28 DECEMBER 2006. - An Act to enact the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration, and the annexes made in Prüm on 27 May 2005 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration, and the Annexes, made in Prüm on 27 May 2005, will come out their full and effective.
Art. 3. The agreements reached on the basis of Article 44 of the Treaty, pursuant to Articles 6, paragraph 2, 11, paragraph 2, 12, paragraph 2, 24, paragraph 4, 28, paragraph 5, and 38, paragraph 2, of the Treaty, will define the technical details of the Treaty.
These agreements will be concluded by the competent ministers; they will be communicated to Parliament immediately signed and they will come out their full effect on the date they determine.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 28, 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
Seen and sealed the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006.
Senate:
Documents. - Bill tabled on 9 June 2006, No. 3-1746/1. - Amendments, No. 3-1746/2. Report, no. 3-1746/3.
Annales parliamentarians. - Discussion and voting. Session of July 13, 2006.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-2645/1. - Text adopted in plenary session and subject to Royal Assent, No. 51-2645/2.
Annales parliamentarians. - Discussion and voting. Session of November 9, 2006.
Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration
The High Contracting Parties to this Treaty, Member States of the European Union,
Considering that it is important, in a space of free movement of persons, that the Member States of the European Union strengthen their cooperation in order to more effectively combat terrorism, cross-border crime and illegal migration,
Desiring to play a pioneering role in achieving, within the framework of improving cooperation in Europe and without prejudice to the provisions of the Treaty on the European Union and the Treaty establishing the European Community, a level as high as possible in their cooperation, in the first place through a better exchange of information, in particular in the areas related to the fight against terrorism, cross-border crime and illegal migration, and in other countries
Desirous of translating the provisions of this Treaty into the legal framework of the European Union in order to improve the exchange of information within the European Union as a whole, particularly in the areas of the fight against terrorism, cross-border crime and illegal migration, as well as to create the necessary legal and technical bases,
In the respect of fundamental rights as derived from the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the common constitutional traditions of the States concerned, in particular aware that the transmission of personal data to another Contracting Party presupposes an adequate level of data protection by the receiving Contracting Party,
Considering that, without prejudice to the national law currently in force in the countries concerned, it is appropriate to maintain and provide for appropriate judicial review of the measures provided for in this Treaty,
Disposed to complete this Treaty by other agreements allowing automated data consultation in other appropriate databases as long as it is necessary and proportional for the purpose of deepening cross-border cooperation,
The following agreed:
CHAPTER 1^er. - General
Article 1^er
Principles
(1) By this Treaty, Contracting Parties aim to intensify cross-border cooperation among themselves, in particular the exchange of information.
(2) This cooperation does not affect the right of the European Union and remains open to the accession of any Member State of the European Union under the provisions of this Treaty.
(3) Cooperation under this Treaty aims to develop initiatives that promote European cooperation in the areas described in this Treaty.
(4) At the latest three years after the entry into force of this Treaty, an initiative will be submitted for the transcription of the provisions of this Treaty within the legal framework of the European Union on the basis of an assessment of the experience gained in the implementation of this Treaty, in consultation with the European Commission or on the proposal of the European Commission, taking into account the provisions of the Treaty on the European Union and the Treaty establishing the European Community.
(5) The Contracting Parties shall regularly and jointly inform the Council of the European Union and the European Commission on the evolution of cooperation.
CHAPTER 2. - DNA profiles, typographical data and other data
Article 2
Creation of national DNA analysis files
(1) Contracting Parties undertake to create and manage national DNA analysis files for the prosecution of criminal offences. The processing of data recorded in these files under this Treaty shall be carried out, subject to the other provisions of this Treaty, in accordance with the national law applicable to the processing process in question.
(2) With a view to the implementation of this Treaty, Contracting Parties shall ensure that indexed data referring to the content of national DNA analysis files referred to in paragraph 1^er, first sentence, are available. These indexed data contain only DNA profiles* from the non-coding part of the DNA as well as a reference. The indexed data shall not contain any data allowing the direct identification of the data subject. Indexed data that cannot be attributed to any person (open tracks) must be recognizable as such.
(3) When the instrument of ratification, acceptance, approval or accession is deposited, each Contracting Party shall designate national DNA analysis files to which Articles 2 to 6 apply, as well as the conditions governing automated consultation on the basis of Article 3, paragraph 1^er.
* For Germany the DNA profiles under this Treaty are called Identifizierungsmuster (ADN identification models).
Article 3
Automated consultation of DNA profiles
(1) The Contracting Parties authorize the national points of contact of the other Contracting Parties referred to in Article 6 to access, in order to prosecute criminal offences, the indexed data of their DNA analysis files, with the right to conduct an automated consultation using a comparison of the DNA profiles. The consultation may only be carried out on a case-by-case basis and in accordance with the national law of the Contracting Party conducting such consultation.
(2) If, as part of an automated consultation, a concordance between a transmitted DNA profile and a DNA profile recorded in the recipient Contracting Party file is found, the national contact point that launched the consultation is automatedly informed of the existence of a concordance and the reference. If no concordance can be found, communication is done automatically.
Article 4
Automated DNA profile comparison
(1) Contracting Parties compare, through their national contact points and mutual agreement, the DNA profiles of their open traces with all DNA profiles from the indexed data of other national DNA analysis files with a view to pursuing criminal offences. Transmission and comparison are automated. The transmission intended to compare DNA profiles of open tracks is only in cases where such transmission is provided by the national law of the requesting Contracting Party.
(2) If, when compared to paragraph 1^er, a Contracting Party finds that DNA profiles transmitted correspond to those contained in its own DNA analysis file, it shall forthwith communicate to the national contact point of the other Contracting Party the indexed data for which a concordance has been found.
Article 5
Transmission of other personal data and other information
In the event of a finding of consistency of DNA profiles in the procedure provided for in Articles 3 and 4, the transmission of other personal data relating to indexed data and other information shall be carried out under the national law of the requested Contracting Party, including provisions relating to mutual legal assistance.
Article 6
National contact point and enforcement agreement
(1) Each Contracting Party shall designate a national contact point for data transmission under Articles 3 and 4. The competences of the national contact point are governed by the national law applicable to it.
(2) A performance agreement within the meaning of Article 44 shall determine the technical details of the procedures described in Articles 3 and 4.
Article 7
Genetic material removal and DNA profile transmission
If the DNA profile of a specified person in the territory of the required Contracting Party fails, in the course of an investigation or judicial proceeding, the requested Contracting Party shall grant mutual legal assistance by taking and analyzing the genetic material of that person and by transmitting the DNA profile obtained, where:
1. the requesting Contracting Party shall communicate the purpose for which this procedure is necessary;
2. the requesting Contracting Party shall submit an order or an act of inquiry, issued by the competent authority, required under its national law, stating that the conditions for the collection and analysis of genetic material would be met in the case that the person in question would be in the territory of the requesting Contracting Party and
3. the preconditions for the collection and analysis of genetic material and the transmission of the DNA profile obtained are met under the law of the required Contracting Party.
Article 8
Typographical data
With a view to the implementation of this Treaty, Contracting Parties shall ensure that indexed data are available on the content of national automated typographical identification systems created for the prevention and prosecution of criminal offences. These indexed data contain only typographical data and a reference. The indexed data shall not contain any data allowing the direct identification of the data subject. Indexed data that cannot be assigned to any person (open tracks) must be recognizable as such.
Article 9
Automated consultation of typographical data
(1) The Contracting Parties authorize the national point of contact of other Contracting Parties, referred to in Article 11, to access, with a view to preventing and prosecuting criminal offences, the indexed data of their automated typographical identification systems created for this purpose, with the right to conduct automated consultation using a comparison of typographical data. The consultation may only be carried out on a case-by-case basis and in accordance with the national law of the Contracting Party conducting such consultation.
(2) The finalization of a link between a typographical data and an indexed data of the Contracting Party File Manager shall be effected by the national contact point of the Party having conducted the consultation on the basis of the indexed data transmitted in automated mode and necessary for univocal attribution.
Article 10
Transmission of other personal data and other information
In the event of a finding of consistency of data indexed under the procedure provided for in Article 9, the transmission of other personal data relating to indexed data and other information shall be carried out under the national law of the requested Contracting Party, including provisions relating to mutual legal assistance.
Article 11
National contact point and enforcement agreement
(1) Each Contracting Party shall designate a national point of contact for the transmission of data under Article 9. The competences of the national contact point are governed by the national law applicable to it.
(2) A performance agreement within the meaning of Article 44 shall determine the technical details of the procedure described in Article 9.
Article 12
Automated data consultation in vehicle registration records
(1) With a view to preventing and prosecuting criminal offences, with a view to prosecuting criminally punishable acts within the territory of the Contracting Party conducting the consultation, the jurisdiction of the courts or the Public Prosecutor ' s Office, and with a view to maintaining public order and security, the constracting Parties authorize the national contact points of the other Contracting Parties, referred to in paragraph 2, to access the following data in the national registers of the vehicles,
1. owner data or, as the case may be, holders and
2. vehicle data.
The consultation should only be done using a complete vehicle identification number or a complete mineralogic plate number. The consultation shall only be conducted in accordance with the national law of the Contracting Party conducting the consultation.
(2) Each Contracting Party shall designate a national point of contact for applications addressed to it for the transmission of data as provided for in paragraph 1^er. The competences of the national contact point are governed by the national law applicable to it. An enforcement agreement within the meaning of Article 44 regulates the technical details of the procedure.
Article 13
Non-personal data transmission
In order to prevent criminal offences and to maintain public order and security at large-scale events with a cross-border dimension, in particular in the sporting field or in relation to meetings of the European Council, the Contracting Parties shall transmit to each other data of a non-personal nature that may be necessary for this purpose, both on request and on their own initiative and in accordance with the national law of the Contracting Party transmitting the data.
Article 14
Personal data transmission
(1) In order to prevent criminal offences and to maintain public order and security at large-scale events with a cross-border dimension, in particular in the sporting field or in connection with meetings of the European Council, Contracting Parties shall, on request and on their own initiative, transmit data relating to persons, where final convictions or other facts justify the presumption that such persons will commit criminal offences in the framework
(2) Personal data may only be processed for the purposes referred to in paragraph 1^er and for the specific event described for which they were communicated. The data transmitted must be immediately deleted as the purposes referred to in paragraph 1^er have been hit or can't be. In any case, the transmitted data is deleted no later than one year.
Article 15
National contact point
Each Contracting Party shall designate a national contact point for the transmission of data under Articles 13 and 14. The competences of the national contact point are governed by the national law applicable to it.
CHAPTER 3. - Measures to prevent terrorist offences
Article 16
Transmission of information to prevent terrorist offences
(1) In order to prevent terrorist offences, Contracting Parties may transmit, in accordance with national law and without request, in particular cases to the national points of contact of the other Contracting Parties referred to in paragraph 3, personal data and information referred to in paragraph 2, provided that it is necessary because certain facts justify the presumption that the persons concerned will commit offences as referred to in article 1^er to 3 included in Council of the European Union Framework Decision 2002/475/JAI of 13 June 2002 on combating terrorism.
(2) The data and information to be transmitted includes the names, names, date and place of birth and a description of the facts from which the presumption referred to in paragraph 1 is based.^er.
(3) Each Contracting Party shall designate a national contact point for the exchange of data with the national points of contact of the other Contracting Parties. The competences of each national contact point are governed by the applicable national law.
(4) The authority transmitting the data may, under national law, establish conditions for the use of this data and information by the receiving authority. The latter is bound by these conditions.
Article 17
Armed guards on aircraft
(1) Each Contracting Party shall decide independently, in accordance with its national aviation safety policy, of the operation of armed guards on board aircraft in aircraft registered with that Contracting Party. The intervention of these armed guards on board aircraft is carried out in accordance with the Chicago Convention of 7 December 1944 on international civil aviation, and its annexes, including Annex 17, as well as other documents relating to its application and taking into account the powers of the aircraft commander under the Tokyo Convention of 14 September 1963 relating to offences and certain other acts occurring on board aircraft, as well as in accordance with other regulations
(2) Armed guards on aircraft within the meaning of this Treaty shall be police officers or officials of the duly trained public authority responsible for the maintenance of aircraft safety.
(3) The Contracting Parties support each other in the initial and ongoing training of armed guards on board aircraft and work closely on matters related to the equipment of such guards.
(4) The competent national coordinating office of the Consigning Contracting Party, referred to in Article 19, shall, in writing, announce such intervention. The information shall be notified, at least three days before the relevant flight to or from an airport of another Contracting Party, to the competent national coordinating office of the other Contracting Party. In case of imminent danger, the notification is made without delay, in principle before landing.
(5) The written notification, treated confidentially by the Contracting Parties, includes the information referred to in Annex 1 to this Treaty. Contracting Parties may, by separate agreement, amend Annex 1.
Article 18
Port of service weapons, ammunition and equipment
(1) The Contracting Parties shall issue to the armed guards assigned on board the aircraft of the other Contracting Parties, at the request of the Contracting Parties, a general authorization to carry weapons of service, ammunition and equipment for flights to or from the airports of the Contracting Parties. This authorization extends to the port of service weapons and ammunition both on aircraft and, under the conditions set out in paragraph 2, in security zones not accessible to the public at an airport of the Contracting Party concerned.
(2) The carrying of service and ammunition weapons is subject to the following conditions:
1. The flight of the aircraft to an airport with weapons and ammunition or the stay in security zones not accessible to the public of an airport of another Contracting Party is permitted only with the acquaintance of a representative of the competent national authority of the other Contracting Party concerned.
2. Immediately after their departure from the aircraft, the service weapons and ammunition carried are deposited under escort in a place to be determined by the competent national authority, where they are stored securely and under surveillance.
Article 19
National contact and coordination offices
Each Contracting Party shall designate a national contact and coordination office for the performance of the missions referred to in Articles 17 and 18.
CHAPTER 4. - Measures
on combating illegal migration
Rule 20
False documents advisers
(1) On the basis of joint assessments of the situation and taking into account Council of the European Union Regulation (EC) No 377/2004 of 19 February 2004 on the establishment of a network of "Immigration" liaison officers, Contracting Parties agree to the sending of false documents advisers to countries considered as countries of origin or transit for illegal migration.
(2) On the basis of national law, Contracting Parties regularly develop information on illegal migration obtained through the activity of their false documents advisers.
(3) When sending false documents advisers, Contracting Parties may designate a co-ordinating Contracting Party to carry out concrete measures. Coordination may also be limited in time.
Article 21
Missions of false documents advisers
The false documents advisers sent by Contracting Parties shall, inter alia, fulfil the following tasks:
1. advice and training of diplomatic or consular representations of Contracting Parties on visa and passport cases, including the recognition of falsified or counterfeit documents, as well as documentary fraud and illegal migration,
2. advice and training of transport companies in respect of their obligations under the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of joint border controls, signed on 19 June 1990, and Annex 9 to the Chicago Convention of 7 December 1944 on international civil aviation, as well as on the recognition of falsified or counterfeit documents, as well as on relevant provisions,
3. advice and training of authorities and institutions of the relevant host country for border police controls.
It is not undermined the competence of diplomatic or consular representations or authorities responsible for border police control missions of Contracting Parties.
Article 22
National contact and coordination offices
The Contracting Parties shall designate national contact and coordination offices serving as interlocutors for consultations on the sending of false documents advisers as well as for the planning, implementation, support and follow-up of advice and training measures.
Article 23
Support during distance measures
(1) The Contracting Parties shall support each other in distance measures taking into account Decision 2004/573/EC of the Council of the European Union of 29 April 2004 on the organization of joint flights for the removal, from the territory of two or more Member States, of nationals of third countries subject to removal measures in the territory of two or more Member States, and Directive 2003/110/EC of the Council of the European Union 2003 They inform each other in a timely manner with the planned removal measures and provide, to the extent possible, the opportunity for other Contracting Parties to participate. In common distance measures, Contracting Parties agree on the assistance of persons to be removed and on security measures.
(2) A Contracting Party may depart persons by transiting through the territory of another Contracting Party to the extent that it is necessary. The Contracting Party by the territory of which the distance must take place, shall decide the execution of the distance. It sets out in its decision the terms and conditions of removal and applies, to the extent necessary, the means of restraint authorized by its national law against the person to be removed.
(3) Contracting Parties shall designate national focal points for the planning and execution of removal measures. Experts meet regularly in a working group to:
1. assess the results of previous actions and take into account in the subsequent planning and execution of distance measures,
2. consider all possible transit issues referred to in paragraph 2 and develop solutions in this regard.
CHAPTER 5. - Other forms of cooperation
Article 24
Forms of joint interventions
(1) In order to intensify police cooperation, the competent authorities to designate by the Contracting Parties may, in order to maintain public order and security as well as to prevent criminal offences, establish joint patrols and other forms of joint intervention, within which officials or other agents of the public authority, to designate by the Contracting Parties, (hereinafter referred to as "the officials") participate in interventions in the territory of another Contracting Party.
(2) Each Contracting Party, as a host State, may, in accordance with its national law and with the agreement of the sending State, entrust to officials of other Contracting Parties, in the framework of common forms of intervention, competences of public power, or admit, as long as the law of the receiving State permits it, that officials of other Contracting Parties exercise their powers of public power according to the law of the sending State. The powers of public power can only be exercised under the command and generally in the presence of officials of the host State. The officials of the other Contracting Party are subject to the national law of the host State. Their actions are attributed to the receiving State.
(3) Officials participating in joint interventions by other Contracting Parties are bound by the instructions of the competent authority of the host State.
(4) An enforcement agreement within the meaning of Article 44 regulates the practical aspects of cooperation.
Rule 25
Measures in case of danger present
(1) In an emergency situation, officials of a Contracting Party may enter without prior authorization from the other Contracting Party the common border with a view to taking, in the border area on the territory of that other Contracting Party and in accordance with its national law, interim measures necessary to deviate any danger present to the life or physical integrity of persons.
(2) There is an emergency situation within the meaning of paragraph 1^er where waiting for the intervention of officials of the receiving State or for placing under command within the meaning of Article 24, paragraph 2, may lead to the realization of the danger.
(3) Stakeholders promptly notify the host State. The latter acknowledges receipt of this information and is obliged to take the necessary measures without delay in order to deviate the danger and resume the situation in hand. Stakeholder officials may only act on the territory of the receiving State until the latter has taken the necessary measures. Stakeholders are required to comply with the instructions of the host State.
(4) Contracting Parties shall enter into a separate agreement on the authorities to notify without delay under paragraph 3. Stakeholders shall be bound by the provisions of this Article and by the law of the Contracting Party in whose territory they act.
(5) The measures taken by the public servants involved are charged to the responsibility of the host State.
Rule 26
Assistance in large-scale events, disasters and serious accidents
The competent authorities of the Contracting Parties support each other in respect of their national law during mass events and other major events, in disasters and serious accidents:
1. by informing each other as soon as possible on such events having cross-border implications and by communicating important information relevant to them,
2. taking and coordinating the necessary police measures in their own territory in situations with cross-border implications,
3. by providing assistance, to the extent possible, upon request of the Contracting Party in the territory of which the situation arises, by the sending of officials, specialists and advisers and by the provision of equipment.
It is not affected by the international agreements of the Contracting Parties relating to mutual assistance in the event of disasters, including serious accidents.
Rule 27
Cooperation on request
(1) Within the framework of their competence and in accordance with their national law, the competent authorities of the Contracting Parties shall lend themselves upon request mutually assistance.
(2) The competent authorities of the Contracting Parties shall provide mutual assistance under Article 39, paragraph 1^er, 1st sentence of the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of joint border controls, signed on 19 June 1990, in particular by:
1. verifications of the identity of owners and holders as well as drivers of road vehicles, vessels and aircraft, provided that this action is not already covered by section 12,
2. information on driving licences, navigation permits and similar authorizations,
3. audits of places of residence and residence,
4. audits of residence permits,
5. verifications of the identity of subscribers to the telephone network and subscribers of other telecommunications equipment, to the extent that they are publicly accessible,
6. identity checks,
7. investigations into the origin of objects such as weapons, motor vehicles or ships and ships (applications for the sales channel),
8. information from the collection of police data and police documents as well as information from the collection of publicly accessible administrative authorities,
9. urgent reports on weapons and explosives and reports on the counterfeiting of means of payment and stamps,
10. information on the practical execution of cross-border compliance measures, cross-border prosecutions and controlled deliveries, and
11. notification of the availability of a person to make statements.
(3) If the requested authority is not competent to process the application, it shall forward the application to the competent authority. The requested authority shall inform the requesting authority of this transmission and the competent authority for the processing of the application. The competent authority shall process the application and transmit the result to the requesting authority.
CHAPTER 6. - General provisions
Rule 28
Use of service weapons, ammunition and equipment
(1) Staff members of a Contracting Party who are in a joint intervention in the territory of another Contracting Party may wear their national service uniform. They may carry their weapons of service, ammunition and equipment allowed under the national law of the sending State. Any Contracting Party may prohibit the carrying of certain service weapons, ammunition and equipment by officials of the sending State.
(2) Service weapons, ammunition and equipment items listed in Schedule 2 may only be used in the event of self-defence or self-defence. The host State officer, in charge of the intervention, may authorize, on a case-by-case basis and in accordance with national law, the use of weapons of service, ammunition and equipment exceeding the 1st sentence. The use of service weapons, ammunition and equipment objects is subject to the law of the host State. The competent authorities shall instill mutually authorized service weapons, ammunition and equipment items, as well as the conditions governing their use.
(3) Contracting Parties may, by separate agreement, amend Annex 2.
(4) If the officials of one of the Contracting Parties involve motor vehicles in the framework of measures taken under this Treaty in the territory of another Contracting Party, they shall be subject to the same rules of traffic as the officials of the host State, including with regard to the use of prerogatives of public power in the use of sound or light devices and in respect of the rules of traffic.
(5) An enforcement agreement within the meaning of Article 44 regulates the practical aspects of the use of weapons of service, ammunition and equipment.
(6) It is not infringed on section 18.
Rule 29
Protection and assistance
Contracting Parties are obliged to provide the same protection and assistance to officials sent by the other Contracting Party in the performance of their duties only in respect of their own officials.
Rule 30
General liability regulations
With regard to liability under this Treaty, Article 43 of the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of joint border controls, signed on 19 June 1990, is applicable mutatis mutandis. The first sentence is not applicable to sections 17 and 18.
Rule 31
Legal position of civil servants under criminal law
Officials acting, on the basis of this Treaty, on the territory of another Contracting Party shall be assimilated to officials of the other Contracting Party in respect of criminal offences committed or committed against them, unless otherwise provided in another Agreement in force for Contracting Parties.
Rule 32
Service
Officials acting, on the basis of this Treaty, on the territory of another Contracting Party shall remain subject to the provisions in force in their State in respect of their service relationship, in particular in disciplinary matters.
CHAPTER 7. - General data protection provisions
Rule 33
Definitions and scope of application
(1) For the purposes of this Treaty, it is understood that:
1. "Personal Data Processing": any action or sequence of actions, with or without the use of automatic procedures, relating to personal data such as sampling, storage, organization, preservation, adaptation or modification, reading, research, consultation, use, communication by means of a transmission, dissemination or any other form of disposal, combination or layout of data, as well as within the meaning of this Treaty, treatment also encompasses information relating to the existence or non-concordance;
2. "Automatic consultation": direct access to an automated data bank of another authority and in such a way that the consultation is fully automated;
3. Marking: a mark on recorded personal data, without seeking to limit their future processing;
4. " Locking": the marking of recorded personal data with a view to limiting their future processing.
(2) The following provisions apply to data transmitted or having been transmitted under this Treaty, provided that the preceding chapters do not contain any provision to the contrary.
Rule 34
Data protection level
(1) With regard to the processing of personal data transmitted or having been transmitted under this Treaty, each Contracting Party shall ensure in its national law a level of data protection corresponding to at least that resulting from the Council of Europe Convention of 28 January 1981 relating to the protection of persons processed in respect of the automated processing of personal data, as well as the additional protocol of 8 November 2001, and shall take into account in this regard recommendation n R (87) 15 of
(2) The transmission of personal data provided for in this Treaty may only be initiated when the provisions of this chapter have been transposed into national law in the territory of the Contracting Parties concerned by the transmission. The Committee of Ministers referred to in Article 43 shall determine whether these conditions are met.
Rule 35
Purpose of use
(1) The recipient Contracting Party may only process personal data for the purposes for which the data has been transmitted under this Treaty; processing for other purposes is admissible only after the prior authorization of the Contracting Party data manager and in accordance with the national law of the Contracting Party consignee. The authorization may be granted provided that the national law of the Contracting Party data manager permits such processing for such other purposes.
(2) The processing of data, transmitted under Articles 3, 4 and 9, by the Contracting Party conducting the consultation or comparison of data, is exclusively authorized for:
1. determine the consistency between DNA profiles or comparative typographical data;
2. prepare and apply for mutual administrative or judicial assistance under national law in the event of the consistency of such data;
3. logging in accordance with section 39.
The Contracting Party responsible for the file may only process the data transmitted under Articles 3, 4 and 9 if such processing is necessary in order to make a comparison, to respond by automated means of the request or to make the logging in accordance with Article 39. ÷ the outcome of the automated comparison or response to the request, the transmitted data will be deleted without delay unless further processing for the purposes mentioned in the first sentence, numbers 2 and 3 is necessary.
(3) The data transmitted under Article 12 may be used by the Contracting Party responsible for the file exclusively if necessary in order to respond by automated means of the request or in order to make the log under Article 39. ÷ the outcome of the automated response to the request, the data transmitted shall be deleted without delay unless the continuation of the processing for journalization under section 39 is necessary. The requesting Contracting Party may only use the data obtained in the response for the purposes of the procedure on the basis of which the consultation was made.
Rule 36
Competent authorities
The personal data transmitted may be processed exclusively by the authorities and tribunals competent for a mission as part of the purposes referred to in Article 35. In particular, the communication of data transmitted to other authorities may take place only after prior authorization of the Contracting Party having transmitted the data and in accordance with the national law of the Contracting Party to which it is intended.
Rule 37
Exactitude, timelines and data storage time
(1) Contracting Parties are required to ensure the accuracy and timeliness of personal data. If, on an ex officio basis or following a communication from the data subject, it turns out that incorrect data or that should not have been transmitted have been provided, the recipient Contracting Party or the recipient Contracting Parties must be informed without delay. These are required to correct or delete the data. In addition, personal data should be corrected if they are incorrect. If the receiving authority has clues to presume that transmitted data is incorrectly entered or should be erased, it shall promptly inform the authority that transmitted them.
(2) The data whose accuracy is contested by the data subject and which cannot be found if it is correct or incorrect, shall, upon request of the data subject, be marked under the national law of the Contracting Parties. In the event of a marking, the marking may be lifted under national law only on the consent of the person concerned or by a decision of the competent court or the competent independent authority in the field of data protection control.
(3) The personal data transmitted must be deleted when they should not have been transmitted or received. Data legally transmitted and received must be deleted
1. if they are not or more necessary in relation to the purposes for which they have been transmitted. If personal data have been transmitted without a request, the receiving authority shall be required to review without delay if it is necessary in relation to the purposes for which it has been transmitted;
2. at the end of a maximum period for the retention of data in the national law of the Contracting Party transmitting the data, where the authority transmitting the data has indicated to the receiving authority the maximum period at the time of transmission.
Instead of deletion, a locking under national law is performed when it is believed that the deletion would affect interests deserving the protection of the person concerned. Locked data may only be used or transmitted for the purposes for which the deletion has not occurred.
Rule 38
Technical and organizational measures to ensure data protection and security
(1) The receiving authority and the authority that transmits the data are obliged to effectively protect personal data from any incidental or non-authorized destruction, incidental loss, unauthorised access, incidental or non-authorized alteration and non-authorized disclosure.
(2) An enforcement agreement within the meaning of Article 44 regulates the technical details of the automated consultation procedure and ensures that
1. measures to ensure data protection and security are taken in accordance with the current state of art, including ensuring the confidentiality and integrity of data,
2. when using publicly accessible networks, encryption and authentication procedures recognized by the competent authorities are used, and
3. the admissibility of consultations under section 39, paragraphs 2, 4 and 5, may be controlled.
Rule 39
Documentation and journalization, specific provisions relating to automated and non-automated transmission
(1) Each Contracting Party shall ensure that any non-automated transmission and receipt of personal data is documented by the requesting authority and the file manager authority for the purpose of controlling the admissibility of the transmission. The documentation includes:
1. the reason that triggered the transmission,
2. the data transmitted,
3. the date of transmission, and
4. the name or reference of the requesting authority and the file manager authority.
(2) For automated data consultation under sections 3, 9 and 12 and for automated comparison under section 4, the following provisions apply:
1. Automated consultation or comparison can only be carried out by officials of national points of contact which are particularly authorized to do so. Upon request, the list of officials authorized for automated consultation or comparison shall be made available to the monitoring authorities referred to in paragraph 5, as well as other Contracting Parties.
2. Each Contracting Party shall ensure that the file manager authority and the requesting authority shall state any transmission and receipt of data in a logging register, including information relating to the existence or non-concordance of data. The journalization includes the following information:
(a) data transmitted,
(b) the specific date and time of transmission, and
c) the name or reference of the requesting authority and the file manager authority.
The requesting authority also discloses the reason for the request or transmission and the reference of the agent who made the consultation and of the agent who was responsible for the request or transmission.
(3) Upon request, the reporting authority shall promptly inform the competent authorities in the matter of monitoring the data protection of the Contracting Party concerned of the reported data, no later than four weeks after receipt of the request. Daily data can be used exclusively for the following purposes:
1. Data Protection Control
2. data security guarantee.
(4) Daily data must be protected by appropriate provisions against any use other than for the above-mentioned purposes and against any other abuse and must be retained for two years. After the retention period expires, the logged data must be deleted without delay.
(5) The legal control of the transmission or receipt of personal data is the responsibility of the competent independent authorities to monitor the data protection of the respective Contracting Parties. Any person may, under national law, request such authorities to verify the legitimacy of the data processing. Regardless of such requests, these authorities as well as the competent authorities for logging must also conduct random checks to verify the legitimacy of the transmissions, using the files that were based on the consultations. The results of this monitoring activity must be retained for 18 months for the purpose of monitoring the data protection by the competent independent authorities. ÷ the expiration of this period, they must be erased without delay. Each competent data protection authority may be required by the independent data protection authority of another Contracting Party to exercise its competence in accordance with national law. The competent independent authorities in the area of data protection control of the Contracting Parties shall ensure the necessary mutual cooperation to carry out their control tasks, including through the exchange of relevant information.
Rule 40
Right of persons concerned to be informed and compensated
(1) Upon request, the person concerned, after having proved his or her identity, must, in accordance with national law, be informed without unreasonable costs, in a generally comprehensible and without unreasonable delay, by the competent authority under the national law on the data processed concerning her or on their origin, the recipients or categories of recipients, the purpose of the treatment as well as on the legal basis governing the treatment. In addition, the data subject has the right to correct the data entered in error or to delete the data processed illegally. The Contracting Parties further ensure that the person concerned may, in the event of a violation of his or her personal data protection rights, apply to an independent and impartial tribunal established by law, within the meaning of Article 6, paragraph 1^er the European Convention for the Protection of Human Rights, as well as an independent supervisory authority within the meaning of Article 28 of Directive 95/46/EC, and is afforded the opportunity to assert, through judicial means, a right to compensation or other form of redress. The national law of the State in which it asserts its rights regulates the details of the procedure for the implementation of these rights and the reasons for restricting the right to be informed.
(2) If an authority of a Contracting Party has transmitted, under this Treaty, personal data, the receiving authority of the other Contracting Party may not invoke the fact that the data transmitted has been incorrect in order to discharge its responsibility under its national law with respect to the injured person. If the recipient Party is required to be repaired due to the use of incorrectly transmitted data, the Party that has forwarded it shall reimburse the recipient Party in full the amounts it has paid for repair.
Rule 41
Information on request from Contracting Parties
The recipient Contracting Party shall inform the Contracting Party having transmitted data on the processing of the data transmitted and the result obtained.
CHAPTER 8. - Implementing provisions and final provisions
Rule 42
Statements
(1) At the time of deposit of the instrument of ratification, acceptance, approval or accession, each Contracting Party shall designate, in a declaration to the depositary State, the competent authorities for the application of this Treaty.
To be designated:
1. national points of contact for DNA analysis referred to in Article 6, paragraph 1^er,
2. national contact points for typographical data referred to in Article 11, paragraph 1^er,
3. national contact points for vehicle registration data referred to in Article 12, paragraph 2,
4. national points of contact for the exchange of information at large-scale events, referred to in Article 15,
5. national focal points for information on the prevention of terrorist offences referred to in Article 16, paragraph 3,
6. national contact and coordination offices for armed guards, referred to in Article 19,
7. National Contact and Coordination Offices for False Documents Advisors, referred to in Article 22,
8. national focal points for the planning and execution of removal measures referred to in Article 23, paragraph 3,
9. authorities and officials, referred to in articles 24 to 27.
(2) Statements made under 1^er paragraph may be amended at any time by a declaration addressed to the depositary. The amendment will result from the date of receipt by the depositary.
Rule 43
Committee of Ministers
(1) The Contracting Parties shall establish a committee of Ministers of Contracting Parties. This Committee of Ministers shall take the necessary decisions for the transposition and application of this Treaty. The decisions of the Committee of Ministers shall be taken unanimously by all Contracting Parties.
(2) In order to support the Committee of Ministers, a joint working group, composed of representatives of Contracting Parties, monitors the transposition and interpretation of this Treaty and determines whether it is necessary to complete and evolve it. The joint working group shall be convened at the request of a Contracting Party.
Rule 44
Implementing agreements
On the basis and within the framework of this Treaty, the competent authorities of the Contracting Parties may enter into agreements on the implementation of this Treaty at the administrative level.
Rule 45
Field of territorial application
The provisions of this Treaty shall apply in the territory of the Contracting Parties. For the Kingdom of the Netherlands, this Treaty is applicable exclusively to the part of the territory of the kingdom located in Europe. For the French Republic, this Treaty is applicable exclusively to the part of the territory of the Republic located in Europe.
Rule 46
Fees
Each Contracting Party shall bear the costs arising from the application of this Treaty by its authorities. In particular cases, the Contracting Parties concerned may agree to a derogatory regulation.
Rule 47
Relationship with other bilateral or multilateral agreements
(1) The provisions of this Treaty shall apply only to the extent that they are consistent with European Union law. If the European Union establishes in the future regulations relating to the area of application of this Treaty, EU law will prevail over the relevant provisions of this Treaty as to their application. Contracting Parties may amend or replace the provisions of this Treaty in accordance with the new provisions in this matter in European Union law.
(2) This Treaty does not affect the rights or obligations contained in existing bilateral or multilateral agreements between Contracting Parties. Contracting Parties are free to apply existing bilateral or multilateral agreements in their mutual relations between Contracting Parties. In the event of conflict with rights or obligations arising from such agreements, the provisions of this Treaty shall prevail.
Rule 48
Ratification, acceptance, approval
This Treaty is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the depositary. When depositing instruments of ratification, acceptance or approval, a declaration may be made regarding the geographic scope of application.
Rule 49
Depositary
(1) The Government of the Federal Republic of Germany is the depositary of this Treaty.
(2) The depositary shall promptly notify other Contracting Parties of ratifications, acceptances, approvals, accessions, reservations and denunciations as well as any other declaration relating to this Treaty.
(3) The depositary shall register this Treaty with the Secretariat of the United Nations under Article 102 of the Charter of the United Nations.
Rule 50
Entry into force
(1) This Treaty comes into force between Contracting Parties that have ratified it 90 days after the deposit of the second instrument of ratification, acceptance or approval. For other Contracting Parties, this Treaty comes into force 90 days after the deposit of their instrument of ratification, acceptance or approval.
(2) The depositary shall notify all Contracting Parties of the date of entry into force.
Rule 51
Access
(1) Any Member State of the European Union may accede to this Treaty. At the time of accession, the enforcement agreements concluded so far on the basis of Article 44 and the other arrangements relating to this Treaty will also become binding on the Member States.
(2) The instruments of accession shall be deposited with the depositary. In the event of accession, a declaration relating to the territorial scope may be made at the time of the deposit of the instruments of accession.
(3) This Treaty shall enter into force, for each Member State, 90 days after the deposit of the instrument of accession, no later than the date of entry into force of the Treaty in accordance with Article 50.
Rule 52
Denunciation
(1) This Treaty shall be concluded for an indefinite period.
(2) Each Contracting Party may denounce this Treaty by a notification to the depositary through diplomatic channels. This denunciation will produce its effects six months after receipt of the notification by the depositary.
Done at Prüm on 27 May 2005, in a single copy in German, Spanish, French and Dutch, the four texts being equally authentic. The original shall be deposited in the archives of the depositary, which shall transmit a certified copy thereof to each signatory State and Member State.

Annex 1^re
Treaty on deepening cross-border cooperation, including with a view to combating terrorism, cross-border crime and illegal migration
Information required under Article 17, paragraph 5, for written notification
1. Response time describing the expected length of stay,
2. Flight data (including their numbers and schedules),
3 Number of members of the armed guard team on board aircraft,
4. Names and names of all persons with the name of the team leader,
5. Passport numbers,
6. Brand, type and serial number of weapons,
7. Amount and type of ammunition,
8. Equipment objects carried by the team and used to carry out the missions.

Annex 2
Treaty on deepening cross-border cooperation, including with a view to combating terrorism, cross-border crime and illegal migration
Service weapons, ammunition and authorized means of intervention within the meaning of section 28, paragraph 2, 1^re and 2^e sentence
1. For the Kingdom of Belgium:
- authorized firearms and authorized ammunition,
- incapacitating sprays and authorized means of intervention,
- tear gas and authorized means of intervention,
2. For the Federal Republic of Germany:
- authorized firearms and authorized ammunition,
3. For the Kingdom of Spain:
- firearms.
- defence weapons authorized under the regulatory provisions applicable to agents participating in the joint intervention, such as the police stick (or baton), sprays, tear gas and other authorized means of intervention.
4. For the French Republic:
- service weapons and means of constraint in individual endowments authorized by national legislation.
5. For the Grand Duchy of Luxembourg:
- authorized firearms and authorized ammunition,
- incapacitating sprays and authorized means of intervention,
- tear gas and authorized means of intervention,
6. For the Kingdom of the Netherlands:
- authorized firearms and authorized ammunition,
- incapacitating sprays and authorized means of intervention,
- tear gas and authorized means of intervention,
7. For the Republic of Austria:
- authorized firearms and authorized ammunition,
- authorized incapacitating sprays and authorized means of intervention
Joint statement
the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria under the Treaty of 27 May 2005 on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration
I. All Contracting Parties jointly declare
1. with respect to Article 17, paragraph 1^er, of the Treaty, that the formulation of this provision does not prejudge their position on the competences of the State of operation or the State of registration in the context of the deployment of armed guards on board aircraft.
2. with respect to article 34, paragraph 2, 2^e sentence,
(a) that the conditions for the transmission of personal data under Chapter 7 of the Treaty are fundamentally met at the date of signature, as they are not intended for automated data consultation or comparison,
(b) that with respect to the conditions set out in Chapter 7 and which are still lacking, particularly in the field of automated consultation and comparison, they will be created as soon as possible.
II. The Kingdom of Belgium declares
1. that any information transmitted by Belgium on the basis of the Treaty may be used as a means of proof by the Contracting Party which receives it only after the authorization of the competent Belgian judicial authorities,
2. with respect to Article 18
(a) that an express authorization from the representative of the Belgian Aviation Inspectorate is still required for the release of armed guards from the aircraft with their weapons or ammunition in accordance with Article 18, paragraph 2, Figure 1,
(b) that upon their departure from the aircraft, such weapons or ammunition shall be delivered to a representative of the Belgian Aviation Inspectorate, who shall transport them to the storage site in a closed box,
(c) that outside an aircraft, the carrying of arms or ammunition is prohibited to armed guards;
3. with respect to the application of article 27, paragraph 3, that this provision does not affect the competence of the Belgian judicial authorities.
III. The Kingdom of Spain states with respect to Article 45, sentence 1, that it considers that "the Agreement concerning the Authorities of Gibraltar in the Context of the Instruments of the EU and the EC and the Treaties thereto" of 19 April 2000 is applicable to the Treaty under the provisions of Article 5 of the Agreement.
IV. With respect to Article 9, the French Republic states that access to indexed data from the national automated fingerprint file (FAED) provided for in Figure 9 is authorized, according to current national legislation, to facilitate the search and identification by the competent authorities of the perpetrators of crimes and offences or their commencement of execution, and to facilitate the prosecution of offences.
V. The Kingdom of the Netherlands states with respect to Articles 3 and 4 that the procedure provided for in these articles is carried out in the same way, namely that Contracting Parties have access to the indexed data of the Dutch DNA analysis files referred to in Article 2, paragraph 2, of the Treaty, with the right to compare their DNA profiles with the DNA profiles of the Dutch DNA analysis files, whether or not it is a particular case.
VI. The Republic of Austria declares with respect to Article 40, paragraph 1^erthat the legal protection provided by the Austrian Data Protection Commission, which meets both the requirements of Article 6, paragraph 1^erof the European Convention for the Protection of Human Rights that the criteria of an independent supervisory authority in accordance with Article 28 of Directive 95/46/EC meet the requirements of that Article.
VII. The Federal Republic of Germany and the Republic of Austria declare in respect of Article 46, second sentence, that in the relations between the Federal Republic of Germany and the Republic of Austria, the costs incurred in the context of mutual legal assistance under Article 7 shall be reimbursed to the required Contracting Party.
Done at Prüm on 27 May 2005.
This Joint Declaration is signed in a single copy in the German, Spanish, French and Dutch languages and is maintained with the Treaty at the archives of the Federal Ministry of Foreign Affairs of the Federal Republic of Germany, which will transmit a certified copy to each signatory State and Member State.
Statement by the Kingdom of Belgium on the deposit of the Instrument of Ratification of the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, including with a view to combating terrorism, cross-border crime and illegal migration
Declaration on Article 2.3:
Sections 2 to 6 of the treaty apply to the DNA data bank "Convicted" as defined in section 5 of the Act of 22 March 1999 on the DNA identification procedure in criminal matters.
Declaration on Article 42:
1. The national point of contact for DNA analysis, referred to in section 6.1, is the National Institute of Criminalism and Crimeinology within the Federal Public Service of Justice.
2. The national contact point for typographical data, referred to in section 11, is the Judicial Identification Service within the Federal Police Judicial Police Directorate General.
3. The National Contact Point for Vehicle Registration Registry Data, referred to in section 12.2, is the Registration Service within the Federal Public Service Mobility and Road Safety Directorate.
4. The national point of contact for the exchange of information at large-scale events, referred to in section 15, is the Directorate of Operations and Information within the Directorate General of the Federal Police Administrative Police.
5. The national contact point for information on the prevention of terrorist offences, referred to in Article 16.3, is the Central Anti-Terrorism Service within the Directorate General of the Federal Police Judicial Police.
6. The national contact and coordination office for armed guards, referred to in section 19, is the Aeronautical Inspection within the Directorate General Air Transport of the Federal Public Service Mobility and Transport.
7. The National Contact and Coordination Office for False Documents Advisors, referred to in section 22, is the Central Service to Combat Fakes within the Directorate General of the Federal Police Administrative Police.
8. The national point of contact for the planning and execution of removal measures, referred to in section 23.3, is the Directorate General Office of Foreigners of the Federal Interior Public Service.
9. The competent authorities and officials, referred to in articles 24 to 27, are the competent authorities and officials performing police missions in accordance with Belgian national law.

Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration, and annexes, made in Prüm on 27 May 2005

For the consultation of the table, see image