13 FEBRUARY 2005. - An Act to approve the Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg on cross-border police intervention, and the Annexes, made in Luxembourg on 8 June 2004 (1)(2)

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 Constution.
Art. 2. The Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg on cross-border police intervention, and the Annexes, made in Luxembourg on 8 June 2004, will come out their full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 13 February 2005.
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
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2005.
Senate:
Documents. - Bill tabled on 24 November 2004, No. 3-931/1. - Report, number 3-931/2.
Annales parliamentarians. - Discussion and voting. Session of December 21, 2004.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-1528/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1528/2.
Annales parliamentarians. - Discussion and voting. Session of 20 January 2005.
Related States (cfr. infra).

Treaty between the Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg on cross-border police intervention
The Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg, referred to below by the Contracting Parties,
Desirous of promoting cooperation between the Contracting Parties and committed to extending the possibilities of cross-border police intervention in order to intensify the maintenance of public order and security, the prevention and search for punishable acts;
Considering that it is desirable to intensify the exchange of information between the Contracting Parties, as well as cooperation in the undertaking of means to maintain public order and security, within the framework of the prevention and search for punishable acts;
Seen:
- the Treaty establishing the Benelux Economic Union, concluded at The Hague on 3 February 1958;
- the European Convention on Mutual Assistance in Criminal Matters, concluded in Strasbourg on 20 April 1959;
- the Treaty of Extradition and Mutual Legal Assistance in Criminal Matters between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, concluded in Brussels on 27 June 1962;
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, concluded in Strasbourg on 17 March 1978;
- Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe which regulates the use of personal data for police purposes;
- the Convention for the Implementation of 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, concerning the gradual removal of joint border controls, concluded on 19 June 1990 (Schengen Agreement Implementation Convention);
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data;
- the Memorandum of Understanding on Cooperation in the Field of Police, Justice and Immigration between the Ministers of Justice of Belgium, the Netherlands and Luxembourg, the Ministers of the Interior of Belgium and the Netherlands and the Minister of the Public Force of Luxembourg, concluded in Senningen on 4 June 1996;
- Joint Action 97/339/JAI of 26 May 1997 on cooperation in the field of public order and security;
- the Convention established on the basis of Article K.3 of the European Union Treaty on Mutual Assistance and Cooperation between Customs Authorities, concluded in Brussels on 18 December 1997;
- the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on cross-border police intervention to maintain public order and security during the European Football Nations Championship in the year 2000, concluded in Bergen op Zoom on 26 April 1999;
- the Convention established by the Council in accordance with Article 34 of the Treaty on the European Union on mutual legal assistance in criminal matters between the Member States of the European Union, concluded in Brussels on 29 May 2000 (EU Mutual Assistance Agreement);
- the second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, concluded in Strasbourg on 8 November 2001;
- the Joint Declaration of the Kingdom of the Netherlands and the Kingdom of Belgium on cross-border cooperation, concluded at Baarle-Nassau on 5 February 2002;
- Council Decision 2003/725/JAI of 2 October 2003 amending the provisions of Article 40, paragraphs 1^er and 7 of the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls;
- Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950;
- Council Resolution of 29 April 2004 on the security of meetings of the European Council and other events that may have a comparable impact.
The following provisions have been agreed:
PART 1^er. - Definitions and purposes and framework for cooperation
Article 1^er
For the purposes of this Treaty, it is understood that:
(a) Employee: the appropriate employee according to Appendix 1^re;
(b) cross-border police intervention: the intervention of officials of a Contracting Party in the territory of another Contracting Party in order to maintain public order and security either in the context of the protection of persons and property, or in the context of the prevention and search for punishable acts;
(c) cross-border staff member: the staff member performing cross-border intervention;
(d) cross-border police unit: the unit comprised of officials who, in the organizational and logistical sense of the term, perform a cross-border intervention as a global entity;
(e) individual material restraints: the equipment and arming of the grievor for the exercise of a constraint;
(f) means of collective material constraint: weapons, medium and material for collective use allowing the exercise of a constraint;
(g) welcoming state: the Contracting Party in the territory of which a cross-border police intervention takes place;
(h) Consignor state: the Contracting Party from which cross-border officials or the means and equipment of cross-border intervention originate;
(i) Contracting Party requesting: the Contracting Party requesting police cooperation;
(j) Required Contracting Party: the Contracting Party to which a request for police cooperation is addressed;
(k) Competent authority: the competent authority according to Appendix 2;
(l) the border region: the areas listed in Annex 3 to this Treaty.
Article 2
Objective
The objective of this Treaty is to extend the possibilities of police cooperation within the framework of the maintenance of public order and security, in the context of the protection of persons and property and in the context of the prevention and search for punishable acts.
Article 3
Relations with other national conventions and regulations
Unless otherwise expressly stated in this Treaty, cooperation shall take place within the framework of the respective national law of the Contracting Parties and the international obligations of the Contracting Parties.
PART 2. - Definitions and purposes and framework for cooperation
Article 4
Assistance
1. A cross-border intervention in the maintenance of public order and security, including the joint organization or coordination of organized events and transport, is only possible upon request. The application shall be sent by the competent authority of the requesting Contracting Party to the competent authority of the required Contracting Party.
2. The application contains a description of the nature of the requested cross-border police intervention as well as a description of the operational necessity of this intervention. It is further indicated whether the application is for a single border crossing or a specific border crossing category that takes place during a specified period of time.
3. The competent authority of the requested Contracting Party shall promptly make a decision on the application. The decision shall be communicated as quickly as possible in writing to the competent authority of the requesting Contracting Party.
Article 5
Skills for assistance
1. The cross-border civil servant and the cross-border police unit are competent, without prejudice to the competencies set out in Part 4, in particular for:
(a) ensure immediate security or close protection of persons;
(b) monitor a part of the field to collect information and locate individuals, animals, vehicles or objects that threaten or threaten public order and security;
(c) monitor access to a part of the land or prohibit access to that part of the land in order to enforce the legal provisions of the host state or to maintain public order and security;
(d) to give injunctions to traffic and road users;
(e) systematically search a part of the land to locate individuals, animals, vehicles or objects that threaten or threaten public order and security;
(f) conduct identity checks;
(g) Carry out escorts with the aim of avoiding incidents and maintaining public order and security, such as traveling with a group of people, monitoring the group in an uninterrupted manner and repressing, if necessary, the group or some of its members on their behaviour and drawing their attention to the responsibility they have for the possible consequences of these behaviours.
2. The competencies referred to in paragraph 1^er are exercised in accordance with the requirements of proportionality and subsidiarity.
Article 6
Obligation of information
1. The cross-border civil servant or his superior is placed as quickly as possible in possession of a copy of the decision referred to in section 4, paragraph 3.
2. The cross-border official is in possession of a summary of the means and equipment he has provided, in accordance with the model agreed by the competent authority. It shall submit it upon request to the competent authority of the host state.
Article 7
Action on a clean initiative
1. If, due to the urgent nature of the situation in the context of the maintenance of public order and security, a border intervention is necessary, the consignor State may begin this intervention in the border region, without precedence by an application as referred to in Article 4.
2. Crossing the boundary referred to in paragraph 1^er is only authorized provided that cross-border police intervention is communicated immediately upon crossing the border to the competent authority of the receiving state, in accordance with section 35. The competent authority of the host state confirms this communication without delay and provides the sender state with all the information necessary to avoid possibly counteracting a police intervention of the host state.
3. There is an urgent situation within the meaning of paragraph 1^er where border crossing is necessary to address a pressing danger to physical integrity, property or health, or to prevent a serious disorder of public order and security and that officials of the receiving state cannot arrive in time.
4. If a situation occurs outside the border region as referred to in paragraph 3 during an intervention under section 4, paragraph 1^erthe cross-border official may intervene on the basis of this section.
Article 8
Competences in the event of a clean initiative intervention
In order to address a pressing danger to physical integrity, property or health or to prevent a serious disorder of public order and security, the cross-border civil servant may exercise, in accordance with the law of the receiving state, the necessary skills that do not suffer any delay, provided that the skills exercised may never exceed those authorized in the consignor state.
Article 9
Provision of equipment and equipment upon request
1. The competent authority of the consignor State may, upon request of the receiving state, provide means and equipment to maintain public order and security. The provision of the means and equipment is accompanied by a summary statement, in accordance with the model agreed by the competent authority. This summary statement is submitted upon request to the appropriate host authority.
2. When means and equipment are provided to maintain public order and security, the consignor State shall be responsible for the training and explanations necessary for the use of these means and equipment.
Article 10
Purpose: exchange of personal data
1. The competent authorities of the Contracting Parties may exchange personal data from the registers as referred to in Annex 4 if such exchange is essential for the proper execution of the police missions in the territory of the Contracting Parties, provided that the transmission of personal data to another Contracting Party is only possible to prevent a serious and imminent danger or to seek an offence that has seriously affected the legal order of the receiving Contracting Party, unless it is determined to
2. Sections 126 to 129 of the Schengen Agreement Implementation Convention apply to the exchange of personal data referred to in paragraph 1^er as part of the implementation of this Treaty.
3. The personal data obtained must be retained for a period not exceeding the time required for the purposes for which they were collected and processed.
Article 11
Probative force
Any information transmitted by a Contracting Party under this Treaty may only be used as evidence by the Contracting Party to whom the information is originating with the authorization of the Contracting Party.
Article 12
Confidentiality
The competent receiving authority and service shall guarantee the degree of confidentiality that the competent authority and service that transmits the information has assigned to it. The safety levels are the same as those used by EUROPOL.
PART 3. - Forms of special cooperation
§ 3.1. Exchange of personal data
Article 13
Direct exchange of personal data
1. Personal data from a register as referred to in Annex 4 may be transmitted directly, if any, through a common police centre as referred to in Article 24, to the police services of the other Contracting Party, if such transmission is essential for the achievement of the objectives set out in Article 10, paragraph 1^er.
2. By derogation from Article 10, paragraph 1^erdata relating to a specified person or a specified case may also be transmitted without a request for that purpose in the border region.
Article 14
Information of the competent authority
If personal data are transmitted directly under Article 13 to a police service of the Contracting Party to which the data is transmitted, the central authority of the Contracting Party that provides the data shall be informed immediately by the competent authority that transmitted the data.
Article 15
Direct consultation of registration records
1. The competent authorities of the Contracting Parties shall grant each other, with a view to achieving the objectives set out in Article 10, paragraph 1^erthe possibility of a direct, centralized and automated consultation of the registration register.
2. The terms and conditions of the consultation referred to in paragraph 1^er Previous is set by the competent authorities with enforcement measures in accordance with national law.
3. Contracting Parties may, in accordance with national law and for the achievement of the objectives set out in Article 10, paragraph 1^er, conclude a protocol for direct consultation by the competent authorities of a Contracting Party, other records of another Contracting Party that contain personal data.
§ 3.2. Liaison Officers
Article 16
Exchange through liaison officers
Cooperation in the area of information exchange can take the form of permanent contact through liaison officers.
Article 17
Liaison Officers
1. In addition to Article 47, paragraph 2, of the Schengen Agreement Implementation Convention, liaison officers may also undertake missions in the context of the maintenance of public order and the security or protection of persons and property.
2. The Contracting Parties undertake to consolidate cross-border cooperation through the common use of liaison officers representing the Contracting Parties.
3. The practical terms and conditions of the cooperation referred to in the preceding paragraph are regulated by the competent authorities through enforcement measures.
§ 3.3. Cross-border prosecution and observation
Article 18
Prosecution
1. For the execution of cross-border prosecution, the provisions of Article 41 of the Schengen Agreement Implementation Convention are applicable, provided that:
(a) a prosecution may continue beyond the border, in accordance with national law, if it concerns persons who have been deprived of their liberty or who are suspected of a punishable act that may result in extradition;
(b) the right of prosecution as referred to in art. 41, paragraph 1^erthe Schengen Agreement Implementation Convention shall be exercised in the territory of the other Contracting Party, without any restriction, in space or in time and with the right to arrest the person prosecuted;
(c) the prosecution may also take place in the airspace, as well as on the marine and inland waterways, in accordance with national law;
(d) for the surplus, it shall be done, if any, in accordance with Article 26 of the Treaty of Extradition and Mutual Legal Assistance in Criminal Matters between the Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg, even in the absence of the Letter of Request referred to therein.
2. Article 27 of the Treaty on Extradition and Mutual Legal Assistance in Criminal Matters between the Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg is repealed.
Article 19
Comment
For the performance of cross-border compliance, the provisions of Article 40 of the Schengen Agreement Implementation Convention are applicable, provided that:
(a) the observation that is conducted in accordance with the provisions of Article 40, paragraph 1^er the Schengen Agreement Implementation Convention may, in accordance with national law, be extended to persons who have been exempted from a custodial sentence arising out of a punishable act that may result in extradition, or persons who may lead to the discovery of the aforementioned persons;
(b) compliance shall be conducted in accordance with the general conditions set out in Article 40, paragraph 3, of the Schengen Agreement Implementation Convention, on the understanding that public servants may use technical means during the observation, provided that they have received authorization from the host State on the basis of the application referred to in Article 40 of the Schengen Agreement Implementation Convention. The Contracting Parties shall inform each other on the nature and use of the technical means of observation;
(c) cross-border observation may be conducted in the airspace and in the marine and inland waterways, in accordance with national law.
§ 3.4. Protection of persons
Rule 20
Protection of persons
Officials of a Contracting Party may continue their mission of protection of persons in the territory of another Contracting Party, provided that the responsible official has notified, before crossing the border, the crossing of the person to the competent authority of the receiving State and that the competent authority consents to the continuation of the protection mission. If the competent authority of the host state does not consent to the continuation of the protection mission in its territory, it shall resume the mission unless it has reason to decide otherwise.
Article 21
Individual material restraints
As part of the cross-border prosecution of a protection mission within the meaning of Article 20, officials are empowered to carry their means of individual physical restraint, as such means are authorized in accordance with Article 32, paragraphs 1^er and 2.
Article 22
Exercise of force
The exercise of force by the competent officials during the cross-border prosecution of a protection mission within the meaning of Article 20 in general and the use of the individual material restraints referred to in Article 21 in particular are permitted, in accordance with the law of the receiving state only in the case of absolute necessity of self-defence, persons to be protected or others.
Article 23
Mechanism
The Contracting Parties jointly develop a mechanism for the exchange of information and assessments in the area of protection of persons, as well as a common risk analysis.
§ 3.5. Other forms of cooperation
Article 24
Joint police centres
1. Contracting Parties may operate in common police centres. For the exchange and consultation of data as referred to in Article 13, these centres may be competent for the entire territory of the Contracting Parties.
2. The practical modalities of this cooperation are regulated by the competent authorities through enforcement measures.
Rule 25
Joint patrols and controls
The competent authorities of the Contracting Parties may organize, depending on their operational needs, joint patrols or controls in the border region.
Rule 26
Competences during joint patrols and controls
1. In accordance with Article 29, the official of the consignor State who participates in a patrol or in joint controls shall exercise the powers assigned to him by the competent authorities of the two Contracting Parties.
2. The joint patrol is authorized to travel with its means of transport in the border region of the Contracting Parties, which are part of the patrol, but within the border region.
3. The practical terms and conditions of the cooperation and allocation of competencies referred to in paragraph 1^er are regulated by the competent authorities through enforcement measures.
Rule 27
Training, means and equipment
1. The Contracting Parties undertake to support cross-border cooperation by:
- organizing joint training to acquire knowledge and understanding of the legislation and structures of the Contracting Parties and the principles of police practice of the Contracting Parties;
- organizing cooperation in the field of vocational training and on-going training;
- providing technical and scientific support;
- exchange of means and equipment according to possibilities;
- informing, where appropriate, the other Contracting Parties prior to the acquisition of means and equipment for cross-border use;
- exchange staff.
2. The practical modalities of this cooperation are regulated by the competent authorities through enforcement measures.
PART 4. - General provisions
Rule 28
Applicable law and procedures
1. The grievor complies with the law in force in the state of reception during cross-border police intervention.
2. Cross-border police intervention is carried out according to the legal procedures of the host state.
Rule 29
Authority
1. The cross-border civil servant is placed under the authority of the local authorities within the framework of the maintenance of public order, the protection of persons and property or the prevention and search for punishable acts.
2. The cross-border civil servant is under the operational direction of his competent superior for the maintenance of public order and security or for the prevention and search for punishable acts on the area where cross-border police intervention is carried out.
3. During cross-border police intervention, the grievor is required to comply with the instructions of the authorities concerned and the orders of the appropriate superior of the state of reception.
Rule 30
Identification
The cross-border civil servant is able to justify at any time his official quality through the police identity document that was issued to him in the sending state.
Rule 31
External visibility
1. The cross-border official is externally identifiable by wearing a uniform or armband.
2. During cross-border police intervention, the vehicle used by the cross-border civil servant is identified externally by means of devices placed on the vehicle.
3. The preceding paragraphs are not applicable if the nature of cross-border police intervention imposes it.
Rule 32
Material constraints
1. The competent authorities of the Contracting Parties shall mutually inform the nature of the authorized individual and collective means of physical restraint and the circumstances under which they may be used.
2. During a cross-border police intervention, it is permissible for public servants to carry, carry and carry the individual physical restraints that are part of the basic police equipment in the consignor state, provided that they have been authorized by the receiving state in accordance with paragraph 1^er.
3. Other means of individual physical restraints than those referred to in paragraph 2 or collective means of physical restraint shall be carried, carried or carried only if the application has been made in the context of the cross-border police intervention referred to in section 4, where in the context of joint patrols or controls referred to in section 25.
4. In addition to paragraph 3, other means of individual material restraints that are referred to in paragraph 2 may also be transported, carried or carried if they cannot be safely deposited or ranked in the territory of the consignor State during an initiative-specific intervention within the meaning of Article 7.
Rule 33
Exercise of force
1. In addition to section 5, it is permissible for the cross-border civil servant, in accordance with the law of the receiving state, to exercise force or apply other forms of restraint:
(a) after an order as referred to in article 29, paragraph 3, unless the superior has decided otherwise in advance;
(b) after an instruction by the competent authority of the host state, or
(c) in the event of an absolute necessity of self-defence or self-defence, in accordance with the law of the receiving state;
(d) in the event of a specific initiative within the meaning of Article 7.
2. In the situation referred to in the first subparagraph (c) and (d), the use of a firearm, incapacitating gas or tear gas is permitted only when it comes to the absolute necessity of self-defence or others, in accordance with the law of the receiving state.
3. The exercise of force is preceded, if possible and timely, by a warning.
4. The cross-border civil servant who exercised the force shall report the facts and circumstances thereof and their consequences, without delay, to the competent authority referred to in paragraph 1^erUnder b.
5. Other forms of constraint referred to in paragraph 1^er the execution of a security search, the transfer of handcuffs, the arrest of a suspect and the security of seized objects, on the understanding that the cross-border official shall promptly hand over the person concerned to an official of the receiving state by delivering the objects that may be put into safety and by communicating his findings to the competent authorities.
Rule 34
Use of means of transport and passage
1. During cross-border intervention, the grievor may use means of transportation. It can use optical and sound signals in accordance with national law.
2. In the course of his or her duties, the grievor is authorized to travel to the territory of the receiving state with his or her means of transportation and equipment, including the means of individual and collective physical restraint, to reach his or her own territory by the fastest way. On this occasion, the staff member is authorized to use optical and sound signals if necessary in accordance with national law.
3. For measures that, according to the national law of the Contracting Parties, are carried out on the journey of passenger trains or passenger vessels using their own territory, it is permissible for officials of a Contracting Party to board the territory of the other Contracting Party or to descend there after the performance of the measure. Where a control measure, in particular a measure relating to the control of a person or property, cannot be completed in the border area after it has been commenced in the territory of its own territory in accordance with national law and that otherwise the objective of the measure cannot be achieved, that measure may be continued in the territory of the other Contracting Party as long as it is necessary to complete the measure. To the extent other measures are required, the applicable rules remain applicable.
Rule 35
Prosecution and termination
1. The competent host authority may decide to continue the cross-border police intervention itself.
2. The cross-border police intervention ends as soon as the competent authority of the receiving state informs it.
Rule 36
Report
The cross-border official or the superior of a cross-border police unit shall, after each cross-border police intervention, report this intervention to the competent authorities of the receiving state. The welcoming state may require the personal appearance of the cross-border civil servant.
Rule 37
Assistance clause
A Contracting Party shall be held to the cross-border officials of the other Contracting Party during the cross-border police intervention to the same protection and assistance as against its own officials.
PART 5. - Provisions on civil and criminal liability and fees
Rule 38
Criminal accountability
As part of the missions provided for in this Treaty, officials of the consignor state are considered to be officials of the receiving State in respect of the offences against which they would be victims or committed, unless the Contracting Parties agree otherwise.
Rule 39
Civil liability
1. Obligations arising from an unlawful act committed by an official of the consigning state during a cross-border police intervention are governed by the law of the receiving state.
2. In the case of an initiative-specific intervention within the meaning of section 7 and in the case of joint patrols within the meaning of section 25, the consignor State shall take the repair of the damage caused by its official in the territory of the receiving state. The host state repairs damages under the conditions applicable to damage caused by its own officials. The consignor State shall reimburse the full amount paid to the victims or their beneficiaries.
3. In the case of an intervention on request within the meaning of section 4, paragraph 1^er, the receiving State shall take the compensation of the damage referred to in paragraph 2 under the conditions applicable to the damage caused by its own officials.
Rule 40
Labour relationship
The rights and obligations arising from the cross-border employee's working relationship in the consignor state remain in effect during cross-border police intervention. This includes rights and obligations in the field of civil liability.
Rule 41
Fees
1. The costs of cross-border police intervention at the initiative of a Contracting Party within the meaning of Article 7 shall be borne by the consigning State.
2. The costs of cross-border police intervention upon request of a Contracting Party within the meaning of Article 4 shall be determined by mutual agreement between the Contracting Parties.
3. The costs associated with the loss or damage of borrowed equipment are borne by the borrower.
PART 6. - Terms of application and final provisions
Rule 42
Exception
1. If a Contracting Party considers that the satisfaction of an application or the execution or authorization of a measure under the Treaty may affect its own sovereign rights in such a way that its own security or other major interests are threatened or that it is infringed on national law, that Contracting Party may refuse in whole or in part cooperation under this Treaty in accordance with other international obligations of cooperation or subordonnes.
2. Other Contracting Parties shall be informed without delay of a situation as referred to in paragraph 1^er.
Rule 43
Implementing measures
On the basis and under this Treaty, the competent authorities of the Contracting Parties may agree on measures relating to its implementation.
Rule 44
Settlement of disputes
1. A dispute concerning the interpretation or application of this Treaty shall be dealt with by an advisory commission established for that purpose. The Commission is composed of representatives of Contracting Parties. It shall meet at the request of a Contracting Party or in case of necessity in order to attempt to resolve a dispute concerning the interpretation or application of this Treaty.
2. A dispute that cannot be resolved by the advisory committee will be resolved through diplomatic channels.
Rule 45
Action
The competent ministers of the Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg shall take the necessary measures to implement this Treaty.
Rule 46
Evaluation
No later than three years after the entry into force of this Treaty, the Ministers referred to in Article 45 shall exchange a report on the effectiveness and effects of this Treaty in practice.
Rule 47
Entry into force, validity period, application field,
amendment and denunciation
1. This Treaty comes into force on the first day of the second month following the date of deposit of the last instrument of ratification with the Government of the Grand Duchy of Luxembourg.
2. This Treaty shall be concluded for an indefinite period.
3. With respect to the Kingdom of the Netherlands, this Treaty applies exclusively to the part of the Kingdom in Europe.
4. Each Contracting Party may at any time request an amendment to this Treaty. If such a request is introduced for a Contracting Party, the Contracting Parties shall commence negotiations on the amendment of the Treaty.
5. Each Contracting Party may denounce this Treaty by a written notification to other Contracting Parties. The denunciation comes into force six months after the notification. The Treaty remains in force between the other two Contracting Parties.
Done in Luxembourg on 8 June 2004, in three original copies, in Dutch and French languages, both texts being equally authentic.

Annex 1^re Staff member
For the Kingdom of the Netherlands:
officers assigned to the execution of the police mission referred to in section 3, of the Police Act (Politiewet) of 1993. Officials of the Royal Gendarmerie (Koninklijke Marechaussee) are also concerned to the extent that they are responsible for carrying out missions established by or under the Aliens Act (Vreemdelingenwet) of 2000.
For the Kingdom of Belgium:
An official, duly authorized, when carrying out police missions excluding police officers within the meaning of section 117 of the Act of 7 December 1998 organizing an integrated and structured police service at two levels.
The official within the meaning of Title 3, § 3.4 of this Treaty is also any protection officer as provided for in Article 3, 3 of the Organic Law of Intelligence and Security Services of 30 November 1998.
For the Grand Duchy of Luxembourg:
Members of the careers of the senior executive, the careers of inspectors and the careers of the Grand Ducal Police Brigadiers.

Annex 2: competent authorities and services
For the Kingdom of the Netherlands:
- Article 4, first and third paragraphs: the Minister of the Interior and Relations of the Kingdom;
- Article 6, second paragraph: the Minister of the Interior and Relations of the Kingdom;
- Article 7, second paragraph: the central posts of the border region;
- Article 9, first paragraph: the Minister of the Interior and Relations of the Kingdom;
- Article 10, first paragraph: officials assigned to the execution of the police mission referred to in section 3 of the Police Act (Politiewet) of 1993;
- Article 12: Public servants assigned to the execution of the police mission referred to in section 3 of the Police Act (Politiewet) of 1993;
- Article 14: Korps Landelijke Politie Dienst (KLPD - Corps du Service national de la Police), Dienst Internationale Netwerken (Service des Réseaus internationaux), in Zoetermeer;
Article 15, first and second paragraphs: the Minister of Communications and Waterstaat (Verkeer en Waterstaat) and the Rijksdienst voor het Wegverkeer (National Road Traffic Service);
- Article 15, third paragraph: the Minister of Justice and the Minister of the Interior and Relations of the Kingdom;
- Article 17, third paragraph: the Minister of Justice and the Minister of the Interior and Relations of the Kingdom;
- Article 20: Korps Landelijke Politie Dienst (KLPD - Corps du Service national de la Police), Nationaal Coördinator Bewaken en Beveiligen (Coordinator national de la surveillance et de la sécurité);
- Article 24, second paragraph: the Minister of Justice and the Minister of the Interior and Relations of the Kingdom;
- Article 25: the Minister of Justice, the Minister responsible for the Policy on Aliens and Integration and the Minister of the Interior and the Relations of the Kingdom;
- Article 26, first and third paragraphs: the Minister of Justice, the Minister responsible for the Policy on Aliens and Integration and the Minister of the Interior and Relations of the Kingdom;
- Article 27, second paragraph: the Minister of the Interior and Relations of the Kingdom and the Minister of Justice;
- Article 29, first and third paragraphs: in the context of the maintenance of public order and security and of the general police mission, the village of the commune where the intervention takes place. As part of the maintenance of the legal order in criminal matters, the competent Queen's Prosecutor;
- Article 32, first paragraph: the Minister of the Interior and Relations of the Kingdom;
- Article 33, first paragraph, subparagraph (b): in the context of the maintenance of public order and security and of the general police mission, the village of the commune where the intervention takes place. As part of the maintenance of legal order at the criminal level, the competent Queen's Prosecutor;
- Article 33, fourth and fifth preambular paragraphs: in the context of the maintenance of public order and security and the general police mission, the village of the commune where the intervention takes place. As part of the maintenance of the legal order in criminal matters, the competent Queen's Prosecutor;
- Article 35, first and second paragraphs: in the context of the maintenance of public order and security and of the general police mission, the village of the commune where the intervention takes place. As part of the maintenance of legal order at the criminal level, the competent Queen's Prosecutor;
- Article 36: in the context of the maintenance of public order and security and of the general police mission, the village of the commune where the intervention takes place. As part of the maintenance of public order at the criminal level, the competent Queen's Prosecutor;
- Article 43: the Minister of the Interior and Relations of the Kingdom and the Minister of Justice.
For the Kingdom of Belgium:
Appropriate authorities and services performing police missions in accordance with national law.
For the Grand Duchy of Luxembourg:
Competent authorities and services that carry out police missions in accordance with the Act of 31 May 1999 establishing a large-scale police force and a general police inspection.

Annex 3: Border region
For the Kingdom of the Netherlands:
The border region in the Netherlands covers the geographic area of the following police forces:
- Korps Zeeland
- Korps Midden- West-Brabant
- Korps Brabant Zuid-Oost
- Korps Limburg-Noord
- Korps Limburg Zuid
- Korps Brabant-Noord
For the Kingdom of Belgium:
The entire national territory.
For the Grand Duchy of Luxembourg:
The entire national territory.

Annex 4: Data banks
For the Kingdom of the Netherlands:
A register as referred to in the Police Registry Act (Wet politieregisters).
For the Kingdom of Belgium:
The general national data bank except data subject to judicial authorization in accordance with national legislation.
For the Grand Duchy of Luxembourg:
Data banks accessible to the Grand Ducal Police except data subject to authorization from the judicial authorities in accordance with national legislation.

Related States
For the consultation of the table, see image
This Treaty has not yet entered into force in accordance with Article 47.