Law Approving 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 Variable

Original Language Title: Loi portant approbation des actes internationaux suivants : 1. Accord entre le Gouvernement du Royaume de Belgique, le Gouvernement de la République française et le Gouvernement du Royaume-Uni de Grande Bretagne et d'Irlande du Nord concernant la circulat

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Posted the: 1999-03-19 Numac: 1999015000 Ministry of Foreign Affairs, international trade and COOPERATION to development 29 August 1997. -Law on the approval of 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 the Belgium and the United Kingdom using the transmanche fixed link; 2. Protocol on the circulation of the trains without stop between the Belgium and the United Kingdom using the transmanche fixed link; 3 special agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of United Kingdom of Great Britain and Northern Ireland relating to the questions of safety on trains using the binding fixed cross-channel and circulating between the Belgium and the United Kingdom; 4. Protocol concerning the placing in place of a tripartite Intergovernmental Committee, signed in Brussels on 15 December 1993 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the following international acts will release their full and complete 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 Ireland from the North concerning the movement of trains between the Belgium and the United Kingdom using the transmanche fixed link;
2. Protocol on the circulation of the trains without stop between Belgium and the United Kingdom using the transmanche fixed 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 relating to the questions of safety on trains using the binding fixed cross-channel and circulating between the Belgium and the United Kingdom;
4. Protocol on the establishment of a tripartite Intergovernmental Committee, signed in Brussels on 15 December 1993.
S. 3 is added to article 31 of the Act of 5 August 1992 on the function of police, after the third preambular paragraph, a new paragraph which reads as follows: "the maximum period of detention of 12 hours is a twenty-four hours when the administrative arrest takes place in areas of control defiinies to in article 1 of the belgo-French-British agreement. signed in Brussels on 15 December 1993, concerning the movement of trains between the Belgium and the United Kingdom using the transmanche fixed link. "Promulgate this Act, order that it be under seal of State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, August 29, 1997.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE. the Minister of the Interior, J. VANDE LANOTTE the Minister of finance and foreign trade, Ph. MAYSTADT the Minister of transport, M.
DAERDEN Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) 1995-1996 Session.
Senate.
Parliamentary papers. -Bill filed on July 23, 1996, no. 1 - 396/1.
1996-1997 session.
Parliamentary papers. -Report, n ° 1-396/2.
-Text adopted in Committee, no 1-396/3.
Parliamentary Annals. -Discussion. Meetings of 19 December 1996 and 9 January 1997. -Vote. Meeting of January 9, 1997.
Room.
Parliamentary papers. -Draft transmitted by the Senate, no. 884/1 parliamentary Annals. -Discussion.
Meeting of January 22, 1997. -Vote. Meeting 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 the Belgium and the United Kingdom using the fixed link channel the Government of 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", whereas the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation of a transmanche fixed link by private concessionaries, made to Canterbury on 12 February 1986 and entered into force on 29 July 1987;
Whereas the Protocol between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland relating to border controls and the police, judicial cooperation in criminal, civil security and mutual assistance made to Sangatte on November 25, 1991, entered into force August 2, 1993;
Whereas the agreement between the French Republic and the Kingdom of Belgium, on to the Belgian border and the common stations and of exchange controls, signed in Brussels on March 30, 1962;
Whereas the Convention implementing the Schengen agreement of 14 June 1985 between the Governments of the States of the Economic Union of Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, made at Schengen on 19 June 1990;
Whereas the treaties establishing the European communities;
Whereas facilitate the movement of trains between the Belgium and the United Kingdom using the transmanche fixed link, crossing without stopping commercial french territory;
Eager to resolve all of the problems that arise in this regard security, border controls, police, judicial cooperation in criminal matters, civil security and mutual assistance within the territories of the three States concerned;
Have agreed upon the following provisions: title I:. -Provisions General Article 1 Definitions 1.
«Border control»: means controls police, immigration, customs, sanitary, veterinary, phytosanitary, relating to the protection of consumers, transport as well as all other checks provided for by national or Community regulations and laws.
2. "permanent link": means the transmanche fixed link defined in article 1 of the Treaty made at Canterbury on 12 February 1986.
3. "trains": means international trains between Belgian and British Territories, using the fixed link, crossing french territory.
4 non-stop trains": means international trains between Belgian and British Territories, using the fixed link, crossing without commercial judgment the french territory, excluding the technical judgments.
5. "agents": means the persons responsible police and border controls under the responsibility of the persons or authorities designated in accordance with article 3.2.
6. "area control": refers to the part of the territory of the State of residence and trains without stop, area within which other States are empowered to carry out checks. Each controls area is bounded by a mutual agreement between the State of residence and the State whose agents operate in the said area; However, for non-stop trains, the controls on the french territory area will be determined by a mutual agreement between the three Governments.
7. "State of residence": means the State on whose territory are carried out the controls from other States.
Article 2 scope 1. This agreement applies to rail traffic between the United Kingdom and Belgium via the fixed link and on the french territory.
2. the safety issues concerning rail traffic referred to in the preceding paragraph are special agreements between the three Governments, without prejudice to the provisions of this agreement.
3. a Protocol on border controls and police on trains without stop between the United Kingdom and Belgium via the fixed link is annexed to this agreement and forms part.
Title II authorities and general principles of cooperation Article 3 1. Each Government shall designate the authorities or persons who, on its territory, have power to take any decision relating to the safety of the trains.
2. each Government means authorities or those responsible for services which, on its territory, have a mission to exercise border controls and law enforcement functions.
3. each Government shall notify the other Governments these designations and all amendments thereto, and shall inform the tripartite Intergovernmental Committee.
Article 4A edge trains without stop, British agents may exercise border controls on Belgian and french territories, and Belgian officers, on British and french territories.
Article 5 it was agreed that the border checks on trains without stop will be in principle carried out under the sole responsibility of the British and Belgian authorities.
Article 6 the french agents shall retain the right to occasionally perform police and customs checks during the passage of trains without stop on the french territory.
Article 7 if stop a train for an unexpected reason on french territory, passengers who are descended from the train shall be subject to control by the French authorities.
Article 8 each Government is responsible for the payment or recovery of the costs of controls that fulfil.

Article 9 the officers of the three States are allowed to circulate freely throughout the journey between London and Brussels for the needs of the service, on simple proof of their identity and their quality.
Article 10 the authorities of the State of stay reserves the right to request the authorities of other States recall one any of their agents.

Title 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, when an offence is committed in the territory of one of the States features, this State is responsible.
2. when the place of commission of the offence cannot be determined, the State of arrival is responsible.
Article 12 when he is made an arrest for an offence for which a State has jurisdiction under article 11, this arrest is not affected by the fact that it is continuing its effects on the territory of other States.
Article 13 persons who, during the train journey, have committed a crime or a flagrant offence and were apprehended, are given as soon as possible to the agents of the competent State under article 11.
Article 14 1. In the case of commission on the trains on the territory of a State by one of the following flagrant offences: homicide, rape, arson, theft under the threat of a weapon to fire, kidnapping and hostage-taking, destruction by explosives, the train must be stopped to enable the competent authorities of that State to take all necessary steps in the investigation, and if necessary to challenge the perpetrator of the offence.
2. If the train can be stopped because it is inside the link, or is about to leave the territory of the State in which any of the offences referred to in the preceding paragraph has been committed, empowered agents who are present must take all precautionary measures in order to allow the agents of the competent State under article 11 during the arrival of the train, to collect testimonies, evidence or clues important to the investigation, and if necessary to put the alleged perpetrator of the offence.

Article 15 1. When a persomie is stopped under articles 6, 12, 13 and 14 (2) of the agreement, his arrest is notified without delay to the authorities of the State of arrival. The arrested person may be transferred within the territory of the competent State under article 11.
2. However, such a transfer must intervene within 24 hours at the latest of the notification provided for in the preceding paragraph. In addition, each State reserves the right not to allow the transfer of its nationals.
Title IV Committee tripartite intergovernmental Article 16 1.
A tripartite Intergovernmental Committee is set up to process, on behalf of the three Contracting Parties, of all matters relating to the implementation of this agreement.
2. the Committee consists of duly authorised representatives of the Governments of the Contracting Parties.
Article 17 1.
Within the powers defined in the preceding article, the Committee examines questions submitted to it by the Contracting Parties concerning the link railway between the Belgium and the United Kingdom.
2. in this context, the Committee is particularly consulted on any draft agreement or bilateral arrangement or trilateral between the Contracting Parties.
3. as regards the trains circulating between the United Kingdom and Belgium, the Committee ensures that the authorities designated in accordance with article 3, paragraph 1, shall consult and act by mutual agreement, save in exceptional circumstances.
4. the Committee shall exercise its mission on all matters referred to it by the Contracting Parties and authorities and bodies depending on them.
Article 18 the Committee comprises more than fifteen members. Each Government shall designate one-third of the members of the Committee. The Presidency is held for a period of one year and then by the head of each delegation.
For the purpose of its mission, the Committee may appeal to the collaboration of the administrations of each Government and any organization or expert of its choice.
Article 19 the Committee meetings shall be convened at the request of one of the three delegations. The rules of procedure of the Committee is established by mutual agreement by the heads of the French, British and Belgian delegation.
Title V Cooperation between competent authorities Article 20 for the implementation of title II, permanent links are established between the competent authorities of the three States which include: a) the regular holding of coordination meetings between the authorities of the security and border controls;
b) the installation of means of telecommunication allowing in all circumstances of the connections between the respective national authorities;
(c) any assignment by each Contracting State to the authorities of the other two Parties, of liaison officers for purposes and in a manner to be determined by administrative arrangements).
Article 21 in all cases of circumstances such as natural disasters, acts of terrorism or armed conflict, or threats of such situations, each Contracting Party, after consultation with the other Contracting Parties, if the situation permits, may take measures derogating from its obligations under this agreement 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 the other Contracting Parties.
Article 23 1.
Each State renounces any action against other States for the repair of the damage caused to its agents or its property.
2. the provisions of this article do affect in any way the rights of third parties under the law of each State.
Title VI final provisions Article 24 in addition to the arrangements provided for in article 20, detailed rules for the application of this agreement and its Protocol will be as necessary of administrative or technical arrangements between the competent authorities of the three States.
Article 25 1. Each Contracting Party may request consultations to revise the provisions of the agreement and its Protocol to fit new needs or circumstances. It may submit to the depositary a proposal for amendment. The depositary shall transmit this proposal to other Contracting Parties.
2. the Contracting Parties stop by mutual agreement to this agreement and its Protocol changes that will come into force after being ratified or approved by the three respective Contracting Parties in accordance with their constitutional rules.
Article 26 all disputes concerning the interpretation or application of this agreement and its Protocol are set by negotiation between the three Governments.
Article 27 the provisions of this agreement and its Protocol are applications in the mestire where they are compatible with Community law.
Article 28 this agreement and its Protocol shall be subject to ratification or approval. The instruments of ratification or approval shall 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 will enter into force 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 the entry into force in the Contracting Parties.
In witness whereof, the respective plenipotentiaries, being duly authorized by their Governments, have signed this agreement.
Done at Brussels, 15 December 1993, in triplicate, in languages, Dutch, French and English, the three texts being equally authentic.

Protocol concerning the circulation of the trains without stop between the Belgium and the United Kingdom using the transmanche fixed link Article 1 this Protocol shall apply to the movement of trains without stopping between the United Kingdom and Belgium via the fixed link and on the french territory.
Article 2 1. The laws and regulations of a State relating to border controls are applicable in the area of controls in other States and are implemented by agents of that State under the same conditions as their own territory.
2. officials of each State are subject to the legislation of that State relating to the protection of individuals with regard to automatic processing of personal data in the use of their files and devices of automated processing in the controls area located in one of the other States.
Section 3(1). Officials of other States may, in the exercise of their national powers, with arrests or arrests in the controls area located in the State of residence of persons in application of the laws and regulations of their State related to border controls or persons sought by the authorities of their State, these agents are also allowed to drive these people on the territory of their State.
2. However, no one can be retained more than 24 hours the premises reserved for border controls, in the State of stay, this retention must take place under the conditions and in the manner provided by the laws of the State of the agents who carried out the arrests or arrests.
Article 4 infringements of laws

and regulations of other States relating to border controls in the controls area located in the State of stay are subject to the laws and regulations of other States, as if these offences had been committed on the territory of the latter.
Article 5(1). Border controls of the State are in principle carried out prior to the border of the State of arrival.
2. these agents of the State of arrival are not allowed to begin such controls before the end of the State of departure controls. Any form of waiver of such controls is equated to a control.
3. the agents of the State can no longer perform their checks when agents of the State of arrival have begun their own operations, unless the consent of the competent officers of the State of arrival is given.
4. If, exceptionally, during border controls, the order of operations provided for in paragraph 1 of the present article is modified, the State of arrival officers can make arrests, arrests or seizures than once border controls of the State completed.
In this case, these agents lead persons, vehicles, goods, animals or other property, for which border controls of the State is not yet completed, from agents of that State. If they want to proceed with arrests, arrests or seizures, they have priority.
Article 6 If the State of arrival refuses admission of persons, vehicles, animals or property, or if people refuse to submit to the border of the State of arrival, return or resume vehicles, animals or goods that accompany them, the authorities of the State of departure may refuse to receive. However the authorities of the State of departure may take all measures in their regard, in accordance with the law applicable in that State in a manner not imposing obligations to the transit State or to the State of arrival.
Article 7 1. The provisions of this Protocol with respect the terms of the juxtaposition of border controls, including the extension or decrease in their scope, can be modified by mutual agreement by the three Governments in the form of arrangements confirmed by Exchange of diplomatic notes.
2. in case of emergency, the local representatives of the interested authorities may by mutual agreement, provisionally, the amendments which may prove necessary delimitation zones of control. Thus reached agreement takes effect immediately.
Article 8 border controls of public jumped sut persons are carried out in the controls area located in the State of stay by the competent authorities of the State of arrival, in accordance with the rules applicable in that State.
Article 9 when bits of information allow to suspect an infringement, checks may be carried out on animals, products of animal origin, plant, the products of plant origin and foodstuffs intended for human or animal consumption.
The introduction into the State of arrival of familiar pets accompanying non-profit travellers may be subject to controls in accordance with the regulations in force.
Article 10 1. The controls referred to in article 9 include: has) examination certificates or documents accompanying, called documentary check;
(b) physical checks, including, where applicable, the taking of samples;
(c) the control of means of transport).
2. these controls can be limited to the only documentary checks, the physical checks may then be undertaken according to the requirements.
Article 11 the veterinary inspection of animals does not possible quarantine imposed by the importing State.
Article 12 other States officers may wear their national uniforms or distinctive signs visible in the State of stay.
Article 13 1. The authorities of the State of residence give officers of other States, in the exercise of their functions, the same protection and assistance to their own agents.
2. the penal provisions in force in the State of residence for the protection of the officers in the performance of their duties are also applicable to repress offences committed against officials 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 damages causes or suffered by agents of the other States in the exercise of their functions in the State of stay are subject to the law and the jurisdiction of the State responsible for these agents as if the cause of the damage was in that State.
2. officers from other States cannot be prosecuted by the authorities of the State of stay at acts in the controls area in the performance of their duties. They are, in this case, the jurisdiction of their State, as if these acts had taken place in that State.
3. the judicial authorities or police of the stay Erat who shall carry out the registration of complaints and the finding of the facts relating to these must communicate all information and evidence to the competent authorities of the State which governs the agent questioned for the purposes of possible prosecution under the laws in force in that State.
Article 15 1. Officials of other States are allowed to transfer freely in their state monies received on behalf of their Government in the controls area located in the State of stay, as well as goods and other property seized on the spot.
2. they can also sell these goods or other property in the State of residence in accordance with the provisions in force in the State of stay and transfer their products in their own State.
Article 16 the competent authorities of the Kingdom of Belgium and the United Kingdom shall determine, after mutual consultations, their respective needs in premises, facilities and equipment. When these needs must be met by other parties, they they are notified, where appropriate, through the tripartite interpouvernemental Committee.
Article 17 of the Kingdom of Belgium and the United Kingdom authorities make the best efforts to provide the authorities of the other party in the State of residence of the premises, the installariolis and the equipelilelits to the accoinplisselilent of their missions.
Section 18 (1). Officials of other States are entitled to ensure good order in the premises assigned to their exclusive use in the State of stay.
2. the agents of the State of residence lacked access to these premises, except at the request of agents of the State concerned or in accordance with the rules of the State of stay governing the entry and investigations in private places.
Article 19 the goods required for the accomplishment of the missions of officials of other States in the State of stay are free of any royalties or rights input and output.
Section 20 (1). Officials of other States exercising their functions in the State of stay are allowed to communicate with their national authorities.
2. at this end, the authorities of the State of stay attach to meet the demands of the authorities of other States relating to the means of communication needed for the discharge of their functions, and define the conditions of use.

Specific 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 relating to the questions of safety on trains using the binding fixed cross-channel and circulating between the Belgium and the United Kingdom the Government of Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland Whereas the Treaty between the French Republic and the United Kingdom of Great Britain and Ireland from the North concerning the construction and operation by private concessionaries of a transmanche fixed link signed at Canterbury on 12 February 1986;
Whereas 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 Ireland from the North concerning the movement of trains between the Belgium and the United Kingdom using the transmanche fixed link, hereinafter referred to as the tripartite agreement, and in particular article 2, paragraph 2, have agreed to the following provisions: Article 1 1. 'Fixed link' means the transmanche fixed link defined in article 1 of the Treaty of February 12, 1986.
2. "trains" means trains as defined in article 1, paragraph 3, of the tripartite agreement.
3. "tripartite Intergovernmental Committee" means the Committee established by article 16 of the tripartite agreement.
Article 2 without prejudice to the application of other international agreements, in accordance with the law applicable in each State, authorities and officials of the three States shall assist each other, cooperate and, as far as possible, act concertedly in the exercise of their duties related to the safety of the trains.
Article 3 in the context of this consultation, the responsible authorities of the three States: has) shall ensure the safety of trains either insured and organized in a satisfactory manner and that responsibilities are properly defined and pursued;

(b) facilitate the review of the projects, plans, and provisions concerning the safety of trains;
(c) to ensure that responsible authorities exchange information lices to the safety of the trains.
Article 4 the tripartite Intergovernmental Committee establishes detailed supplementary s from consultation between the authorities responsible for the three Governments.
Article 5(1). Detailed rules for the application of this agreement may be subject, as appropriate, of subsequent arrangements between the three Governments.
2. each Government may at any time request consultations to revise the provisions of the special agreement to fit new needs or circumstances.
Article 6 all disputes concerning the interpretation and application of this particular agreement are settled by negotiation between the three Governments.
Article 7 this particular agreement takes effect on the date of its signature.
The foregoing provisions represent the agreement between the three Governments on matters to which they relate.
Done at Brussels, December 15, 1993, in three copies, in English, French and Dutch languages, the three texts being equally authentic.

Protocol on the implementation 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: whereas the signature, this day, in Brussels, between the Government of the Kingdom of Belgium and the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland, of the agreement concerning the movement of trains between the Belgium and the United Royautne , borrowing the transmanche fixed link ("the agreement"), have agreed upon the following provisions: 1 ° Notwithstanding the fact that the agreement will enter into force 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, put in place a tripartite Intergovernmental Committee. To this end, the three Governments provisionally implement the provisions of articles 16, 17, 18 and 19 of the agreement.
2 ° the present Protocol shall enter into force on the date of its signature.
Done at Brussels, December 15, 1993, in three copies, in English, French and Dutch languages, 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 Kingdom of Belgium, on the circulation of trains between the Belgium and the United Kingdom using the transmanche fixed link ('the agreement');
-Protocol concerning the circulation of the trains without stop between the Belgium and the United Kingdom using the transmanche fixed link ("the Protocol");
-the particular 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 relating to the questions of safety on the trains taking the transmanche fixed link and circulating between the Belgium and the United Kingdom ("agreement individual") and -the Protocol regarding 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 apply to a diplomatic conference of the three Contracting Parties in the case where one of the three Parties would change his attitude concerning its participation or non-participation in the Schengen Agreement.
The diplomatic conference would be designed to assess the provisions of the signed diplomatic acts so far with regard to the new situation created in the relations between the three Parties.
In the current situation, the Government of the Kingdom of Belgium will consider, for trains circulating non-stop between the United Kingdom and the Belgium, the terminal station of Brussels as a point of entry and exit from the territory of the party of the Schengen countries where border control measures under the Schengen implementation agreements will be applied.
In addition, the Government of the Kingdom of Belgium wishes to stress that the signing of the agreements present prejudge the interpretation it attaches to article 7A of the Treaty on European Union.
In accordance with article 28 of the agreement, it, as well as the Protocol on the binding of the trains without stopping between the Belgium and the United Kingdom using the transmanche fixed link have entered into force on 1 December 1997.
The agreement and the Protocol on the establishment of a tripartite Intergovernmental Committee are entered into force on December 15, 1993.

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