under 1 below, or

(b) listed under 2 to 6 below and originating in one of the Contracting
    Parties:

 1) Cut flowers and parts of plants suitable for ornamental purposes of:

    Castanea
    Chrysanthemum
    Dendranthema
    Dianthus
    Gladiolus
    Gypsophila
    Prunus
    Quercus
    Rosa
    Salix
    Syringa
    Vitis

 2) Fresh fruit of:

    Citrus
    Cydonia
    Malus
    Prunus
    Pyrus

 3) Wood of:

    Castanea
    Quercus

 4) Growing medium constituted wholly or in part of earth or solid organic
    matter such as parts of plants, turf and bark with humus, but not
    constituted entirely of turf.

 5) Seeds

 6) Live plants listed below and appearing under the CN Code listed below
    in the Customs Nomenclature published in the Official Journal of the
    European Communities of 7 September 1987.

  CN Code                        Description


  0601 20 30                 Bulbs, tubers, tuberous roots and
                             rhizomes, in growth or in flower:
                             orchids, hyacinths, narcissi and
                             tulips
  0601 20 90                 Bulbs, tubers, tuberous roots and
                             rhizomes, in growth  or in flower:
                             other
  0602 30 10                 Rhododendron simsii (Azalea indica)
  0602 99 51                 Outdoor plants: perennial plants
  0602 99 59                 Outdoor plants: other
  0602 99 91                 Indoor plants: flowering plants with
                             buds or flowers,  excluding cacti
  0602 99 99                 Indoor plants: other


5.  Joint statement on national asylum policies

The Contracting Parties shall make an inventory of national asylum
policies with a view to the harmonization thereof.


6.  Joint statement concerning Article 132

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.



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                              M I N U T E S

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.




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                      J O I N T    S T A T E M E N T

                  by the Ministers and State Secretaries
                   meeting in Schengen on 19 June 1990

The Governments of the Contracting Parties to the Schengen Agreement will
commence or continue discussions in the following spheres in particular:

 -  improving and simplifying practice in respect of extradition;

 -  improving co-operation on proceedings in respect of road traffic
    offences;

 -  arrangements for the mutual recognition of loss of entitlement to
    drive motor vehicles;

 -  possibilities of reciprocal collection of fines;

 -  introduction of rules on reciprocal transfers of criminal proceedings
    including the possibility of transferring the accused person to his
    country of origin;

 -  introduction of rules on the repatriation of minors who have been
    unlawfully removed from the authority of the person responsible for
    exercising parental authority;

 -  further simplification of checks on commercial movements of goods.

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.







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