42000A0922(03)

AGREEMENT ON THE ACCESSION OF THE ITALIAN REPUBLIC

to the Convention implementing 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 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990

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 Convention implementing 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 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, hereinafter referred to as "the 1990 Convention", of the one part,

and the ITALIAN REPUBLIC, of the other part,

Having regard to the signature done at Paris on this twenty-seventh day of November in the year one thousand nine hundred and ninety of the Protocol on the Accession of the Government of the Italian Republic 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 on the gradual abolition of checks at their common borders,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Italian Republic hereby accedes to the 1990 Convention.

Article 2

1. The officers referred to in Article 40(4) of the 1990 Convention as regards the Italian Republic shall be: criminal police officers of the Polizia di Stato (national police) and to the Arma dei Carabinieri, and, with respect to their powers regarding forgery of money, the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste, criminal police officers of the Guardia di Finanza (fiscal police), as well as customs officials, under the conditions laid down in appropriate bilateral agreements referred to in Article 40(6) of the 1990 Convention, with respect to their powers regarding the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste.

2. The authority referred to in Article 40(5) of the 1990 Convention as regards the Italian Republic shall be the Direzione Centrale della Polizia Criminale (Central Directorate of the Criminal Police) at the Ministry of the Interior.

Article 3

1. The officers referred to in Article 41(7) of the 1990 Convention as regards the Italian Republic shall be: criminal police officers of the Polizia di Stato (national police) and the Arma dei Carabinieri, and, with respect to their powers regarding forgery of money, the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste, criminal police officers of the Guardia di Finanza (fiscal police), as well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in Article 41(10) of the 1990 Convention, with respect to their powers regarding the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste.

2. At the time of signing this Agreement, the Government of the French Republic and the Government of the Italian Republic shall each make a declaration defining, on the basis of Article 41(2), (3) and (4) of the 1990 Convention, the procedures for carrying out hot pursuit on their territory.

Article 4

The competent Ministry referred to in Article 65(2) of the 1990 Convention as regards the Italian Republic shall be the Ministry of Justice.

Article 5

1. This Agreement shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Grand Duchy of Luxembourg, which shall notify all the Contracting Parties thereof.

2. This Agreement shall enter into force on the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval, and at the earliest on the date on which the 1990 Convention enters into force.

3. The Government of the Grand Duchy of Luxembourg shall notify each of the Contracting Parties of the date of entry into force.

Article 6

1. The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Italian Republic a certified copy of the 1990 Convention in the Dutch, French and German languages.

2. The text of the 1990 Convention drawn up in the Italian language is annexed to this Agreement and shall be authentic under the same conditions as the original texts of the 1990 Convention drawn up in the Dutch, French and German languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Paris this twenty-seventh day of November in the year one thousand nine hundred and ninety in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

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For the Government of the Federal Republic of Germany

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For the Government of the French Republic

>PIC FILE= "L_2000239EN.006403.TIF">

For the Government of the Italian Republic

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For the Government of the Grand Duchy of Luxembourg

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For the Government of the Kingdom of the Netherlands

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FINAL ACT

I. At the time of signing the Agreement on the Accession of the Italian Republic to the Convention implementing 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 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, the Italian Republic has subscribed to the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the same time as the 1990 Convention.

The Italian Republic has subscribed to the Joint Declarations and has taken note of the unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Italian Republic a certified copy of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the time of signing the 1990 Convention, in the Dutch, French and German languages.

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the time of signing the 1990 Convention, drawn up in the Italian language, are annexed to this Final Act and shall be authentic under the same conditions as the original texts drawn up in the Dutch, French and German languages.

II. At the time of signing the Agreement on the Accession of the Italian Republic to the Convention implementing 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 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, the Contracting Parties have adopted the following Declarations:

1. Joint Declaration on Article 5 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each other of all circumstances that could have a significant bearing on the areas covered by the 1990 Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall not be brought into force until the preconditions for implementation of the 1990 Convention have been fulfilled in all the Signatory States to the Accession Agreement and checks at the external borders are effective.

2. Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Italian Republic to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990 Convention shall be taken to mean the common arrangements applied by the five Signatory Parties to the said Convention since 19 June 1990.

3. Joint Declaration on data protection

The Contracting Parties note that the Government of the Italian Republic undertakes to take all the necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that Italian legislation is supplemented in accordance with the Council of Europe Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data of 28 January 1981 and in accordance with Recommendation No R (87) 15 of 17 September 1987 of the Committee of the Ministers of the Council of Europe regulating the use of personal data in the police sector so as to ensure the full application of the provisions of Articles 117 and 126 of the 1990 Convention and the other provisions of said Convention relating to the protection of personal data, with the aim of achieving a level of protection compatible with the relevant provisions of the 1990 Convention.

Done at Paris this twenty-seventh day of November in the year one thousand nine hundred and ninety in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

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For the Government of the Federal Republic of Germany

>PIC FILE= "L_2000239EN.006702.TIF">

For the Government of the French Republic

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For the Government of the Italian Republic

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For the Government of the Grand Duchy of Luxembourg

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For the Government of the Kingdom of the Netherlands

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JOINT DECLARATION ON ARTICLES 2 AND 3 OF THE AGREEMENT ON THE ACCESSION OF THE ITALIAN REPUBLIC TO THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT OF 14 JUNE 1985

At the time of signing the Agreement on the Accession of the Italian Republic to the Convention implementing 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 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, the Contracting Parties declare that Article 2(1) and Article 3(1) of the said Agreement shall be without prejudice to the powers which the Guardia di Finanza is granted by Italian law and exercises on Italian territory.

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

On the twenty-seventh day of November in the year one thousand nine hundred and ninety, representatives of the Governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Paris the Agreement on the Accession of the Italian Republic to the Convention implementing 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 on the gradual abolition of checks at their common borders, signed at Schengen on 19 June 1990.

They noted that the representative of the Government of the Italian Republic declared support for the Declaration made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing 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 and for the decision confirmed on the same date upon signature of the Convention implementing the Schengen Agreement.