Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Law No. 2003-1368 of 31 December 2003 authorising the approval of the Treaty between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the implementation of border controls at sea ports of The English Channel and the North Sea of the two countries;
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments undertaken by France,
Décrète:
The Treaty between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Concerning the implementation of border controls in the maritime ports of the Channel and the North Sea of the two countries, signed at Le Touquet on 4 February 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each be responsible for the execution of the present Decree, which will be published in the Official Journal of the French Republic.
T R A I T É
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE UNITED KINGDOM OF GRANDE-BRETAGNE AND NORTHERN IRELAND ON THE IMPLEMENTATION OF FRONTALIERS CONTROLS IN MARITIME PORTS OF THE NORTH OF TWO COUNTRIES
The Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland have agreed on the following provisions:
TITLE I
GENERAL PROVISIONS
Article 1
1. The Contracting Parties shall, within the framework of this Treaty, take the necessary measures to facilitate the exercise of border controls in the maritime ports of the Channel and the North Sea situated in the territory of the other Part.
2. To this end, the parties may establish national control offices juxtaposed in the control areas of the maritime ports of the English Channel and the North Sea of the two countries. Consequently, they allow the officers of each State to carry out their duties in the territory of the other State, under this Treaty.
3. The designation of seaports under this Treaty, and the establishment, modification or withdrawal of offices, control zones and restricted zones in the seaports of each State shall be determined by the authorities Of the two countries.
4. The arrangements provided for in paragraph 3 shall be initially limited to the exercise of border controls by the immigration authorities of each State in the maritime ports in
. The arrangements provided for in paragraph 3, to the extent that they concern bodies of juxtaposed controls expressly authorised to carry out border control missions under an international agreement, shall be confirmed by The exchange of diplomatic notes, except in case of immediate operational need. These will enter into force, as the case may be, at the end of the completion of the formalities laid down in the national law of each State. Where there is an operational need, local representatives of the relevant authorities may agree to temporarily implement the amendments to the delimitation of the necessary control areas. Any such arrangement will immediately enter into force and be recorded in writing.
Article 2
In this Treaty, the expression:
a) " Border control " Is the application by The signatory parties, within the control zone, of all legal and regulatory provisions relating to immigration controls and
. Starting State " Means the State in whose territory the Control of the other state is performed.
c) " Arrival State " Refers to the other state.
d) " Control Fields " Designate the part of the territory of the State of departure in which the agents stationed in the State of arrival are entitled to exercise the Controls.
e) " Restricted zones " Designate the port spaces of the Channel and the North Sea of each State subject to special security
. Acting agents " Identify the officers charged by each government Border controls.
g) " Offices " Designate the juxtaposed national control offices, including control booths and other facilities directly used for control missions.
(h) " Seaports " Refer to Commercial ports of the English Channel and the North Sea of the two countries from which people travel by sea to the other State.
Article 3
1. Within the area of control, each government allows the other state to act on its territory in accordance with its border control powers.
2. The regulation of the state of arrival in respect of border controls is applicable in the control area as in its own territory. This regulation is enforced by agents of the state of arrival in the same way and with the same consequences as in their own State.
3. Infringements of the rules relating to the border controls of the state of arrival found in the zone of control of the State of departure are sanctioned by the law of the state of arrival as if they had been committed on this Territory.
4. When an offence of another nature is committed in the control area of the State of departure, that State is competent.
Article 4
1. The immigration checks carried out by the authorities of the State of departure are intended to verify that the person may leave the territory of that State.
2. The immigration checks carried out by the authorities of the State of Arrival are intended to verify that persons leaving the State of departure fulfil the conditions and obligations in respect of border control fixed by the State of arrival and May be allowed to travel to the destination state.
3. The authorities of the State of departure and the authorities of the State of arrival shall carry out their checks in accordance with this Treaty, their laws and regulations and the international commitments to which they are
. The controls referred to in the preceding paragraphs shall not interfere with the customs and security controls performed by the State of departure.
Article 5
1. The agents of the State of arrival shall not arrest and detain for examination in the area of control persons who are the subject of an examination for the purpose of immigration controls or those concerning which they exist Reasonable grounds to suspect that they have committed an act in breach of the border control regulations. In order to do so, the agents of the State of arrival responsible for the checks may call upon the assistance of agents of the State of arrival belonging to investigating authorities. They are also allowed to drive such persons to the territory of the State of arrival.
2. However, except in exceptional circumstances, no one shall be detained for more than twenty-four hours in the premises reserved, in the State of departure, at the border controls of the State of arrival. Such retention shall take place in accordance with the terms and conditions laid down in the legislation of the State of arrival.
3. In exceptional circumstances, the 24-hour period may be extended for a further period of twenty-four hours under the conditions laid down in the legislation of the State of arrival. This extension of the retention period will be notified to the authorities of the starting state.
Article 6
1. All border checks of the state of departure must be carried out before the checks of the state of
. The agents stationed in the state of arrival are not entitled to start these checks before the end of the checks of the state of departure. Any form of waiver of such controls will be considered a control.
3. The authorities of the state of departure can no longer carry out their control once the agents in the state of arrival have started their control operations. Exceptionally, exit control operations can be resumed with the consent of the agents in the state of arrival.
4. In the event of an amendment during the checks of the order provided for in paragraphs 1 to 3 above for practical reasons, officials in the State of arrival may make arrests only at the end of the checks of the State of departure. If the agents of the state of arrival wish to take such measures, they must present the persons concerned to the agents in the position of the State of departure, so that they carry out the exit checks. The latter have priority if they wish to make arrests.
5. Exceptionally, border controls may be carried out by the State of arrival in the seaport on its own territory where such checks have not been possible in the State of departure.
Article 7
If people are denied entry by the state of arrival or if people decide not to submit to the border controls of the state of arrival, the authorities of the state of departure cannot refuse The return to their territory of these persons. The authorities of the State of departure may, however, take measures in this respect, in accordance with their national law and without imposing obligations on the other State.
Article 8
1. Subject to the application of other international agreements, and in accordance with the applicable national law, the authorities of both States shall, as far as possible, cooperate, assist each other and coordinate their activities, in carrying out Their obligations concerning the operation of the offices, in particular as regards:
a) respective border controls;
b) Prevention and detection of infringements of the legal and regulatory provisions of each State Relating to border controls;
(c) The exchange of information that may be useful in fulfilling their obligations;
(d) The investigation of immigration offences.
2. On the request of the agents stationed in the State of arrival, the competent authorities of the State of departure interview witnesses and experts, conduct investigations and transmit the results of the investigations. Such assistance shall be limited to offences relating to border controls committed and incorporated in the control area and recorded during or immediately after their commission.
Article 9
When an individual issues an asylum application or requests any other form of protection under international law or the national law of the State of departure in the course of a check carried out in the State of departure by the agents in place of The State of arrival, the application shall be examined by the authorities of the State of departure in accordance with the national procedure of that State.
The same provisions shall apply where the request is made after the completion of the formalities of such a Control and prior to the ship's departure. When the application is made after the ship's departure, the ship is examined by the state of arrival in accordance with its national law.
TITLE II
AGENTS
Article 10
1. Each government appoints officers from among the authorities or persons on its territory who are responsible for the exercise of border controls.
2. Each government informs the other of such identifiers and any changes to them.
3. The authorities of the State of departure shall grant the officers of the State of arrival the same protection and assistance in the performance of their duties as those conferred on their agents.
4. The provisions of criminal law relating to the protection of agents during the exercise of their mission in force in the State of departure are in the same way applicable to the punishment of crimes and offences committed against officials in the State of departure Of arrival during the course of their mission.
5. The provisions of criminal law in force in the State of arrival, relating to the protection of its employees and their property, are applicable in the area of control.
Article 11
On-reserve Provisions of paragraphs 2 and 3 of Article 14, the schemes provided for by the laws of the State of departure in the field of civil and criminal law shall apply to agents in the State of arrival.
Article 12
1. Officers of the State of arrival to which they are called to carry out their duties in the area of control pursuant to this Treaty shall be entitled to cross the border and to travel to their place of work by justifying their Identity and title to official documents.
2. The competent authorities of the State of departure reserve the right to request the authorities of the State of arrival to recall certain agents.
Article 13
Agents posted to the State of arrival To carry out their duties in the State of departure pursuant to this Treaty may carry their national uniform or a visible distinctive symbol.
They may, in the area of control, carry their weapons of service. The port and use of these weapons will be regulated in a separate agreement between the parties.
Article 14
1. Officers in the State of Arrival are exclusively responsible to the authorities under whose command they are placed with regard to their official activities, reports and discipline.
2. Requests for compensation for damage or damage caused in the State of departure by or to agents of the State of arrival in the performance of their duties shall be subject to the law and shall be subject to the jurisdiction of the courts of the State of arrival, as Whether the facts that led to the request had occurred in that State.
3. Agents of the State of arrival may be prosecuted by the authorities of the State of departure for any offence not committed in the performance of their duties.
4. Offences committed in the performance of their duties and in the area of control cannot be prosecuted by the authorities of the State of
. The judicial authorities or the police of the State of departure having made the registration of the complaint or meeting the facts concerning it shall communicate all the information and documents held by them to the competent authorities of the other State, in order to To institute proceedings in accordance with the national law in force of that State.
Article 15
Agents of the State of Arrival which, pursuant to this Treaty, exercise Their duties in the State of departure must, in the light of conditions relating to their domicile, regularise their status with the competent authorities in accordance with the provisions relating to the stay of foreign nationals.
TITLE III
OFFICES
Article 16
1. The competent authorities shall determine by mutual agreement the installations, the service units and the equipment necessary for the implementation in the areas of control of the exercise of border controls. The responsibility for the establishment of the facilities, the service units and the equipment is the responsibility of the State of departure. The requests made by the State of arrival concerning installations are limited to the strict necessary for the effective exercise of their functions.
2. The authorities of the State of arrival may use in the State of departure the units of service, facilities and equipment necessary for the performance of their mission. The hours of service and the allocation of offices shall be determined by mutual agreement of the two competent authorities.
Article 17
Office space for the office of the State of arrival shall be Identifiable by the official inscriptions and insignia of this state.
Article 18
Agents posted to the state of arrival are responsible for maintaining the discipline in the premises allocated to them Exclusive use and expulsion of persons responsible for serious disturbances. They may, where appropriate, request the assistance of agents of the State of departure for this purpose.
Article 19
Unless otherwise agreed by mutual agreement by the competent authorities, The prohibitions or restrictions on imports and exports do not apply to the goods necessary for the proper functioning of the offices or property that the agents of the State of arrival request during their service in the State of Departure.
This also applies to private service vehicles that are used by employees in the performance of their duties in the State of departure or for their movements between their home and place of work.
Article 20
1. The State of departure allows the installation of the telephones necessary for the proper functioning of the offices of the State of arrival in the State of departure, their connection to the corresponding facilities of the State of arrival and the exchange of communications Direct with these offices. These communications are deemed to be internal communications to the arrival state.
2. The governments of both States agree to grant, for the same purposes and to the extent possible, any installation relating to the use of other means of
. In addition, the two states' regulations on the construction and use of communication facilities apply.
4. The State of departure also allows the installation and use of these installations and the use of the computer installations necessary for the proper functioning of the offices of the State of arrival in the State of departure, their connection to the The corresponding computer installations of the state of arrival, as well as the exchange of direct communications between installations exclusively reserved for the service. Electronic communications are deemed to be internal communications to the receiving State.
5. The State of arrival is finally authorised to use electronic coding schemes and software in the State of departure in order to ensure the proper functioning of the facilities of the state of arrival used and their communication with them. The aforementioned installations of the State of arrival.
Article 21
The letters and service packages and the goods entering and leaving the offices of the state of arrival may be transported by the Posts in that State without being entrusted to the postal services. These packages must be sent under the official seal of the service concerned.
TITLE IV
FINAL PROVISIONS
Article 22
1. The procedures for the implementation of this Treaty may be subject to technical or administrative agreements between the competent authorities of both States.
2. Any dispute relating to the interpretation or application of this Treaty shall be settled by negotiation between the two governments.
Article 23
1. Each signatory party may terminate the arrangements provided for in Article 1 (paragraph 3) within the time limits and conditions under an agreement between the competent authorities by exchange of
. The signatory parties may, by exchange of notes, make the amendments to this Treaty as they deem necessary. However, the provisions of this paragraph shall not apply to the provisions of this Treaty which, by virtue of the constitutional provisions of the States, require the approval of the legislative authorities for their
. Each government may at any time request the opening of consultations in order to revise, in the light of new circumstances or new needs, the provisions of this Treaty.
Article 24
Each Contracting Party reserves the right to take any action necessary to safeguard its sovereignty or security.
Article 25
1. Each Party shall inform the other of the completion of the internal procedures required for the entry into force of this Treaty, which shall enter into force on the first day of the second month following receipt of the last notification.
2. This Treaty shall be concluded for an unlimited period and each party may terminate it at any time by notifying the other in writing by diplomatic means, which shall take effect two years after the date of such notification
Which the undersigned, duly authorized to that effect by their respective governments, have signed this Treaty.
Done at Le Touquet, on February 4, 2003, in two copies, in the English and French languages, both texts being equally authentic.
For the Government
of the French Republic:
Nicolas Sarkozy
Minister of the Interior,
of internal security
and local freedoms
For the Government
the United Kingdom
of Britain
and Northern Ireland:
David Blunkett
Secretary at Home Office
Done at Paris, February 6, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
