Convention implementing the Schengen Agreement

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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 on the gradual abolition of checks at their common borders  (1990) 
This is the consolidated version of the Schengen Convention of 1990 as in force as of 19 July 2013.

Fore more info see Schengen Agreement and Schengen Area.

The sources and changes to the text are those indicated by the European Union Publications Office.

Source: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922%2802%29:EN:NOT.

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 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 referred to as "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 fulfil the resolve expressed in that Agreement to abolish checks at their common borders on the movement of persons and facilitate the transport and movement of goods at those borders,

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 is in keeping with that objective, without prejudice to the measures to be taken to implement the provisions of the Treaty,

WHEREAS the fulfilment of that resolve requires a series of appropriate measures and close cooperation between the Contracting Parties,

HAVE AGREED AS FOLLOWS:

TITLE I — DEFINITIONS[edit]

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 ferry connections exclusively from or to other ports within the territories of the Contracting Parties and 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 that they are not internal borders;

internal flight: shall mean any flight exclusively to or from the territories of the Contracting Parties and not landing in 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 for whom an alert has been issued for the purposes of refusing entry: shall mean an alien for whom an alert has been introduced into the Schengen Information System in accordance with Article 96 with a view to that person being refused entry;

border crossing point: shall mean any crossing point authorised by the competent authorities for crossing external borders;

border check: shall mean a check carried out at a border in response exclusively 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 authorisation of whatever type issued by a Contracting Party which grants right of residence within its territory. This definition shall not include temporary permission to reside in the territory of a Contracting Party for the purposes of processing an application for asylum or 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 relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, and as such obtaining the right of residence;

TITLE II — ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF PERSONS[edit]

CHAPTER 1 — CROSSING INTERNAL BORDERS[edit]

Article 2

[Repealed by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1) with effect as of 13/10/2006.]

CHAPTER 2 — CROSSING EXTERNAL BORDERS[edit]

Articles 3 to 6

[Repealed by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1) with effect as of 13/10/2006.]

Articles 7 and 8

[Repealed by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1) with effect as of 13/10/2006.]

CHAPTER 3 — VISAS[edit]

Section 1 — Short-stay visas[edit]

Articles 9 to 17

[Repealed by Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1) with effect as of 04/04/2010.]

Section 2 — Long-stay visas[edit]

Article 18

[1. Visas for stays exceeding [90 days][1] (long-stay visas) shall be national visas issued by one of the Member States in accordance with its national law or Union law. Such visas shall be issued in the uniform format for visas as set out in Council Regulation (EC) No 1683/95 with the heading specifying the type of visa with the letter "D". They shall be filled out in accordance with the relevant provisions of Annex VII to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).

2. Long-stay visas shall have a period of validity of no more than one year. If a Member State allows an alien to stay for more than one year, the long-stay visa shall be replaced before the expiry of its period of validity by a residence permit.][2]

CHAPTER 4 — CONDITIONS GOVERNING THE MOVEMENT OF ALIENS[edit]

Article 19

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

2. [Inoperative at time Schengen acquis was integrated in EU law.]

3. Paragraphs 1 and 2 shall not apply to visas whose 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 [90 days in any 180-day period][1], provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e).

2. Paragraph 1 shall not affect each Contracting Party's right to extend beyond [90 days][1] an alien's stay in its territory in exceptional circumstances or in accordance with 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. [Aliens who hold valid residence permits issued by one of the Member States may, on the basis of that permit and a valid travel document, move freely for up to [90 days in any 180-day][1] period within the territories of the other Member States, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and are not on the national list of alerts of the Member State concerned.][3]

2. Paragraph 1 shall also apply to aliens who hold provisional residence permits issued by one of the Contracting Parties and travel documents issued by that Contracting Party.

[2a. The right of free movement laid down in paragraph 1 shall also apply to aliens who hold a valid long-stay visa issued by one of the Member States as provided for in Article 18.][4]

3. [Repealed by Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) with effect as of 19/07/2013.]

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

Article 22

[] Aliens who have legally entered the territory of one of the Contracting Parties [may][1] be obliged to report, in accordance with the conditions laid down by each Contracting Party, to the competent authorities of the Contracting Party whose territory they enter. Such aliens [shall][1] report either on entry or within three working days of entry, at the discretion of the Contracting Party whose territory they enter.

[Paragraphs 2 and 3 Repealed by Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) with effect as of 19/07/2013.]

Article 23

1. Aliens who do not fulfil or who no longer fulfil the short-stay conditions applicable within the territory of a Contracting Party shall normally be required to leave the territories of the Contracting Parties immediately.

2. Aliens who hold valid residence permits or provisional residence permits issued by another Contracting Party shall be required to go to the territory of that Contracting Party immediately.

3. Where such aliens have not left voluntarily or where it may be assumed that they will not do so or where their immediate departure is required for reasons of national security or public policy, they must be expelled from the territory of the Contracting Party in which they were apprehended, in accordance with the national law of that Contracting Party. If under that law expulsion is not authorised, the Contracting Party concerned may allow the persons concerned to remain within its territory.

4. Such aliens may be expelled from the territory of that Party to their countries of origin or any other State to which they may be admitted, in particular under the relevant provisions of the readmission agreements concluded by the Contracting Parties.

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

Article 24

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

CHAPTER 5 — RESIDENCE PERMITS AND ALERTS FOR THE PURPOSES OF REFUSING ENTRY[edit]

Article 25

1. [Where a Member State considers issuing a residence permit, it shall systematically carry out a search in the Schengen Information System. Where a Member State considers issuing a residence permit to an alien for whom an alert has been issued for the purposes of refusing entry, it shall first consult the Member State issuing the alert and shall take account of its interests; the residence permit shall be issued for substantive reasons only, notably on humanitarian grounds or by reason of international commitments.

Where a residence permit is issued, the Member State issuing the alert shall withdraw the alert but may put the alien concerned on its national list of alerts.][3]

[1a. Prior to issuing an alert for the purposes of refusing entry within the meaning of Article 96, the Member States shall check their national records of long-stay visas or residence permits issued.][4]

2. Where it emerges that an alert for the purposes of refusing entry has been issued for an alien who holds a valid residence permit issued by one of the Contracting Parties, the Contracting Party issuing the alert shall consult the Party which issued the residence permit in order to determine whether there are sufficient reasons for withdrawing the residence permit.

If the residence permit is not withdrawn, the Contracting Party issuing the alert shall withdraw the alert but may nevertheless put the alien in question on its national list of alerts.

[3. Paragraphs 1 and 2 shall apply also to long-stay visas.][4]

CHAPTER 6 — ACCOMPANYING MEASURES[edit]

Article 26

1. The Contracting Parties undertake, subject to the obligations resulting from their accession to the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, to incorporate the following rules into their national law:

(a) If aliens are refused entry into the territory of one of the Contracting Parties, the carrier which brought them to the external border by air, sea or land shall be obliged immediately to assume responsibility for them again. At the request of the border surveillance authorities the carrier shall be obliged to return the aliens to the third State from which they were transported or to the third State which issued the travel document on which they travelled or to any other third State to which they are certain to be admitted.
(b) The carrier shall be obliged to take all the necessary measures to ensure that an alien carried by air or sea is in possession of the travel documents required for entry into the territories of the Contracting Parties.

2. The Contracting Parties undertake, subject to the obligations resulting from their accession to the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, and in accordance with their constitutional law, to impose penalties on carriers which transport aliens who do not possess the necessary travel documents by air or sea from a Third State to their territories.

3. Paragraphs 1(b) and 2 shall also apply to international carriers transporting groups overland by coach, with the exception of border traffic.

Article 27

1. [Repealed by Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17) with effect as of 05/12/2004.]

2. and 3. [Repealed by 2002/946/JHA: Council framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1) with effect as of 05/12/2004.]

CHAPTER 7 — RESPONSIBILITY FOR PROCESSING APPLICATIONS FOR ASYLUM[edit]

Articles 28 to 38

The Contracting Parties reaffirm their obligations under the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, with no geographic restriction on the scope of those instruments, and their commitment to cooperating with the United Nations High Commissioner for Refugees in the implementation of those instruments.

Article 29

[Inoperative at time Schengen acquis was integrated in EU law.]

TITLE III — POLICE AND SECURITY[edit]

CHAPTER 1 — POLICE COOPERATION[edit]

Article 39

1. The Contracting Parties undertake to ensure that their police authorities shall, in compliance with national law and within the scope of their powers, assist each other for the purposes of preventing and detecting criminal offences, in so far as national law does not stipulate that the request has to be made and channelled via the judicial authorities and provided that the request or the implementation thereof does not involve the application of measures of constraint by the requested Contracting Party. Where the requested police authorities do not have the power to deal with a request, they shall forward it to the competent authorities.

2. Written information provided by the requested Contracting Party under paragraph 1 may not be used by the requesting Contracting Party as evidence of the offence charged other than with the consent of the competent judicial 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 cooperation. Where the request cannot be made in good time using the above procedure, the police authorities of the requesting Contracting Party may address it directly to the competent authorities of the requested Party, which may reply directly. In such cases, the requesting police authority shall at the earliest opportunity inform the central body responsible for international police cooperation in the requested Contracting Party of its direct request.

4. In border areas, cooperation may be covered by arrangements between the competent 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. [Officers of one of the Member States who are keeping a person under surveillance in their country as part of a criminal investigation into an extraditable criminal offence because he is suspected of involvement in an extraditable criminal offence or, as a necessary part of a criminal investigation, because there is serious reason to believe that he can assist in identifying or tracing such a person, shall be authorised to continue their surveillance in the territory of another Member State where the latter has authorised cross-border surveillance in response to a request for assistance made in advance with supporting reasons. Conditions may be attached to the authorisation.][5]

2. Where, for particularly urgent reasons, prior authorisation cannot be requested from the other Contracting Party, the officers carrying out the surveillance shall be authorised to continue beyond the border the surveillance of a person presumed to have committed criminal offences listed in paragraph 7, provided that the following conditions are met:

(a) the authority of the Contracting Party designated under paragraph 5, in whose territory the surveillance is to be continued, must be notified immediately, during the surveillance, 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 authorisation shall be submitted immediately.

Surveillance 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 authorisation has not been obtained, five hours after the border was crossed.

3. The surveillance referred to in paragraphs 1 and 2 shall be carried out only under the following general conditions:

(a) The officers carrying out the surveillance 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) Except in the situations outlined in paragraph 2, the officers shall, during the surveillance, carry a document certifying that authorisation has been granted.
(c) The officers carrying out the surveillance must at all times be able to prove that they are acting in an official capacity.
(d) The officers carrying out the surveillance may carry their service weapons during the surveillance 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 carrying out the surveillance may neither challenge nor arrest the person under surveillance.
(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 carrying out the surveillance may be required to appear in person.
(h) The authorities of the Contracting Party from which the surveillance officers have come shall, when requested by the authorities of the Contracting Party in whose territory the surveillance took place, assist the enquiry subsequent to the operation in which they took part, including judicial proceedings.

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

- as regards the Kingdom of Belgium: members of the "police judiciaire près les Parquets" (Criminal Police attached to the Public Prosecutor's Office), the "gendarmerie" and the "police communale" (municipal 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste;
- as regards the Federal Republic of Germany: officers of the "Polizeien des Bundes und der Länder" (Federal Police and Federal State Police), as well as, with respect only to illicit trafficking in narcotic drugs and psychotropic substances and arms trafficking, officers of the "Zollfahndungsdienst" (customs investigation service) in their capacity as auxiliary officers of the Public Prosecutor's Office;
- as regards the French Republic: 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste;
- as regards the Kingdom of the Netherlands: officers of the "Rijkspolitie" (national police) and the "Gemeentepolitie" (municipal police), as well as, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives and the illicit transportation of toxic and hazardous waste, officers of the tax inspection and investigation authorities responsible for import and excise duties.

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

- as regards the Kingdom of Belgium: the "Commissariat général de la Police judiciaire" (Criminal Investigation Department),
- as regards the Federal Republic of Germany: the "Bundeskriminalamt" (Federal Crime Office),
- as regards the French Republic: the "Direction centrale de la Police judiciaire" (Central Headquarters of the Criminal Police),
- as regards the Grand Duchy of Luxembourg: the "Procureur général d'Etat" (Principal State Prosecutor),
- as regards the Kingdom of the Netherlands: the "Landelijk Officier van Justitie" (National Public Prosecutor) responsible for cross-border surveillance.

6. The Contracting Parties may, at bilateral level, extend the scope of this Article and adopt additional measures in application thereof.

7. The surveillance referred to in paragraph 2 may only be carried out where one of the following criminal offences is involved:

- murder,
- manslaughter,
- [a serious offence of a sexual nature],
- arson,
- [counterfeiting and forgery of means of payment],
- aggravated burglary and robbery and receiving stolen goods,
- extortion,
- kidnapping and hostage taking,
- trafficking in human beings,
- illicit trafficking in narcotic drugs and psychotropic substances,
- breach of the laws on arms and explosives,
- wilful damage through the use of explosives,
- illicit transportation of toxic and hazardous waste,
[- serious fraud;
- smuggling of aliens;
- money laundering;
- illicit trafficking in nuclear and radioactive substances;
- participation in a criminal organisation as referred to in Council Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union;
- terrorist offences as referred to in Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism.][5]
Article 41

1. Officers of one of the Contracting Parties who are pursuing in their country an individual caught in the act of committing or of participating in one of the offences referred to in paragraph 4 shall be authorised to continue pursuit in the territory of another Contracting Party without the latter's prior authorisation where, given the particular urgency of the situation, it is 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 are unable to reach the scene in time to take over the pursuit.

The same shall apply where the person being pursued has escaped from provisional custody or while serving a sentence involving deprivation of liberty.

The pursuing officers shall, not later than when they cross the border, contact the competent authorities of the Contracting Party in whose territory the hot pursuit is to take place. The hot pursuit will cease as soon as the Contracting Party in whose territory the pursuit is taking place so requests. At the request of the pursuing officers, the competent local authorities shall challenge the pursued person in order to establish the person's identity or to make an arrest.

2. Hot pursuit shall be carried out in accordance with one of the following procedures, defined by the declaration laid down in paragraph 9:

(a) The pursuing officers shall not have the right to apprehend the pursued person;
(b) If no request to cease the hot pursuit is made and if the competent local authorities are unable to intervene quickly enough, the pursuing officers may detain the person pursued until the officers of the Contracting Party in whose territory the pursuit is taking place, who must be informed immediately, are able to establish the person's identity or make an arrest.

3. Hot pursuit shall be carried out in accordance with paragraphs 1 and 2 and 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 the declaration referred to in paragraph 9, the Contracting Parties shall define the offences referred to in paragraph 1 in accordance with one of the following procedures:

(a) The following criminal offences:
- murder,
- manslaughter,
- rape,
- arson,
- forgery of money,
- aggravated burglary and robbery and receiving stolen goods,
- extortion,
- kidnapping and hostage taking,
- trafficking in human beings,
- illicit trafficking in narcotic drugs and psychotropic substances,
- breach of the laws on arms and explosives,
- wilful damage through the use of explosives,
- illicit transportation of toxic and hazardous waste,
- failure to stop and give particulars after an accident which has resulted in death or serious injury.
(b) Extraditable offences.

5. Hot pursuit shall be carried out only under 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 issued by 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, by means of an armband or by accessories fitted to their vehicles; 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 2(b), for the purpose of being brought before the competent local authorities that person may only be subjected to a security search; handcuffs may be used during the transfer; objects carried by the pursued person may be seized.
(g) After each operation referred to in paragraphs 1, 2 and 3, the pursuing officers shall appear before the competent local authorities of the Contracting Party in whose territory they were operating and shall report on their mission; at the request of those authorities, they shall remain at their disposal until the circumstances surrounding their action have been sufficiently clarified; this condition shall apply even where the hot pursuit has not resulted in the arrest of the person pursued.
(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 hot pursuit took place, assist the enquiry subsequent to the operation in which they took part, including judicial proceedings.

6. A person who, following the action provided for in paragraph 2, has been arrested by the competent local authorities may, whatever that person's nationality, be held for questioning. The relevant rules of national law shall apply mutatis mutandis.

If the person is not a national of the Contracting Party in whose territory the person was arrested, that person shall be released no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless the competent local authorities have previously received a request for that person's provisional arrest for the purposes of extradition in any form whatsoever.

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

- as regards the Kingdom of Belgium: members of the "police judiciaire près les Parquets" (Criminal Police attached to the Public Prosecutor's Office), the "gendarmerie" and the "police communale" (municipal police), 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste;
- as regards the Federal Republic of Germany: officers of the "Polizeien des Bundes und der Länder" (Federal and Federal State Police), as well as, with respect only to illegal trafficking in narcotic drugs and psychotropic substances and arms trafficking, officers of the "Zollfahndungsdienst" (customs investigation service) in their capacity as auxiliary officers of the Public Prosecutor's Office;
- as regards the French Republic: 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste:
- as regards the Kingdom of the Netherlands: officers of the "Rijkspolitie" (national police) and the "Gemeentepolitie" (municipal police) 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 trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives and the illicit transportation of toxic and hazardous waste, officers of the tax inspection and investigation authorities responsible for import and excise duties.

8. For the Contracting Parties concerned this Article shall apply without prejudice to Article 27 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974.

9. At the time of signing this Convention, each Contracting Party shall make a declaration in which it shall define for each of the Contracting Parties with which it has a common border, on the basis of paragraphs 2, 3 and 4, the procedures for carrying out a hot pursuit in its territory.

A Contracting Party may at any time replace its declaration by another declaration provided the latter does not restrict the scope of the former.

Each declaration shall be made after consultation 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 in 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 liable for any damage caused by them during their operations, 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 was caused shall make good such damage under the conditions applicable to damage caused by its own officers.

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

4. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 3, each Contracting Party shall refrain in the case provided for in paragraph 1 from requesting reimbursement of 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 technical possibilities, the Contracting Parties shall install, in particular in border areas, telephone, radio, and telex lines and other direct links to facilitate police and customs cooperation, in particular for the timely transmission of information for the purposes of cross-border surveillance and hot pursuit.

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

(a) exchanging equipment or posting liaison offers provided with appropriate radio equipment;
(b) widening the frequency bands used in border areas;
(c) establishing common links for police and customs services operating in these same areas;
(d) coordinating their programmes for the procurement of communications equipment, with a view to installing standardised and compatible communications systems.
Article 45

1. The Contracting Parties undertake to adopt the necessary measures in order to ensure that:

(a) the managers of establishments providing accommodation or their agents see to it that aliens accommodated therein, including nationals of the other Contracting Parties and those of other Member States of the European Communities, with the exception of accompanying spouses or accompanying minors or members of travel groups, personally complete and sign registration forms and confirm their identity by producing a valid identity document;
(b) the completed registration forms will be kept for the competent authorities or forwarded to them where such authorities deem this necessary for the prevention of threats, for criminal investigations or for clarifying the circumstances of missing persons or accident victims, save where national law provides otherwise.

2. Paragraph 1 shall apply mutatis mutandis to persons staying in any commercially rented accommodation, in particular tents, caravans and boats.

Article 46

1. In specific cases, each Contracting Party may, in compliance with its national law and without being so requested, send the Contracting Party concerned any information which may be important in helping it combat future crime and prevent offences against or threats to public policy and public security.

2. Information shall be exchanged, without prejudice to the arrangements for cooperation in border areas referred to in Article 39(4), via 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, unless national provisions stipulate 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 another Contracting Party.

2. The secondment of liaison officers for a specified or unspecified period is intended to further and accelerate cooperation between the Contracting Parties, particularly by providing assistance:

(a) in the form of the exchange of information for the purposes of combating crime by means of both prevention and law enforcement;
(b) in executing requests for mutual police and judicial assistance in criminal matters;
(c) with the tasks carried out by the authorities responsible for external border surveillance.

3. Liaison officers shall have the task of providing advice and assistance. They shall not be empowered to take independent police action. They shall supply information and perform their duties in accordance with the instructions given to them by the seconding Contracting Party and by the Contracting Party to which they are seconded. They shall report regularly to the head of the police department to which they are seconded.

4. [Repealed by 2003/170/JHA: Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (OJ L 67, 12.3.2003, p. 27) with effect as of 26/03/2003.]

CHAPTER 2 — MUTUAL ASSISTANCE IN CRIMINAL MATTERS[edit]

Article 48

1. The provisions of this Chapter are intended to supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 as well as, in relations between the Contracting Parties which are members of the Benelux Economic Union, Chapter II of the Benelux Treaty concerning 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 those 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 acts which are punishable under the national law of one of the two Contracting Parties, or of both, by virtue of being infringements of the rules of law, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;
(b) in proceedings for claims for damages arising from wrongful prosecution or conviction;
(c) in clemency proceedings;
(d) in civil actions joined to criminal proceedings, as long as the criminal court has not yet taken a final decision in the criminal proceedings;
(e) in the service of judicial documents relating to the enforcement of a sentence or a preventive measure, the imposition of a fine or the payment of costs for proceedings;
(f) in respect of measures relating to the deferral of delivery or suspension of enforcement of a sentence or a preventive measure, to conditional release or to a stay or interruption of enforcement of a sentence or a preventive 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 laws and regulations on excise duties, value added tax and customs duties. Customs provisions shall mean 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, and Article 2 of Council Regulation (EEC) No 1468/81 of 19 May 1981.

2. Requests regarding evasion of excise duties may not be rejected on the grounds that the requested country 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 investigations, prosecutions or proceedings other than those referred to in its request without the prior consent 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 does not exceed ECU 25000 or where the presumed value of the goods exported or imported without authorisation does not exceed 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 acts punishable only by a fine by virtue of being infringements of the rules of law in proceedings brought by the administrative authorities, where the request for assistance was made by 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 act giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period 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 by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;
(b) execution of the letters rogatory is consistent with the law of the requested Contracting Party.
Article 52

1. Each Contracting Party may send 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 written, the document - or at least the important passages thereof - must be translated into (one of) the language(s) of the Contracting Party in whose territory the addressee is staying. If the authority forwarding the document knows that the addressee understands only some other language, the document - or at least the important passages thereof - must be translated into that other language.

3. Experts or witnesses who have failed to answer a summons to appear sent to them by post shall not, even if the summons contains a notice of penalty, be subjected to any punishment or measure of constraint, unless subsequently they voluntarily enter into the territory of the requesting Party and are there again duly summoned. Authorities sending a postal summons to appear shall ensure that this does not involve a notice of penalty. This provision shall be without prejudice to Article 34 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974.

4. If the act on which the request for assistance is based is punishable under the law of both Contracting Parties by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters, 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 via the judicial authorities of the requested Contracting Party where the addressee's address is unknown or where the requesting Contracting Party requires a document to be served in person.

Article 53

1. Requests for assistance may be made directly between judicial authorities and returned via the same channels.

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

3. Requests for the temporary transfer or transit of persons who are under provisional arrest, being detained or who are the subject of a penalty involving deprivation of liberty, and the periodic or occasional exchange of information from the judicial records must be effected through the Ministries of Justice.

4. Within the meaning of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, where the Federal Republic of Germany is concerned, Ministry of Justice shall mean the Federal Minister of Justice and the Justice Ministers or Senators in the Federal States (Länder).

5. Information laid in connection with proceedings against infringement of the legislation on driving and rest periods, in accordance with Article 21 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 or 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 judicial authorities of the requesting Contracting Party directly to the judicial authorities of the requested Contracting Party.

CHAPTER 3 — APPLICATION OF THE NE BIS IN IDEM PRINCIPLE[edit]

Article 54

A person whose trial has been finally disposed of in one Contracting Party may not be prosecuted in another Contracting Party for the same acts provided that, if a penalty has been imposed, it has been enforced, is actually in the process of being enforced or can no longer be enforced under the laws of the sentencing 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, however, this exception shall not apply if the acts took place in part in the territory of the Contracting Party where the judgment was delivered;
(b) where the acts to which the foreign judgment relates constitute an offence against national security or other equally essential interests of that Contracting Party;
(c) where the acts to which the foreign judgment relates were committed by officials of that Contracting Party in violation of the duties of their 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 time 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 connection with the same acts, requested the other Contracting Party to bring the prosecution or has granted extradition of the person concerned.

Article 56

If a further prosecution is brought in a Contracting Party against a person whose trial, in respect of the same acts, has been finally disposed of in another Contracting Party, any period of deprivation of liberty served in the latter Contracting Party arising from those acts shall be deducted from any penalty imposed. To the extent permitted by national law, penalties not involving deprivation of liberty shall also be taken into account.

Article 57

1. Where a Contracting Party charges a person with an offence and the competent authorities of that Contracting Party have reason to believe that the charge relates to the same acts as those in respect of which the person's trial has been finally disposed of in another Contracting Party, those 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 under way.

3. Each Contracting Party shall, when ratifying, accepting or approving this Convention, nominate the authorities authorised to request and receive the information provided for in this Article.

Article 58

The above provisions shall not preclude the application of broader national provisions on the ne bis in idem principle with regard to judicial decisions taken abroad.

CHAPTER 4 — EXTRADITION[edit]

Articles 59 to 66

[Replaced by 2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision (OJ L 190, 18.7.2002, p. 1) with effect as of 07/08/2002.]

CHAPTER 5 — TRANSFER OF THE ENFORCEMENT OF CRIMINAL JUDGMENTS[edit]

Article 67

The following provisions shall apply between the Contracting Parties which are Parties to the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983, for the purposes of supplementing that Convention.

Article 68

1. The Contracting Party in whose territory a penalty involving deprivation of liberty or a detention order has been imposed by a judgment which has obtained the force of res judicata in respect of a national of another Contracting Party who, by escaping to the national's own country, has avoided the enforcement of that penalty or detention order may request the latter Contracting Party, if the escaped person is within its territory, to take over the enforcement of the penalty or 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 enforcement of the penalty or detention order or part thereof remaining to be served be taken over, and prior to the decision on that request, take the sentenced person into police custody or take other measures to ensure that the person remains within the territory of the requested Contracting Party.

Article 69

The transfer of enforcement under Article 68 shall not require the consent of the person on whom the penalty or the detention order has been imposed. The other provisions of the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983 shall apply mutatis mutandis.

CHAPTER 6 — NARCOTIC DRUGS[edit]

Article 70

[Inoperative at time Schengen acquis was integrated in EU law.]

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 adopt in accordance with the existing United Nations Conventions(1), all necessary measures to prevent and punish the illicit trafficking in narcotic drugs and psychotropic substances.

2. The Contracting Parties undertake to prevent and punish by administrative and penal measures the illegal export of narcotic drugs and psychotropic substances, including cannabis, as well as the sale, supply and handing over of such products and substances, without prejudice to the relevant provisions of Articles 74, 75 and 76.

3. To combat the illegal import of narcotic drugs and psychotropic substances, including cannabis, the Contracting Parties shall step up their checks on the movement of persons, goods and 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, transferring some of the police and customs staff released from internal border duty and the use of modern drug-detection methods and sniffer dogs.

4. To ensure compliance with this Article, the Contracting Parties shall specifically carry out surveillance of places known to be used for drug trafficking.

5. The Contracting Parties shall do their utmost to prevent and combat the negative effects arising from the illicit demand for narcotic drugs and psychotropic substances of whatever type, including cannabis. Each Contracting Party shall be responsible for the measures adopted to this end.

Article 72

The Contracting Parties shall, in accordance with their constitutions and their national legal systems, ensure that legislation is enacted to enable the seizure and confiscation of the proceeds of the illicit trafficking in narcotic drugs and psychotropic substances.

Article 73

1. The Contracting Parties undertake, in accordance with their constitutions and their national legal systems, to adopt measures to allow controlled deliveries to be made in the context of the illicit trafficking in narcotic drugs and psychotropic substances.

2. In each individual case, a decision to allow controlled deliveries will be taken on the basis of prior authorisation from each Contracting Party concerned.

3. Each Contracting Party shall retain responsibility for and control over any operation carried out in its own territory and shall be entitled to intervene.

Article 74

[Inoperative at time Schengen acquis was integrated in EU law.]

Article 75

1. As regards the movement of travellers to the territories of the Contracting Parties or their movement within these territories, persons may carry the narcotic drugs and psychotropic substances that are necessary for their medical treatment provided that, at any check, they produce a certificate issued or authenticated by a competent authority of their State of residence.

2. The Executive Committee shall lay down the form and content of the certificate referred to in paragraph 1 and issued by one of the Contracting Parties, with particular reference to details on 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, where necessary, and in accordance with their medical, ethical and practical usage, adopt appropriate measures for the control of narcotic drugs and psychotropic substances which in the territory of one or more Contracting Parties are subject to more rigorous controls than in their own territory, so as not to jeopardise the effectiveness of such controls.

2. Paragraph 1 shall also apply to substances frequently used in 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 of the substances referred to in paragraphs 1 and 2.

4. Problems experienced in this area shall be raised regularly in the Executive Committee.

CHAPTER 7 — FIREARMS AND AMMUNITION[edit]

Articles 77 to 81

[Inoperative at time Schengen acquis was integrated in EU law.]

Article 82

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

(a) firearms whose model or year of manufacture, save in exceptional cases, predates 1 January 1870, provided that they cannot fire ammunition intended for prohibited arms or arms subject to authorisation;
(b) reproductions of arms listed under (a), provided that they cannot be used to fire metal-case cartridges;
(c) firearms which by technical procedures guaranteed by the stamp of an official body or recognised by such a body have been rendered unfit to fire any kind of ammunition.
Articles 83 to 90

[Inoperative at time Schengen acquis was integrated in EU law.]

Article 91

1. The Contracting Parties agree, on the basis of the European Convention on the Control of the Acquisition and Possession of Firearms by Individuals of 28 June 1978, to set up within the framework of their national laws an exchange of information on the acquisition of firearms by persons - whether private individuals or firearms dealers - habitually resident or established in the territory of another Contracting Party. A firearms dealer shall mean any person whose trade or business consists, in whole or in part, in 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 Appendix 1(A)(1)(a) to (h) of the said 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 authorisation or declaration in each of the Contracting Parties.

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

(a) the date of acquisition of the firearm and the identity of the person acquiring it, i.e.:
- in the case of a natural person: surname, forenames, date and place of birth, address and passport or identity card number, date of issue and details of the issuing authority, whether firearms dealer or not,
- in the case of a legal person: the name or business name and registered place of business and the surname, forenames, date and place of birth, address and passport or identity card number of the person authorised to represent the legal person;
(b) the model, manufacturer's number, calibre and other characteristics of the firearm in question and 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 immediately inform the other Contracting Parties of any change of designated authority.

5. The authority designated by each Contracting Party may forward the information it has received to the competent local police authorities and the authorities responsible for border surveillance, for the purposes of preventing or prosecuting criminal offences and infringements of rules of law.

TITLE IV — THE SCHENGEN INFORMATION SYSTEM[edit]

CHAPTER 1 — ESTABLISHMENT OF THE SCHENGEN INFORMATION SYSTEM[edit]

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 alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law and, in the case of the specific category of alerts referred to in Article 96, for the purposes of issuing visas, residence permits and the administration of legislation on 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 by means of 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 setting up 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 carrying out automated searches 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, on a common cost basis and bearing joint liability, the technical support function of the Schengen Information System. The French Republic shall be responsible for the technical support function, which shall be located in Strasbourg. The technical support function shall comprise a data file which will ensure via on-line transmission that the data files of the national sections contain identical information. The data files of the technical support function shall contain alerts for persons and property in so far as 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).

[4. Member States shall in accordance with national legislation exchange through the authorities designated for that purpose (Sirene) all supplementary information necessary in connection with the entry of alerts and for allowing the appropriate action to be taken in cases where persons in respect of whom, and objects in respect of which, data have been entered in the Schengen Information System, are found as a result of searches made in this System. Such information shall be used only for the purpose for which it was transmitted.][6]

[Article 92A

1. As from the entry into force of Council Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA and relying on the definitions in Article 2 of that Regulation, the technical architecture of the Schengen Information System may be supplemented by:

(a) an additional central system composed of:
- technical support function (Central SIS II), located in France and backup Central SIS II located in Austria, containing the SIS II database and a uniform national interface (NI-SIS),
- a technical connection between the C.SIS and the Central SIS II via the converter allowing the conversion and synchronisation of data between the C.SIS and the Central SIS II;
(b) a national system (N.SIS II), consisting of the national data systems, which communicates with the Central SIS II;
(c) an infrastructure for communication between Central SIS II and the N.SIS II connected to the NI-SIS.

2. The N.SIS II may replace the national section referred to in Article 92 of this Convention, in which case the Member States need not hold a national data file.

3. The central SIS II database shall be available for the purpose of carrying out automated searches in the territory of each Member State.

4. In case any of the Member States replace their national section by N.SIS II, the compulsory functions of the technical support function towards that national section as mentioned in Article 92(2) and (3) become compulsory functions towards Central SIS II, without prejudice to the obligations referred to in Decision 2008/839/JHA and in Articles 5(1), 10(1), (2) and (3) of Regulation (EC) No 1104/2008.

5. Central SIS II shall provide the services necessary for the entry and processing of SIS data, the online update of N.SIS II national copies, the synchronisation of and consistency between N.SIS II national copies and the Central SIS II database and provide operations for initialisation and restoration of N.SIS II national copies.

6. France, responsible for the technical support function, the other Member States and the Commission shall cooperate to ensure that a search in the data files of N.SIS II or in the SIS II database produces a result equivalent to that of a search in the data file of the national sections referred to in Article 92(2).][7]

CHAPTER 2 — OPERATION AND USE OF THE SCHENGEN INFORMATION SYSTEM[edit]

Article 93

The purpose of the Schengen Information System shall be in accordance with this Convention to maintain public policy and public security, including national security, in the territories of the Contracting Parties and to apply the provisions of this Convention relating to the movement of persons in those territories, using information communicated via this system.

Article 94

1. The Schengen Information System shall contain only those categories of data which are supplied by each of the Contracting Parties, as required for the purposes laid down in Articles 95 to 100. The Contracting Party issuing an alert shall determine whether the case is important enough to warrant entry of the alert in the Schengen Information System.

2. The categories of data shall be as follows:

(a) persons for whom an alert has been issued;
(b) objects referred to in [Articles 99 and 100.][8]

[3. For persons, the information shall be no more than the following:

(a) surname and forenames, any aliases possibly entered separately;
(b) any specific objective physical characteristics not subject to change;
(c) (…);
(d) place and date of birth;
(e) sex;
(f) nationality;
(g) whether the persons concerned are armed, violent or have escaped;
(h) reason for the alert;
(i) action to be taken;
(j) in cases of alerts under Article 95: the type of offence(s).][8]

4. Where a Contracting Party considers that an alert 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 alert contained in the data file of the national section of the Schengen Information System a flag to the effect that the action to be taken on the basis of the alert will not be taken in its territory. Consultation must be held in this connection with the other Contracting Parties. If the Contracting Party issuing the alert does not withdraw the alert, it shall continue to apply in full for the other Contracting Parties.

Article 95

1. Data on persons wanted for arrest for extradition purposes shall be entered at the request of the judicial authority of the requesting Contracting Party.

2. Before issuing an alert, the Contracting Party shall check whether the arrest is authorised under the national law of the requested Contracting Parties. If the Contracting Party issuing the alert has any doubts, it must consult the other Contracting Parties concerned.

The Contracting Party issuing the alert shall send the requested Contracting Parties by the quickest means possible both the alert and 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 other document having the same legal effect, 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 the degree of participation in the offence by the person for whom the alert has been issued;
(e) in so far as is possible, the consequences of the offence.

3. A requested Contracting Party may add to the alert in the data file of its national section of the Schengen Information System a flag prohibiting arrest on the basis of the alert until the flag is deleted. The flag must be deleted no later than 24 hours after the alert has been entered, unless the Contracting Party refuses to make the requested arrest on legal grounds or for special reasons of expediency. In particularly exceptional cases where this is justified by the complex nature of the facts behind the alert, the above time limit may be extended to one week. Without prejudice to a flag or a decision to refuse the arrest, the other Contracting Parties may make the arrest requested in the alert.

4. If, for particularly urgent reasons, a Contracting Party requests an immediate search, the requested Contracting Party shall examine whether it is able to withdraw its flag. The requested Contracting Party shall take the necessary steps to ensure that the action to be taken can be carried out immediately if the alert is validated.

5. If the arrest cannot be made because an investigation has not been completed or because a requested Contracting Party refuses, the latter must regard the alert as being an alert for the purposes of communicating the place of residence of the person concerned.

6. The requested Contracting Parties shall carry out the action as requested in the alert in accordance with extradition Conventions in force and with national law. They shall not be obliged 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 on aliens for whom an alert has been issued for the purposes of refusing entry shall be entered on the basis of a national alert resulting from decisions taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law.

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

This situation may arise in particular in the case of:

(a) an alien who has been convicted of an offence carrying a penalty involving deprivation of liberty of at least one year;
(b) an alien in respect of whom there are serious grounds for believing that he has committed serious criminal offences, including those referred to in Article 71, or in respect of whom there is clear 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 subject to measures involving deportation, refusal of entry or removal which have not been rescinded or suspended, including or accompanied by a prohibition on entry or, where applicable, a prohibition on residence, based on a failure to comply with national regulations on the entry or residence of aliens.

Article 97

Data on missing persons or persons who, for their own protection or in order to prevent threats, need temporarily to be placed under police protection at the request of the competent authority or the competent judicial authority of the Party issuing the alert shall be entered, so that the police authorities may communicate their whereabouts to the Party issuing the alert or may move the persons to a safe place in order to prevent them from continuing their journey, if so authorised by national law. This shall apply in particular to minors and persons who must be interned following a decision by a competent authority. The communication of data on a missing person who is of age shall be subject to the person's consent.

Article 98

1. Data on witnesses, 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 persons who are to be served with a criminal judgment or a summons to report in order to serve a penalty involving deprivation of liberty shall be entered, 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 law and the Conventions in force on mutual assistance in criminal matters.

Article 99

1. [Data on persons or vehicles, boats, aircraft and containers shall be entered in accordance with the national law of the Member State issuing the alert, for the purposes of discreet surveillance or of specific checks in accordance with paragraph 5.][9]

2. Such an alert may be issued for the purposes of prosecuting criminal offences and for the prevention of threats to public security:

(a) where there is clear evidence that the person concerned intends to commit or is committing numerous and extremely serious criminal offences; or
(b) where an overall assessment of the person concerned, in particular on the basis of past criminal offences, gives reason to suppose that that person will also commit extremely serious criminal offences in the future.

3. In addition, the alert may be issued in accordance with national law, at the request of the authorities responsible for national security, where there is clear evidence that the information referred to in paragraph 4 is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. [The Member State issuing the alert pursuant to this paragraph shall be obliged to inform the other Member States thereof.][10]

4. For the purposes of discreet surveillance, all or some of the following information may be collected and communicated to the authority issuing the alert when border checks or other police and customs checks are carried out within the country:

(a) the fact that the person for whom or the vehicle for which an alert has been issued 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.

During the collection of this information steps must be taken not to jeopardise the discreet nature of the surveillance.

5. [During the specific checks referred to in paragraph 1, persons, vehicles, boats, aircraft, containers and objects carried may be searched in accordance with national law for the purposes referred to in paragraphs 2 and 3.] If the specific check is not authorised under the law of a Contracting Party, it shall automatically be replaced, for that Contracting Party, by discreet surveillance.][11]

6. A requested Contracting Party may add to the alert in the data file of its national section of the Schengen Information System a flag prohibiting, until the flag is deleted, performance of the action to be taken on the basis of the alert for the purposes of discreet surveillance or specific checks. The flag must be deleted no later than 24 hours after the alert has been entered unless the Contracting Party refuses to take the action requested on legal grounds or for special reasons of expediency. Without prejudice to a flag or a refusal, the other Contracting Parties may carry out the action requested in the alert.

Article 100

1. Data on objects sought for the purposes of seizure or use as evidence in criminal proceedings shall be entered in the Schengen Information System.

2. If a search brings to light an alert for an object which has been found, the authority which matched the two items of data shall contact the authority which issued the alert in order to agree on the measures to be taken. For this purpose, personal data may also be communicated in accordance with this Convention. The measures to be taken by the Contracting Party which found the object must be in accordance with its national law.

3. The following categories of objects shall be entered:

(a) motor vehicles with a cylinder capacity exceeding 50 cc which have been stolen, misappropriated or lost;
(b) trailers and caravans with an unladen weight exceeding 750 kg which have been stolen, misappropriated or lost;
(c) firearms which have been stolen, misappropriated or lost;
(d) blank official documents which have been stolen, misappropriated or lost;
(e) issued identity papers (passports, identity cards, driving licences) which have been stolen, misappropriated or lost;
(f) banknotes (suspect notes).
Article 101

1. Access to data entered in the Schengen Information System and the right to search such data directly shall be reserved exclusively to the authorities responsible for:

(a) border checks;
(b) other police and customs checks carried out within the country, and the coordination of such checks.

[However, access to data entered in the SIS and the right to search such data directly may also be exercised by national judicial authorities, inter alia, those responsible for the initiation of public prosecutions in criminal proceedings and judicial inquiries prior to indictment, in the performance of their tasks, as set out in national legislation.][12]

2. [In addition, access to data entered in accordance with Article 96 and data concerning documents relating to persons entered in accordance with Article 100(3)(d) and (e) 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 for the administration of legislation on aliens in the context of the application of the provisions of this Convention relating to the movement of persons. Access to data by these authorities shall be governed by the national law of each Member State.][13]

3. Users may only search data which they require for the performance of their tasks.

4. Each Contracting Party shall send the Executive Committee a list of competent authorities which are authorised to search the data contained in the Schengen Information System directly. That list shall specify, for each authority, which data it may search and for what purposes.

[Article 101A

1. The European Police Office (Europol) shall within its mandate and at its own expense have the right to have access to, and to search directly, data entered into the Schengen Information System in accordance with Articles 95, 99 and 100.

2. Europol may only search data which it requires for the performance of its tasks.

3. Where a search by Europol reveals the existence of an alert in the Schengen Information System, Europol shall inform, via the channels defined by the Europol Convention, the Member State which issued the alert thereof.

4. Use of information obtained from a search in the Schengen Information System is subject to the consent of the Member State concerned. If the Member State allows the use of such information, the handling thereof shall be governed by the Europol Convention. Europol may only communicate such information to third States and third bodies with the consent of the Member State concerned.

5. Europol may request supplementary information from the Member State concerned in accordance with the provisions set out in the Europol Convention.

6. Europol shall:

(a) record every search made by it, in accordance with the provisions of Article 103;
(b) without prejudice to paragraphs 4 and 5, not connect parts of the Schengen Information System nor transfer the data contained therein to which it has access to any computer system for data collection and processing in operation by or at Europol nor download or otherwise copy any parts of the Schengen Information System;
(c) limit access to data entered into the Schengen Information System to specifically authorised staff of Europol;
(d) adopt and apply the measures provided for in Article 118;
(e) allow the Joint Supervisory Body, set up under Article 24 of the Europol Convention, to review the activities of Europol in the exercise of its right to accede to and to search data entered into the Schengen Information System.][14]
[Article 101B

1. The national members of Eurojust and their assistants shall have the right to have access to, and search, data entered in accordance with Articles 95 and 98 into the Schengen Information System.

2. The national members of Eurojust and their assistants may only search data which they require for the performance of their tasks.

3. Where a search by a national member of Eurojust reveals the existence of an alert in the Schengen Information System, he or she shall inform the Member State having issued the alert thereof. Any communication of information obtained from such a search may only be communicated to third States and third bodies with the consent of the Member State having issued the alert.

4. Nothing in this Article shall be interpreted as affecting the provisions of the Council Decision setting up Eurojust concerning data protection and the liability for any unauthorised or incorrect processing of such data by the national members of Eurojust or their assistants, or as affecting the powers of the Joint Supervisory Body set up pursuant to Article 23 of that Council Decision.

5. Every search made by a national member of Eurojust or an assistant shall be recorded in accordance with the provisions of Article 103 and every use made by them of data to which they have acceded shall be registered.

6. No parts of the Schengen Information System shall be connected nor shall the data contained therein to which the national members or their assistants have access be transferred to any computer system for data collection and processing in operation by or at Eurojust nor shall any parts of the Schengen Information System be downloaded.

7. The access to data entered into the Schengen Information System shall be limited to the national members and their assistants and not be extended to Eurojust staff.

8. Measures as provided for in Article 118 shall be adopted and applied.][14]

CHAPTER 3 — PROTECTION OF PERSONAL DATA AND SECURITY OF DATA IN THE SCHENGEN INFORMATION SYSTEM[edit]

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 category of alert referred to in those Articles.

2. Data may only be copied for technical purposes, provided that such copying is necessary in order for the authorities referred to in Article 101 to carry out a direct search. Alerts issued by other Contracting Parties may not be copied from the national section of the Schengen Information System into other national data files.

3. With regard to the alerts laid down in Articles 95 to 100 of this Convention, any derogation from paragraph 1 in order to change from one category of alert to another must be justified by the need to prevent an imminent serious threat to public policy and public security, on serious grounds of national security or for the purposes of preventing a serious criminal offence. Prior authorisation from the Contracting Party issuing the alert must be obtained for this purpose.

4. Data may not be used for administrative purposes. [By way of derogation, data entered under Article 96 and data concerning documents relating to persons entered under Article 100(3)(d) and (e) may be used in accordance with the national law of each Member State for the purposes of Article 101(2) only.][15]

5. Any use of data which does not comply with paragraphs 1 to 4 shall be considered as misuse under the national law of each Contracting Party.

[Article 102A

1. Notwithstanding Articles 92(1), 100(1), 101(1) and (2), 102(1), (4) and (5), the services in the Member States responsible for issuing registration certificates for vehicles, as referred to in Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles [9], shall have the right to have access to the following data entered into the Schengen Information System, for the sole purpose of checking whether vehicles presented to them for registration have been stolen, misappropriated or lost:

(a) data concerning motor vehicles with a cylinder capacity exceeding 50 cc which have been stolen, misappropriated or lost;
(b) data concerning trailers and caravans with an unladen weight exceeding 750 kg which have been stolen, misappropriated or lost;
(c) data concerning registration certificates for vehicles and vehicle number plates which have been stolen, misappropriated, lost or invalidated.

Subject to paragraph 2, the national law of each Member State shall govern access to those data by those services.

2. The services referred to in paragraph 1 that are government services shall be entitled to search directly the data entered in the Schengen Information System referred to in that paragraph.

The services referred to in paragraph 1 that are not government services shall have access to data entered in the Schengen Information System referred to in that paragraph only through the intermediary of an authority as referred to in Article 101(1). That authority shall be entitled to search directly the data and to pass them on to those services. The Member State concerned shall ensure that those services and their employees are obliged to respect any limitations on the permissible use of data passed on to them by the authority.

3. Article 100(2) shall not apply to a search made in accordance with this Article. The communication by services as referred to in paragraph 1 to the police or judicial authorities of information brought to light by a search of the Schengen Information System which gives rise to suspicion of a criminal offence shall be governed by national law.

4. Each year, after seeking the opinion of the joint supervisory authority set up pursuant to Article 115 on the data protection rules, the Council shall submit a report to the European Parliament on the implementation of this Article. That report shall include information and statistics on the use made of the provisions of this Article and the results obtained in their implementation and shall state how the data protection rules have been applied.][16]

Article 103

[Each Member State shall ensure that every transmission of personal data is recorded in the national section of the Schengen Information System by the data file management authority for the purposes of checking whether the search is admissible or not. The record may only be used for this purpose and shall be deleted at the earliest after a period of one year and at the latest after a period of three years.][17]

Article 104

1. Alerts shall be governed by the national law of the Contracting Party issuing the alert unless more stringent conditions are laid down in this Convention.

2. In so far as this Convention does not lay down specific provisions, the law of each Contracting Party shall apply to data entered in its national section of the Schengen Information System.

3. In so far as this Convention does not lay down specific provisions concerning performance of the action requested in the alert, the national law of the requested Contracting Party performing the action shall apply. In so far as this Convention lays down specific provisions concerning performance of the action requested in the alert, responsibility for that action shall be governed by the national law of the requested Contracting Party. If the requested action cannot be performed, the requested Contracting Party shall immediately inform the Contracting Party issuing the alert.

Article 105

The Contracting Party issuing the alert shall be responsible for ensuring that the data entered into the Schengen Information System is accurate, up-to-date and lawful.

Article 106

1. Only the Contracting Party issuing the alert shall be authorised to modify, add to, correct or delete data which it has entered.

2. If one of the Contracting Parties which has not issued the alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall advise the Contracting Party issuing the alert thereof as soon as possible; the latter shall be obliged to check the communication and, if necessary, correct or delete the item in question immediately.

3. If the Contracting Parties are unable to reach agreement, the Contracting Party which did not issue the alert shall submit the case to the joint supervisory authority referred to in Article 115(1) for its opinion.

Article 107

Where a person is already the subject of an alert in the Schengen Information System, a Contracting Party which enters a further alert shall reach agreement on the entry of the alert with the Contracting Party which entered the first alert. The Contracting Parties may also lay down general provisions to this end.

Article 108

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

2. Each Contracting Party shall issue its alerts via that authority.

3. The said authority shall be responsible for the smooth operation of the national section of the Schengen Information System and shall take the necessary measures 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 persons to have access to data entered in the Schengen Information System which relate to them shall be exercised in accordance with the law of the Contracting Party before which they invoke that right. If 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 issued the alert may communicate information concerning such data only if it has previously given the Contracting Party issuing the alert an opportunity to state its position.

2. Communication of information to the data subject shall be refused if this is indispensable for the performance of a lawful task in connection with the alert or for the protection of the rights and freedoms of third parties. In any event, it shall be refused throughout the period of validity of an alert for the purpose of discreet surveillance.

Article 110

Any person may have factually inaccurate data relating to them corrected or unlawfully stored data relating to them 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 obtain information or to obtain compensation in connection with an alert involving them.

2. The Contracting Parties undertake mutually to enforce 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 entered into the Schengen Information System for the purposes of tracing persons shall be kept only for the time required to meet the purposes for which they were supplied. The Contracting Party which issued the alert must review the need for continued storage of such data not later than three years after they were entered. The period shall be one year in the case of the alerts referred to in Article 99.

2. Each Contracting Party 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 scheduled deletion of data from the system one month in advance.

4. The Contracting Party issuing the alert may, within the review period, decide to keep the alert should this prove necessary for the purposes for which the alert was issued. Any extension of the alert must be communicated to the technical support function. The provisions of paragraph 1 shall apply to the extended alert.

[Article 112A

1. Personal data held in files by the authorities referred to in Article 92(4) as a result of information exchange pursuant to that paragraph, shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the alert or alerts concerning the person or object concerned have been deleted from the Schengen Information System.

2. Paragraph 1 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The period of time for which such data may be held in such files shall be governed by national law.][18]

Article 113

1. [Data other than that referred to in Article 112 shall be kept for a maximum of 10 years and data on objects referred to in Article 99(1) for a maximum of five years.][19]

2. Data which have been deleted shall be kept for one year in the technical support function. During that period they may only be consulted for subsequent checking as to their accuracy and as to whether the data were entered lawfully. Afterwards they must be destroyed.

[Article 113A

1. Data other than personal data held in files by the authorities referred to in Article 92(4) as a result of information exchange pursuant to that paragraph, shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the alert or alerts concerning the person or object concerned have been deleted from the Schengen Information System.

2. Paragraph 1 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The period of time for which such data may be held in such files shall be governed by national law.][20]

Article 114

1. Each Contracting Party shall designate a supervisory authority responsible in accordance 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 use of data entered in the Schengen Information System does not violate the rights of the data subject. 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 data entered in the Schengen Information System which concern them and the use 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 entered by another Contracting Party, the check shall be carried out in close coordination with that Contracting Party's supervisory authority.

Article 115

1. A joint supervisory authority shall be set up and shall be responsible for supervising the technical support function of the Schengen Information System. This authority shall consist of two representatives from each national supervisory authority. Each Contracting Party shall have one vote. Supervision shall be carried out in accordance with the provisions of this Convention, 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 No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector, and in accordance with the national law of the Contracting Party responsible for the technical support function.

2. As regards the technical support function of the Schengen Information System, the joint supervisory authority shall have the task of checking that the provisions of this Convention are properly implemented. For that purpose, it shall have access to the technical support function.

3. The joint supervisory authority shall also be responsible for examining any difficulties of application or interpretation that may arise during the operation of the Schengen Information System, for studying any problems that may occur 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 for drawing up harmonised proposals for joint solutions to existing problems.

4. Reports drawn up by the joint supervisory authority shall be submitted to the authorities to which the national supervisory authorities submit their reports.

Article 116

1. Each Contracting Party shall be liable 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 apply to injury caused by the Contracting Party which issued the alert, where the latter entered factually inaccurate data or stored data unlawfully.

2. If the Contracting Party against which an action is brought is not the Contracting Party issuing the alert, the latter shall be required to reimburse, on request, the sums paid out as compensation unless the data were used by the requested Contracting Party in breach of this Convention.

Article 117

1. As regards the automatic processing of personal data communicated pursuant to this Title, each Contracting Party shall, no later than the date of entry into force of this Convention, adopt the necessary national provisions in order to achieve a level of protection of personal data at least equal to that resulting from the principles laid down in the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and in accordance with Recommendation No 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 communication of personal data provided for in this Title may not take place until the provisions for the protection of personal data as specified in paragraph 1 have entered into force in the territories of the Contracting Parties involved in such communication.

Article 118

1. Each Contracting Party undertakes, in relation to its national section of the Schengen Information System, to adopt the necessary measures in order to:

(a) deny unauthorised persons access to data-processing equipment used for processing personal data (equipment access control);
(b) prevent the unauthorised reading, copying, modification or removal of data media (data media control);
(c) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);
(d) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);
(e) ensure that persons authorised to use an automated data-processing system only have access to the data covered by their access authorisation (data access control);
(f) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);
(g) ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems and when and by whom the data were input (input control);
(h) prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media (transport control).

2. Each Contracting Party must take special measures to ensure the security of data while they are being communicated to services located outside the territories of the Contracting Parties. Such measures must be notified to the joint supervisory authority.

3. For the processing of data in its national section of the Schengen Information System each Contracting Party may appoint only specially qualified persons who have undergone security checks.

4. The Contracting Party responsible for the technical support function of the Schengen Information System shall adopt the measures laid down in paragraphs 1 to 3 in respect of that function.

CHAPTER 4 — APPORTIONMENT OF THE COSTS OF THE SCHENGEN INFORMATION SYSTEM[edit]

Article 119

[1. The costs of installing and operating the technical support function referred to in Article 92(3), including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, and of activities performed in conjunction with tasks conferred upon France in application of Decision (JHA) 2008/839/JHA and of Regulation (EC) No 1104/2008 shall be borne jointly by the Member States.

2. The costs of installing and operating the national section of the Schengen Information System and of tasks conferred upon national systems under Decision 2008/839/JHA and Regulation (EC) No 1104/2008 shall be borne by each Member State individually.][21]


TITLE V — TRANSPORT AND MOVEMENT OF GOODS[edit]

Articles 120 to 125

[Inoperative at time Schengen acquis was integrated in EU law.]

TITLE VI — PROTECTION OF PERSONAL DATA[edit]

Article 126

1. As regards the automatic processing of personal data communicated pursuant to this Convention, each Contracting Party shall, no later than the date of entry into force of this Convention, adopt the necessary national provisions in order to achieve a level of protection of personal data at least equal to that resulting from the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981.

2. The communication of personal data provided for in this Convention may not take place until the provisions for the protection of personal data as specified in paragraph 1 have entered into force in the territories of the Contracting Parties involved in such communication.

3. In addition, the following provisions shall apply to the automatic processing of personal data communicated pursuant to this Convention:

(a) such data may be used by the recipient Contracting Party solely for the purposes for which this Convention stipulates that they may be communicated; such data may be used for other purposes only with the prior authorisation of the Contracting Party communicating the data and in accordance with the law of the recipient Contracting Party; such authorisation may be granted in so far as the national law of the Contracting Party communicating the data so permits;
(b) such data may be used only by the judicial authorities and the departments and authorities carrying out tasks or performing duties in connection with the purposes referred to in paragraph (a);
(c) the Contracting Party communicating such data shall be obliged to ensure the accuracy thereof; should it establish, either on its own initiative or further to a request by the data subject, that data have been provided that are inaccurate or should not have been communicated, the recipient Contracting Party or Parties must be immediately informed thereof; the latter Party or Parties shall be obliged to correct or destroy the data, or to indicate that the data are inaccurate or were unlawfully communicated;
(d) a Contracting Party may not plead that another Contracting Party communicated inaccurate data, in order to avoid its liability under its national law vis-à-vis an injured party; if damages are awarded against the recipient Contracting Party because of its use of inaccurate communicated data, the Contracting Party which communicated the data shall refund in full to the recipient Contracting Party the amount paid in damages;
(e) the transmission and receipt of personal data must be recorded both in the source data file and in the data file in which they are entered;
(f) the joint supervisory authority referred to in Article 115 may, at the request of one of the Contracting Parties, deliver an opinion on the difficulties of implementing and interpreting this Article.

4. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II and Title IV. Paragraph 3 shall not apply to the communication of data provided for under Chapters 2 to 5 of Title III.

Article 127

1. Where personal data are communicated to another Contracting Party pursuant to the provisions of this Convention, Article 126 shall apply to the communication of the data from a non-automated data file and to their inclusion in another non-automated data file.

2. Where, in cases other than those governed by Article 126(1), or paragraph 1 of this Article, personal data are communicated to another Contracting Party pursuant to this Convention, Article 126(3), with the exception of subparagraph (e), shall 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 such a record is not necessary given the use of the data, in particular if they are not used or are used only very briefly;
(b) the recipient Contracting Party shall ensure, in the use of communicated data, a level of protection at least equal to that laid down in its national law for the use of similar data;
(c) the decision concerning whether and under what conditions the data subject shall, at his request, be provided information concerning communicated data relating to him shall be governed by the national law of the Contracting Party to which the request was addressed.

3. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II, Chapters 2 to 5 of Title III, and Title IV.

Article 128

1. The communication of personal data provided for by this Convention may not take place until the Contracting Parties involved in that communication have instructed a national supervisory authority to monitor independently that the processing of personal data in data files complies with Articles 126 and 127 and the provisions adopted for their implementation.

2. Where the Contracting Party has, in accordance with its national law, instructed a supervisory authority to monitor independently, in one or more areas, compliance with the provisions on the protection of personal data not entered in a data file, that Contracting Party shall instruct the same authority to supervise compliance with the provisions of this Title in the areas concerned.

3. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II and Chapters 2 to 5 of Title III.

Article 129

As regards the communication of personal data pursuant to Chapter 1 of Title III, the Contracting Parties undertake, without prejudice to Articles 126 and 127, to achieve a level of protection of personal data which complies with the principles of Recommendation No 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. In addition, as regards the communication of data 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 the data and in compliance with the conditions laid down by that Contracting Party;
(b) the data may be communicated to police forces and authorities only; data may not be communicated to other authorities without the prior authorisation of the Contracting Party which provided them;
(c) the recipient Contracting Party shall, upon request, inform the Contracting Party which provided the data of the use made of the data and the results thus obtained.
Article 130

If personal data are communicated via a liaison officer as referred to in Article 47 or Article 125, the provisions of this title shall not apply unless the liaison officer communicates such data to the Contracting Party which seconded the officer to the territory of the other Contracting Party.

TITLE VII — EXECUTIVE COMMITTEE[edit]

Articles 131 to 133

[Inoperative at time Schengen acquis was integrated in EU law.]

TITLE VIII — FINAL PROVISIONS[edit]

Articles 134 and 135

[Inoperative at time Schengen acquis was integrated in EU law.]

Article 136

[Repealed by Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) with effect as of 19/07/2013.]

Article 137

[Inoperative at time Schengen acquis was integrated in EU law.]

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 in Europe.

Articles 139 to 142

[Inoperative at time Schengen acquis was integrated in EU law.]

Notes
  1. 1.0 1.1 1.2 1.3 1.4 1.5 Substituted by Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) with effect as of 19/07/2013.
  2. Substituted by Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31.3.2010, p. 1) with effect as of 05/04/2010.
  3. 3.0 3.1 Substituted by Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31.3.2010, p. 1) with effect as of 05/04/2010.
  4. 4.0 4.1 4.2 Inserted by Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31.3.2010, p. 1) with effect as of 05/04/2010.
  5. 5.0 5.1 Amended by 2003/725/JHA: Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 260, 11.10.2003, p. 37) with effect as of 11/10/2003.
  6. Inserted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 03/06/2005 and by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 13/06/2005.
  7. Inserted by Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 299, 8.11.2008, p. 1) with effect as of 11/11/2008.
  8. 8.0 8.1 Amended by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 24/02/2005.
  9. Substituted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 24/02/2005.
  10. Amended by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 03/06/2005.
  11. Substituted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 24/02/2005.
  12. Amended by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 03/06/2005 and by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 13/06/2005.
  13. Substituted by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 20/05/2004.
  14. 14.0 14.1 Inserted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 24/02/2005.
  15. Amended by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 20/05/2004.
  16. Inserted by Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles (OJ L 191, 22.7.2005, p. 18) with effect as of 11/01/2006.
  17. Substituted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 01/01/2006, and by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 01/01/2006.
  18. Inserted by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 11/09/2005. And by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 11/09/2005.
  19. Substituted by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 15/10/2005.
  20. Inserted by Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29) with effect as of 11/09/2005, and by Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44) with effect as of 11/09/2005.
  21. Substituted by Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 299, 8.11.2008, p. 1) with effect as of 11/11/2008.
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