42000A0922(05)

The Schengen acquis - Agreement on the Accession of the Portuguese 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, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990

Official Journal L 239 , 22/09/2000 P. 0076 - 0082

AGREEMENT ON THE ACCESSION OF THE PORTUGUESE 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, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 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", as well as the Italian Republic, which acceded to the 1990 Convention by the Agreement signed at Paris on 27 November 1990, of the one part,

and the PORTUGUESE REPUBLIC, of the other part,

Having regard to the signature done at Bonn on this twenty-fifth day of June in the year one thousand nine hundred and ninety-one of the Protocol on the Accession of the Government of the Portuguese 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, as amended by the Protocol on the Accession of the Government of the Italian Republic signed at Paris on 27 November 1990,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Portuguese 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 Portuguese Republic shall be: the members of the Polícia Judiciária (Criminal Police), as well as customs officers in their capacity as auxiliary officers of the Public Prosecutor's Office, 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 Portuguese Republic shall be the Direccão geral de la Polícia Judiciária (Directorate-General of the Criminal Police).

Article 3

1. The officers referred to in Article 41(7) of the 1990 Convention as regards the Portuguese Republic shall be: the members of the Polícia Judiciária, as well as customs officers in their capacity as auxiliary officers of the Public Prosecutor's Office, 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 Portuguese Republic shall make a declaration with regard to the Government of the Kingdom of Spain defining, on the basis of Article 41(2), (3) and (4) of the 1990 Convention, the procedures for carrying out hot pursuit on Portuguese territory.

Article 4

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

Article 5

For the purposes of extradition between the Contracting Parties to the 1990 Convention, paragraph (c) of the declaration made by the Portuguese Republic concerning Article 1 of the European Convention on Extradition of 13 December 1957 shall be interpreted as follows:

The Portuguese Republic shall not grant the extradition of persons wanted for an offence punishable by a life sentence or detention order for life. Nevertheless, extradition will be granted where the requesting State gives assurances that it will encourage, in accordance with its law and practice regarding the carrying out of sentences, the application of any measures of clemency to which the person whose extradition is requested might be entitled.

Article 6

For the purposes of mutual assistance in criminal matters between the Contracting Parties to the 1990 Convention, the Portuguese Republic shall not refuse requests on the grounds that the offences giving rise to the request are punishable by a life sentence or detention order for life under the law of the requesting State.

Article 7

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 instruments of ratification, acceptance or approval by the five Signatory States to the 1990 Convention and by the Portuguese Republic, and at the earliest on the day on which the 1990 Convention enters into force. With regard to the Italian Republic, this Agreement shall enter into force on the first day of the second month following the deposit of its instrument of ratification, acceptance or approval, and at the earliest on the day on which this Agreement enters into force between the other Contracting Parties.

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

Article 8

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

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

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

Done at Bonn this twenty-fifth day of June in the year one thousand nine hundred and ninety-one in a single original in the Dutch, French, German, Italian and Portuguese languages, all five 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

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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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For the Government of the Portuguese Republic

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FINAL ACT

I. At the time of signing the Agreement on the Accession of the Portuguese 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, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, the Portuguese 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 Portuguese 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 Portuguese 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, German and Italian 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 Portuguese language, are annexed to this Final Act and shall be authentic under the same conditions as the texts drawn up in the Dutch, French, German and Italian languages.

II. At the time of signing the Agreement on the Accession of the Portuguese 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, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, the Contracting Parties have adopted the following Declarations:

1. Joint Declaration on Article 7 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 between the five Signatory States to the 1990 Convention and the Portuguese Republic until the preconditions for implementation of the 1990 Convention have been fulfilled in these six States and checks at the external borders are effective there. With regard to the Italian Republic, this Accession Agreement shall not be brought into force until the preconditions for the implementation of the 1990 Convention have been fulfilled in the Signatory States to the said Agreement and checks at the external borders are effective there.

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 Portuguese 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 Signatory Parties to the said Convention since 19 June 1990.

3. Joint Declaration on data protection

The Contracting Parties take note that a law on the protection of personal data subject to automatic processing was published by the Portuguese Republic on 29 April 1991.

The Contracting Parties note that the Government of the Portuguese Republic undertakes to take all the necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that Portuguese legislation is supplemented so as to ensure the full application of all the provisions of the Convention of 1990 relating to the protection of personal data.

III. The Contracting Parties have taken note of the following declarations made by the Portuguese Republic:

1. Declaration on Brazilian nationals entering Portugal under the Visa Waiver Agreement between Portugal and Brazil of 9 August 1960

The Government of the Portuguese Republic undertakes to readmit to its territory Brazilian nationals who, having entered the territories of the Contracting Parties via Portugal under the Visa Waiver Agreement between Portugal and Brazil, are intercepted in the territories of the Contracting Parties after the period referred to in Article 20(1) of the 1990 Convention has expired.

The Government of the Portuguese Republic undertakes to admit Brazilian nationals only in so far as they fulfil the conditions laid down in Article 5 of the 1990 Convention and to take all steps to ensure that their travel documents are stamped when they cross the external borders.

2. Declaration on the European Convention on Mutual Assistance in Criminal Matters

The Government of the Portuguese Republic undertakes to ratify the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and the Additional Protocol thereto before the 1990 Convention enters into force for Portugal.

3. Declaration on the Missile Technology Control Regime

For the purposes of applying Article 123 of the 1990 Convention, the Government of the Portuguese Republic undertakes to join the Missile Technology Control Regime, as formulated on 16 April 1987, as soon as possible and at the latest upon the entry into force of the 1990 Convention for Portugal.

4. Declaration on Article 121 of the 1990 Convention

The Government of the Portuguese Republic declares that, except in respect of fresh citrus fruit, it shall apply the simplification of plant-health checks and requirements referred to in Article 121 of the 1990 Convention from the date of signature of the Agreement on Accession to the 1990 Convention.

The Government of the Portuguese Republic declares that it shall conduct a pest risk assessment on fresh citrus fruit before 1 January 1992, which, if it reveals a risk of harmful organisms being introduced or propagated, may, where appropriate, justify the derogation provided for in Article 121(2) of the 1990 Convention after the entry into force of the said Agreement on the Accession of the Portuguese Republic.

5. Declaration on the Agreement on the Accession of the Portuguese Republic to the 1990 Convention

At the time of signing this Agreement, the Portuguese Republic takes note of the contents of the Agreement on the Accession of the Portuguese Republic to the 1990 Convention and the related Final Act and Declaration.

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

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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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For the Government of the Portuguese Republic

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DECLARATION OF THE MINISTERS AND STATE SECRETARIES

On the twenty-fifth day of June in the year one thousand nine hundred and ninety-one, the 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, the Kingdom of the Netherlands and the Portuguese Republic signed at Bonn the Agreement on the Accession of the Portuguese 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, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990.

They noted that the representative of the Government of the Portuguese 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, which Declaration and decision the Government of the Italian Republic has also supported.