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29 AOUT 1997. - An Act to approve the following international acts: 1. Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the movement of trains between Belgium and the United Kingdom using the fixed trans-manche link; 2. Protocol concerning the traffic of unstoppable trains between Belgium and the United Kingdom using the fixed transmanche link; 3. Special agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on safety issues relating to trains using the fixed trans-manche link and circulating between Belgium and the United Kingdom; 4. Protocol on the Establishment of a Tripartite Intergovernmental Committee, signed in Brussels on 15 December 1993 (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 following international acts will come out of their full effect:
1. Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the movement of trains between Belgium and the United Kingdom using the fixed trans-manche link;
2. Protocol concerning the traffic of unstoppable trains between Belgium and the United Kingdom using the fixed transmanche link;
3. Special agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on safety issues relating to trains using the fixed trans-manche link and circulating between Belgium and the United Kingdom;
4. Protocol on the establishment of a tripartite intergovernmental committee, signed in Brussels on 15 December 1993.
Art. 3. It is added to section 31 of the Police Service Act of 5 August 1992 after the third paragraph, a new paragraph which reads as follows:
"The maximum 12-hour retention period is increased to twenty-four hours when the administrative arrest takes place in the defiant control areas in Article 1^er of the Belgo-franco-British Agreement, signed in Brussels on 15 December 1993, concerning the circulation of trains between Belgium and the United Kingdom using the fixed transmanche link. »
Promulgate this Act, order it to be sealed by the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse on 29 August 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Finance and Foreign Trade,
Ph. MAYSTADT
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Session 1995-1996.
Senate.
Parliamentary documents. - Bill tabled on 23 July 1996, No. 1-396/1.
Session 1996-1997.
Parliamentary documents. - Report, no. 1-396/2. - Text adopted in Commission No. 1-396/3.
Annales parliamentarians. - Discussion. Meetings of 19 December 1996 and 9 January 1997. - Vote. Session of 9 January 1997.
Room.
Parliamentary documents. - Project transmitted by the Senate, No. 884/1
Annales parliamentarians. - Discussion. Session of January 22, 1997. - Vote. Session of 23 January 1997.

Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the movement of trains between Belgium and the United Kingdom using the fixed trans-manche link
The Government of the Kingdom of Belgium,
The Government of the French Republic and
The Government of the United Kingdom of Great Britain and Northern Ireland,
hereinafter referred to as "the Contracting Parties",
Considering the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation of a fixed link transmanche by private concessionaire companies, made in Cantorbéry on 12 February 1986 and entered into force on 29 July 1987;
Considering the Protocol between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on border controls and the police, judicial cooperation in criminal matters, civil security and mutual assistance, done at Sangatte on 25 November 1991, which entered into force on 2 August 1993;
Considering the Convention between the French Republic and the Kingdom of Belgium on the controls on the Belgian-French border and the joint and exchange stations, signed in Brussels on 30 March 1962;
Considering 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 relating to the gradual suppression of joint border controls, made at Schengen on 19 June 1990;
Considering the Treaties establishing the European Communities;
Considering that it is necessary to facilitate the movement of trains between Belgium and the United Kingdom using the fixed transmanche link and constantly crossing the French territory on a commercial basis;
Desiring to address all the security, border controls, police, judicial cooperation in criminal matters, civil security and mutual assistance in the territories of the three States concerned;
The following provisions were agreed:
TITLE I. - General provisions
Article 1^er
Definitions
1. "Border Controls" means police, immigration, customs, sanitary, veterinary, phytosanitary controls, related to consumer protection, transportation and other controls provided by national or community laws and regulations.
2. "fixed link" means the transmanche fixed link defined in Article 1 of the Treaty to Cantorbéry on 12 February 1986.
3. "Trailers": means international trains that circulate between the Belgian and British territories, taking the fixed link and crossing the French territory.
4. "Trailings without stopping" means international trains that circulate between Belgian and British territories, taking the fixed and continuous commercial link between French territory, excluding technical stops.
5. "Polices" means persons responsible for the police and border controls under the responsibility of persons or authorities designated in accordance with section 3.2.
6. "Control zone" means the part of the territory of the State of residence and the trains without stopping, area within which the agents of the other States are entitled to perform the controls. Each area of control is defined by mutual agreement between the State of residence and the State whose agents will operate in that area; However, for continuous trains, the control area on French territory will be determined by mutual agreement between the three Governments.
7. "State of residence" means the State in whose territory the controls of other States are carried out.
Article 2
Scope
1. This Agreement applies to rail traffic between the United Kingdom and Belgium via the fixed link and borrowing French territory.
2. The issues of rail traffic safety referred to in the preceding paragraph are subject to special agreements between the three Agreements, without prejudice to the provisions of this Agreement.
3. A Protocol on Border Controls and the Police on Continuous Trains between the United Kingdom and Belgium via the fixed link is annexed to this Agreement and is an integral part of it.
PART II
General authorities and principles of cooperation
Article 3
1. Each Government shall designate the authorities or persons in its territory who have the power to make any decisions regarding the safety of trains.
2. Each Government designates the authorities or persons responsible for the services that, in its territory, have the task of carrying out border controls and policing functions.
3. Each Government shall notify the other Governments of these designations and any amendments thereto, and shall inform the Tripartite Intergovernmental Committee.
Article 4
On board the trains without interruption, British agents can exercise border controls on the Belgian and French territories, and Belgian agents in the British and French territories.
Article 5
It was agreed that border controls on unstoppable trains would in principle be carried out under the sole responsibility of the British and Belgian authorities.
Article 6
The French officers maintain the ability to occasionally carry out police and customs checks while passing the trains on French territory.
Article 7
In the event of a train stop for an unforeseen reason on French territory, passengers who descend from the train must be subject to an entry control by the French authorities.
Article 8
Each Government shall be responsible for the payment or recovery of costs related to its controls.
Article 9
The agents of the three states are allowed to circulate freely on the whole journey between London and Brussels for the needs of the service, on simple justification of their identity and quality.
Article 10
The authorities of the State of residence reserve the right to request the authorities of the other States the reminder of any of their agents.
PART III
Judicial cooperation in criminal matters
Article 11
1. Without prejudice to the application of the provisions of Articles 4 and 14 (2) of the Protocol annexed to this Agreement, where an offence is committed in the territory of one of the State traits, that State is competent.
2. Where the place of commission of this offence cannot be determined, the State of arrival is competent.
Article 12
When an arrest is made on the occasion of an offence for which a State has jurisdiction under Article 11, this arrest is not affected by the fact that it continues its effects on the territory of other States.
Article 13
Persons who, during the train trip, have committed a flagrant crime or offence and have been apprehended, shall, as soon as possible, be surrendered to the competent officials of the State under Article 11.
Article 14
1. In the event of a commission on trains in the territory of a State of one of the following blatant offences: voluntary homicide, rape, voluntary fire, theft under the threat of a firearm, kidnapping and hostage-taking, explosive destruction, the train shall be arrested to allow the competent authorities of that State to take all necessary measures for the investigation, and if necessary to arrest the alleged perpetrator of the offence.
2. If the train cannot be arrested because it is located within the fixed link or is about to leave the territory of the State on which one of the offences referred to in the preceding paragraph has been committed, the authorized agents who are present shall take all necessary precautionary measures in order to allow the agents of the competent State under Article 11, when the train arrives, to collect the evidence, if any
Article 15
1. When a person is arrested under Articles 6, 12, 13 and 14 (2) of this Agreement, his arrest shall be notified promptly to the authorities of the State of arrival. The arrested person may be transferred to the territory of the competent State under Article 11.
2. However, such a transfer must take place within a period of not more than 24 hours from the notification provided in the preceding paragraph. In addition, each State reserves the right not to authorize the transfer of its nationals.
PART IV
Tripartite Intergovernmental Committee
Article 16
1. A tripartite intergovernmental committee is established to deal with, on behalf of the three Contracting Parties, all matters relating to the implementation of this Agreement.
2. The Committee shall be composed of representatives of the Governments of the Contracting Parties duly mandated.
Article 17
1. As part of the competences set out in the preceding article, the Committee shall consider any matter submitted to it by the Contracting Parties concerning the ferrovar link between Belgium and the United Kingdom.
2. In this context, the Committee is consulted in particular on any draft bilateral or trilateral agreement or arrangement between Contracting Parties.
3. With respect to trains flowing between the United Kingdom and Belgium, the Committee ensures that the authorities designated in accordance with Article 3, paragraph 1^er, consult and act in common agreement, except exceptional circumstances.
4. The Committee shall carry out its mission on all matters submitted to it by the Contracting Parties and by the authorities and bodies dependent on them.
Article 18
The Committee shall have not more than fifteen members. Each Government shall designate one third of the members of the Committee. The Presidency shall be held for one year and successively by the head of each delegation. For the purposes of the Committee ' s mission, the Committee may draw on the collaboration of the administrations of each Government and any agency or expert of its choice.
Article 19
Committee meetings are convened at the request of one of the three delegations. The Committee's rules of procedure are mutually agreed upon by the heads of the French, British and Belgian delegation.
PART V
Cooperation between competent authorities
Rule 20
For the implementation of title II, permanent links are established between the competent authorities of the three States which include:
(a) regular coordination meetings between security and border control authorities;
(b) the installation of telecommunications facilities allowing, under any circumstances, links between the respective national authorities;
(c) the possible allocation by each Contracting Party to the authorities of the other two Parties of liaison officers for the purpose and in the manner to be determined by administrative arrangements.
Articie 21
In all cases of exceptional circumstances such as natural disasters, acts of terrorism or armed conflict, or threats of such situations, each Contracting Party, after consultation with other Contracting Parties, if so permitted, may take measures derogating from its obligations arising from this Convention or Additional Agreements.
Article 22
Such measures may include the closure of the railway line. They are proportionate to the requirements of the situation and immediately notified to other Contracting Parties.
Article 23
1. Each State shall waive any action against other States for the repair of damage to its agents or property.
2. The provisions of this article shall in no way affect the rights of third parties under the law of each State.
PART VI
Final provisions
Article 24
In addition to the arrangements provided for in Article 20, the terms and conditions of application of this Agreement and its Protocol may be subject to administrative or technical arrangements between the competent authorities of the three States.
Rule 25
1. Each Contracting Party may request consultations to revise the provisions of this Agreement and its Protocol to adapt them to new circumstances or needs. It may send the depositary a proposal for amendment. The depositary shall transmit this proposal to the other Contracting Parties.
2. The Contracting Parties shall agree to the amendments to this Agreement and its Protocol which shall enter into force after ratification or approval by the three Contracting Parties in accordance with their respective constitutional rules.
Rule 26
All disputes concerning the interpretation or application of this Agreement and its Protocol shall be settled by negotiation between the three Governments.
Rule 27
The provisions of this Agreement and its Protocol shall apply only in the mestire where they are compatible with Community law.
Rule 28
This Agreement and its Protocol shall be subject to ratification or approval. Instruments of ratification or approval will be deposited in the archives of the Government of the Kingdom of Belgium. It shall notify the deposit of the instruments to the Contracting Parties. The Agreement and its Protocol shall enter into force on the first day of the second month following the deposit of the last instrument of ratification or approval.
The Government of the Kingdom of Belgium shall notify the date of entry into force to the Contracting Parties.
In faith, the respective Plenipotentiaries, duly authorized by their Governments, signed the Agreement.
Done in Brussels on 15 December 1993 in three copies, in French, Dutch and English, the three texts being equally authentic.

Protocol concerning the traffic of unstoppable trains between Belgium and the United Kingdom using the fixed transmanche link
Article 1^er
This Protocol applies to the uninterrupted traffic of trains between the United Kingdom and Belgium via the fixed link and borrowing French territory.
Article 2
1. The laws and regulations of a State relating to border controls are applicable in the area of controls located in other States and are implemented by the agents of that State under the same conditions as in their own territory.
2. The agents of each State are subject to the legislation of that State relating to the protection of persons with regard to the automated processing of personal data when using their files and automated processing devices in the control area located in one of the other States.
Article 3
1. Agents of other States may, in the exercise of their national powers, conduct arrests or arrests in the area of control located in the State of residence of persons pursuant to the laws and regulations of their State relating to border controls or persons sought by the authorities of their State, These agents are also allowed to conduct these persons in the territory of their State.
2. However, no one may be detained for more than 24 hours in the premises reserved for border controls, in the State of residence, Such detention shall take place under the conditions and in the manner prescribed by the law of the State of the agents who carried out the arrests or arrests.
Article 4
Offences to the laws and regulations of other States relating to border controls found in the area of controls located in the State of residence are subject to the laws and regulations of these other States, as if these offences were committed in the territory of the latter.
Article 5
1. The border controls of the state of departure are in principle carried out before the arrival state's border controls.
2. These agents of the State of arrival are not allowed to begin conducting such controls before the end of the checks of the State of departure. Any form of renunciation of such controls is assimilated to control.
3. The agents of the State of departure may no longer carry out their checks when the agents of the State of arrival began their own operations, unless the consent of the competent agents of the State of arrival is granted.
4. If, exceptionally, during border controls, the order of operations provided for in paragraph 1^er of this article is amended, the agents of the State of Arrival may not make arrests, arrests or seizures until the border controls of the State of Departure have been completed. In this case, these agents conduct persons, vehicles, goods, animals or other goods, for which the border controls of the State of departure are not yet completed, with the agents of that State. If they want to make arrests, arrests or seizures, they have priority.
Article 6
If the State of arrival refuses the admission of persons, vehicles, animals or goods, or if persons refuse to submit to the border controls of the State of arrival, return or return the vehicles, animals or goods accompanying them, the authorities of the State of departure may not refuse to receive them. However, the authorities of the State of departure may take all measures in respect of them, in accordance with the law applicable in that State and in a manner not imposing any obligations neither to the transit State nor to the State of arrival.
Article 7
1. The provisions of this Protocol concerning the terms and conditions of juxtaposition of border controls, including the extension or reduction of their scope, may be mutually agreed upon by the three Governments in the form of arrangements confirmed by exchange of diplomatic notes.
2. In the event of an emergency, local representatives of interested authorities may agree on a provisional basis to make the necessary amendments to delineate the control areas. The arrangement thus entered into force immediately.
Article 8
The border controls of public uterine are carried out in the area of control located in the State of residence by the competent authorities of the State of arrival, in accordance with the regulations applicable in that State.
Article 9
Where information is used to presume an offence, controls may be carried out on animals, animal products, plants, plant-based products and food for human or animal consumption.
The introduction to the arrival state of pets familiar to the company that accompany non-profit travellers may be subject to controls under the regulations in force.
Article 10
1. The controls mentioned in section 9 include:
(a) examination of certificates or accompanying documents, called documentary control;
(b) physical control, including, where appropriate, sampling;
(c) control of means of transport.
2. These controls may be limited to only documentary control, and physical controls may then be undertaken according to the needs.
Article 11
Veterinary inspection of living animals does not prevent possible quarantine measures imposed by the importing State.
Article 12
Agents of other States may wear their national uniforms or visible distinguishing signs in the State of residence.
Article 13
1. The authorities of the State of residence grant to agents of other States, in the exercise of their functions, the same protection and assistance as to their own agents.
2. The penal provisions in force in the State of residence for the protection of agents in the exercise of their functions are also applicable to punish offences committed against agents of other States in the exercise of their functions.
Article 14
1. Without prejudice to the application of the provisions of Article 23 of the Agreement, claims for compensation for any damage caused or suffered by agents of other States in the exercise of their functions in the State of residence are subject to the right and jurisdiction of the State of which these agents are subject as if the origin of the damage was in that State.
2. Agents of other States may not be prosecuted by the authorities of the State of residence on account of acts performed in the area of controls in the exercise of their functions. They are, in this case, within the jurisdiction of their State, as if these acts had taken place in that State.
3. The judicial or police authorities of the Residence Erat who conduct the registration of the complaints and the finding of the facts relating to them must communicate all the information and evidence to the competent authorities of the State of which the agent concerned for the purpose of possible prosecution according to the legislation in force in that State.
Article 15
1. Agents of other States are allowed to transfer freely to their State the amounts collected on behalf of their Government in the area of controls located in the State of residence, as well as the goods and other goods seized on site.
2. They may also sell these goods or other goods in the State of residence in accordance with the provisions in force in the State of residence, and transfer their products to their own State.
Article 16
The competent authorities of the Kingdom of Belgium and the United Kingdom shall determine, after mutual consultations, their respective requirements for premises, facilities and equipment. When these needs are met by other parties, they are notified to them, if any, through the Tripartite Inter-Agency Committee.
Article 17
The authorities of the Kingdom of Belgium and the United Kingdom make the best efforts to ensure that the authorities of the other party have in the State of residence the premises, the installers and the teams necessary for the accomplishment of their missions.
Article 18
1. The agents of the other States are entitled to ensure good order in the premises assigned to their exclusive use in the State of residence.
2. The agents of the State of residence do not have access to these premises, except at the request of the agents of the State concerned or in accordance with the regulations of the State of residence regulating the entry and investigation in private places.
Article 19
The goods necessary for the fulfilment of the missions of the agents of the other States in the State of residence are exempted from any royalties or fees of entry and exit.
Rule 20
1. Agents of other States exercising their functions in the State of residence are allowed to communicate with their national authorities.
2. To this end, the authorities of the State of residence are dedicated to responding to the requests of the authorities of other States regarding the means of communication necessary for the performance of their functions, and define the conditions of use.

Special agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on safety issues relating to trains using the fixed trans-manche link and circulating between Belgium and the United Kingdom
The Government of the Kingdom of Belgium,
The Government of the French Republic and
The Government of the United Kingdom of Great Britain and Northern Ireland,
Considering the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed transmanche bond signed in Cantorbéry on 12 February 1986;
Considering the Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the movement of trains between Belgium and the United Kingdom using the fixed trans-manche link, below referred to as the Tripartite Agreement, including Article 2, paragraph 2,
The following provisions were agreed:
Article 1^er
1. "fixed link" means the transmanche fixed link defined in Article 1 of the Treaty of 12 February 1986.
2. "Tra trains" means trains defined in section 1^erparagraph 3 of the Tripartite Agreement.
3. "Trilateral Intergovernmental Committee" means the committee established by Article 16 of the Tripartite Agreement.
Article 2
Without prejudice to the application of other international agreements, and in accordance with the law applicable in each State, the responsible authorities and agents of the three States shall cooperate, cooperate and, to the extent possible, act in a concerted manner in the exercise of their duties relating to the safety of trains.
Article 3
As part of this dialogue, the authorities responsible for the three States:
(a) Ensure that train safety is ensured and organized in a satisfactory manner and that responsibilities are properly defined and exercised;
(b) facilitate the review of projects, plans and arrangements for train safety;
(c) ensure that the responsible authorities exchange all information to train safety.
Article 4
The Tripartite Intergovernmental Committee establishes the complementary modalities of the dialogue between the authorities responsible for the three Governments.
Article 5
1. The terms and conditions for the implementation of this Agreement may, as appropriate, be subject to subsequent arrangements between the three Governments.
2. Each Government may at any time request consultations with a view to revising the provisions of this particular Agreement to adapt it to new circumstances or needs.
Article 6
All disputes concerning the interpretation and application of this particular Agreement shall be settled by negotiation between the three Governments.
Article 7
This particular Agreement shall take effect on the date of its signature.
The above provisions represent the Agreement between the three Governments on matters to which they refer.
Done in Brussels on 15 December 1993, in three copies, in the English, French and Dutch language, the three texts being equally authentic.

Protocol on the Establishment of a Tripartite Intergovernmental Committee
The Governments of the Kingdom of Belgium, the French Republic and the United Kingdom of Great Britain and Northern Ireland:
Considering the signing, this day, in Brussels, between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland, of the Agreement concerning the circulation of trains between Belgium and the United Kingdom of Great Britain and Northern Ireland, borrowing the fixed transmanche link ("the Agreement"),
The following provisions were agreed:
1° Notwithstanding the fact that the Agreement will only enter into force on the first day of the second month following the deposit of the last instrument of ratification or approval, the three Governments, pending the entry into force of the Agreement, will establish a Tripartite Intergovernmental Committee. To this end, the three governments will provisionally implement the provisions of Articles 16, 17, 18 and 19 of the Agreement.
2° This Protocol shall enter into force on the date of its signature.
Done in Brussels on 15 December 1993, in three copies, in the English, French and Dutch language, the three texts being equally authentic.

Statement by the Government of the Kingdom of Belgium
On the occasion of the signature:
- the Agreement between the Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium concerning the movement of trains between Belgium and the United Kingdom using the fixed trans-manche link ("the Agreement");
- the Protocol on the Movement of Unstoppable Trains between Belgium and the United Kingdom using the Transmanche Fixed Link ("the Protocol");
- the Particulier Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the Kingdom of Belgium and the Government of the French Republic on safety issues concerning trains taking the fixed transmanche link and circulating between Belgium and the United Kingdom ("Special Agreement") and
- Protocol on the Implementation of the Tripartite Intergovernmental Committee.
The Government of the Kingdom of Belgium reserves to make use of Article 25 of the Agreement and to request the meeting of a diplomatic conference of the three Contracting Parties on the assumption that one of the three Parties would change its attitude to its participation or non-participation in the Schengen Agreements.
The purpose of this diplomatic conference would be to assess the provisions of diplomatic acts signed today in relation to the new situation created in the relations between the three Contracting Parties.
In the current situation, the Government of the Kingdom of Belgium will consider the Brussels terminal station as a point of entry and exit of the territory of the group of countries of Schengen, where the border control measures provided for in the Schengen implementation agreements will be applied.
The Government of the Kingdom of Belgium also wishes to emphasize that the signing of these Agreements does not prejudge the interpretation it gives to Article 7A of the Treaty on the European Union.
In accordance with Article 28 of the Agreement, the Agreement, together with the protocol concerning the linking of the unstoppable trains between Belgium and the United Kingdom using the fixed transmanche link, entered into force on 1^er December 1997.
The special agreement and protocol on the establishment of a tripartite intergovernmental committee entered into force on 15 December 1993.