3 AVRIL 1997. An Act to grant the following international acts:
- Protocol of accession of the Government of the Republic of Austria to the Agreement 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 the border controls signed at Schengen on 14 June 1985, as amended by the Protocols relating to the accession of the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic,
- Agreement of accession of the Republic of Austria to the Convention of application of the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, of the Federal Republic of Germany and of the French Republic relating to the gradual removal of the controls to the common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, respectively signed on 27 June 1990, (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers have adopted and We are convinced that:
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. Protocol of accession of the Government of the Republic of Austria to the Agreement 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 the controls at the common borders signed at Schengen on 14 June 1985, as amended by the Protocols relating to the accession of the Governments of the Italian Republic, the Kingdom of Spain and the Hellenic Republic, on 27 November 1992,
2. Agreement of accession of the Republic of Austria to the Convention of application 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 removal of the controls to the common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, respectively, signed the 27 November 1990 Agreement.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 3, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Finance,
Ph. MAYSTADT
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Agreement of accession of the Republic of Austria to the Convention of application 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 removal of the controls to the common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, respectively, signed the 27 November 1990 Agreement
The Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, the Parties to the Schengen Agreement Implementation Convention of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, respectively, on the gradual removal of the controls to the common borders of Schengen on 19 June 1990,
on the one hand,
and the Republic of Austria, on the other hand,
In regard to the signature, intervened in Brussels on the twenty-eightth of April, nine hundred and four twenty-five, of the Protocol of accession of the Governor of the Republic of Austria to 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, respectively, concerning the gradual suppression of the controls at the common borders, as amended by the 1991 Protocols
Based on Article 140 of the 1990 Convention, have agreed as follows:
Article 1
By this Agreement, the Republic of Austria accedes to the 1990 Convention.
Article 2
1. The agents referred to in Article 40, paragraph 4, of the 1990 Convention are in respect of the Republic of Austria:
(a) the organs of the öffentliche Sicherheitsdienst, namely:
- the officers of the Bundesgendarmerie,
- the agents of the Bundessicherheidswachekorps,
- Kriminalbeamtenkorps agents,
- the agents of the rechtskundige Dienst bei Sicherheitsbehörden, entitled to give direct orders and to exercise restraint.
(b) Customs officers, under the conditions defined in appropriate bilateral arrangements within the meaning of Article 40, paragraph 6, of the 1990 Convention, with regard to their competence in the areas of illicit trafficking in narcotic drugs and psychotropic substances, weapons and explosives, as well as the illicit transport of toxic and nuisable wastes.
2. The authority referred to in Article 40, paragraph 5, of the 1990 Convention is with respect to the Republic of Austria: Generaldirektion für die öffentliche Sicherheit im Bundesministerium für Inneres.
Article 3
The officers referred to in Article 41, paragraph 7, of the 1990 Convention are, with respect to the Republic of Austria:
1. the organs of the öffentliche Sicherheitsdienst, namely:
- the officers of the Bundesgendarmerie,
- Bundessicherheitswachekorps agents,
- Kriminalbeamtenkorps agents,
- the agents of the rechtskundige Dienst bei Sicherheidsbehörden, entitled to direct orders and to exercise restraint.
2. Customs officers, subject to the conditions defined in appropriate bilateral arrangements within the meaning of Article 41, paragraph 10, of the 1990 Convention with regard to their competence in the areas of illicit trafficking in narcotic drugs and psychotropic substances, weapons and explosives, as well as the illicit transport of toxic and harmful wastes.
Article 4
The competent minister referred to in article 65, paragraph 2, of the 1990 Convention is, with respect to the Republic of Austria: the Federal Ministry of Justice.
Article 5
1. This Agreement shall be subject to ratification, approval or acceptance. Instruments of ratification, approval or acceptance shall be deposited with the Government of the Grand Duchy of Luxembourg; it shall notify all Contracting Parties of the deposit.
2. This Agreement shall enter into force on the first day of the second month following the deposit of instruments of ratification, approval or acceptance by the States for which the 1990 Convention has entered into force and by the Republic of Austria.
With respect to other States, this Agreement shall enter into force on the first day of the second month following the deposit of their instruments of ratification, approval or acceptance, provided that this Agreement has entered into force in accordance with the provisions of the preceding paragraph.
3. The Government of the Grand Duchy of Luxembourg shall notify the date of entry into force to each Contracting Party.
Article 6
The Government of the Grand Duchy of Luxembourg gives the Government of the Republic of Austria a certified copy of the 1990 Convention in German, Spanish, French, Greek, Italian, Dutch and Portuguese.
In faith, the undersigned, duly authorized to do so, filed their signatures at the bottom of this Agreement.
Done in Brussels, the twenty-eightth of April nine hundred and ninety-five, in German, Spanish, French, Greek, Italian, Dutch and Portuguese, the seven texts being equally authentic, in an original copy which will be deposited in the archives of the Government of the Grand Duchy of Luxembourg, which will give a certified copy to each of the Contracting Parties.
For the Government of the Kingdom of Belgium
For the Government of the Federal Republic of Germany
For the Government of the Hellenic Republic
For the Government of the Kingdom of Spain
For the Government of the French Republic
For the Government of the Italian Republic
For the Government of the Grand Duchy of Luxembourg
For the Government of the Kingdom of the Netherlands
For the Government of the Republic of Austria
For the Government of the Portuguese Republic
Final Act
I. At the time of the signing of the Agreement of accession of the Republic of Austria to the Convention of application of the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, of the Federal Republic of Germany and of the French Republic relating to the gradual suppression of the joint border controls, signed at Schengen on 19 June 1990, to which the Italian Republic, the Hellenic Republic of Spain and the
The Government of the Republic of Austria endorses the Joint Declarations and takes our unilateral declarations that they contain.
The Government of the Grand Duchy of Luxembourg gives the Government of the Republic of Austria a certified copy of the Final Act, the Minutes and the Joint Declaration of Ministers and Secretaries of State signed at the time of the signing of the 1990 Convention in German, Spanish, French, Greek, Italian, Dutch and Portuguese.
II. At the time of the signing of the Agreement of accession of the Republic of Austria to the Convention of application 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 the joint border controls, signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic respectively adopted the following
1. Joint declaration concerning Article 5 of the Agreement of Accession.
The Contracting Parties shall, prior to the entry into force of the Agreement of Accession, in each circumstance that is of importance to the substances covered by the 1990 Convention and to the implementation of the Agreement of Accession.
This Agreement of Accession shall not be in force between the States for which the 1990 Convention is in force and the Republic of Austria only when the prerequisites for the implementation of the 1990 Convention are fulfilled in all those States and the controls at the external borders will be effective there.
With respect to each of the other States, this Agreement of Accession will be implemented only when the prerequisites for the implementation of the 1990 Convention are fulfilled in that State and the controls at the external frontiers will be effective.
2. Joint declaration concerning article 9, paragraph 2, of the 1990 Convention.
The Contracting Parties specify that, at the time of the signing of the Agreement on Accession of the Republic of Austria to the 1990 Convention, the common visa regime referred to in Article 9, paragraph 2, of the 1990 Convention shall be the common regime to the Parties signatories to the Convention applied from 19 June 1990.
III. The Contracting Parties take note of the Declaration of the Republic of Austria on the Agreements of Accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Republic of Portugal, and the Hellenic Republic.
The Government of the Republic of Austria takes note of the content of the Agreements relating to the accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and of the Hellenic Republic to the 1990 Convention, signed respectively on 27 November 1990, 25 June 1991 and 6 November 1992, as well as of the contents of the Final Acts and the Declarations annexed to the Agreements.
The Government of the Grand Duchy of Luxembourg will issue a certified copy of the above-mentioned instruments to the Government of the Republic of Austria.
Done in Brussels, the twenty-eightth of April nine hundred and ninety-five, in German, Spanish, French, Greek, Italian, Dutch and Portuguese, the seven texts being equally authentic, in an original copy which will be deposited in the archives of the Government of the Grand Duchy of Luxembourg, which will give a certified copy to each of the Contracting Parties.
For the Government of the Kingdom of Belgium
For the Government of the Federal Republic of Germany
For the Government of the Hellenic Republic
For the Government of the Kingdom of Spain
For the Government of the French Republic
For the Government of the Italian Republic
For the Government of the Grand Duchy of Luxembourg
For the Government of the Kingdom of the Netherlands
For the Government of the Republic of Austria
For the Government of the Portuguese Republic
Protocol of accession of the Government of the Republic of Austria to the Agreement 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 the controls at the common borders signed at Schengen on 14 June 1985, as amended by the Protocols relating to the accession of the Governments of the Italian Republic, the Kingdom of Spain and the Hellenic Republic, respectively,
The Governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, Parties to the Agreement concerning the phasing out of the Common Border Controls, signed at Schengen on 14 June 1985, below referred to as the "Agreement", as well as the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and of the Hellenic Republic, signed the
and the Government of the Republic of Austria, on the other hand,
Considering the progress already made within the European Union to ensure the free movement of people, goods and services,
Taking note of what the Government of the Republic of Austria shares the desire to achieve the removal of controls at the internal borders in the movement of persons and to facilitate the transport and movement of goods and services,
agreed that:
Article 1
By this Protocol, the Government of the Republic of Austria adheres to the Agreement as amended by the Protocols relating to the accession of the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, signed respectively on 27 November 1990, on 25 June 1991, and on 6 November 1992.
Article 2
In Article 1 of the Agreement, the words "of the Republic of Austria" are added after the words "of the Kingdom of the Netherlands".
Article 3
In Article 8 of the Agreement, the words "of the Republic of Austria" are added after the words "of the Kingdom of the Netherlands".
Article 4
1. This Protocol shall be signed without reservation of ratification or approval or subject to ratification or approval.
2. This Protocol shall enter into force on the first day of the second month following the date on which the Governments of the States for which the Agreement entered into force and the Government of the Republic of Austria expressed their consent to be bound by this Protocol.
In respect of other States, this Protocol shall enter into force on the first day of the second month following the date on which each of these States has expressed their consent to be bound by this Protocol, provided that this Protocol has entered into force in accordance with the provisions of the preceding paragraph.
3. The Government of the Grand Duchy of Luxembourg is depositary of this Protocol; it shall issue a certified copy to each of the other signatory Governments. It also notify them of the effective date.
Article 5
The Government of the Grand Duchy of Luxembourg gives the Government of the Republic of Austria a certified copy of the Agreement in German, Spanish, French, Greek, Italian, Dutch and Portuguese languages.
In faith, duly authorized undersigned to do so, opposed their signatures at the bottom of this Protocol.
Done in Brussels, the twenty-eightth of April nine hundred and ninety-five, in German, Spanish, French, Greek, Italian, Dutch and Portuguese, the seven texts being equally authentic.
For the Government of the Kingdom of Belgium
For the Government of the Federal Republic of Germany
For the Government of the Hellenic Republic
For the Government of the Kingdom of Spain
For the Government of the French Republic
For the Government of the Italian Republic
For the Government of the Grand Duchy of Luxembourg
For the Government of the Kingdom of the Netherlands
For the Government of the Republic of Austria
For the Government of the Portuguese Republic.
PROTOCOLE: BRUXELLES ON 28 AVRIL 1995
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