**Avis juridique important**

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# 42000A0922(04)

**The Schengen acquis - Agreement on the Accession of the Kingdom of Spain 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. 0069 - 0075*

AGREEMENT ON THE ACCESSION OF THE KINGDOM OF SPAIN

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 KINGDOM OF SPAIN, 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 Kingdom of Spain 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 Kingdom of Spain hereby accedes to the 1990 Convention.

Article 2

1. The officers referred to in Article 40(4) of the 1990 Convention as regards the Kingdom of Spain shall be: officers of the Cuerpo Nacional de Policía (national police) and of the Cuerpo de la Guardia Civil in the exercise of their criminal police duties, as well as officials of the Customs Administration, 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 Kingdom of Spain shall be the Dirección General de la Policía (Directorate-General of Police).

Article 3

1. The officers referred to in Article 41(7) of the 1990 Convention as regards the Kingdom of Spain shall be: the officers of the Cuerpo Nacional de Policía and of the Cuerpo de la Guardia Civil in the exercise of their criminal police duties, as well as officials of the Customs Administration, 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 Kingdom of Spain 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 territories.

3. At the time of signing this Agreement, the Government of the Kingdom of Spain shall make a declaration with regard to the Government of the Portuguese Republic defining, on the basis of Article 41(2), (3) and (4) of the 1990 Convention, the procedures for carrying out hot pursuit on Spanish territory.

Article 4

The competent Ministry referred to in Article 65(2) of the 1990 Convention as regards the Kingdom of Spain 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 instruments of ratification, acceptance or approval by the five Signatory States to the 1990 Convention and by the Kingdom of Spain, 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 6

1. The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Kingdom of Spain 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 Spanish 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 Spanish 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

>PIC FILE= "L_2000239EN.007001.TIF">

For the Government of the Federal Republic of Germany

>PIC FILE= "L_2000239EN.007002.TIF">

For the Kingdom of Spain

>PIC FILE= "L_2000239EN.007003.TIF">

For the Government of the French Republic

>PIC FILE= "L_2000239EN.007101.TIF">

For the Government of the Italian Republic

>PIC FILE= "L_2000239EN.007102.TIF">

For the Government of the Grand Duchy of Luxembourg

>PIC FILE= "L_2000239EN.007103.TIF">

For the Government of the Kingdom of the Netherlands

>PIC FILE= "L_2000239EN.007104.TIF">

FINAL ACT

I. At the time of signing the Agreement on the Accession of the Kingdom of Spain 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 Spain 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 Kingdom of Spain 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 Kingdom of Spain 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 Spanish 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 Kingdom of Spain 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 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 between the five Signatory States to the 1990 Convention and the Kingdom of Spain 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 Kingdom of Spain 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.

The Contracting Parties take note that the Government of the Kingdom of Spain undertakes to apply, at the latest at the time of the entry into force of this Agreement, the common visa arrangements in the cases last examined during negotiations on accession to the 1990 Convention.

3. Joint Declaration on data protection

The Contracting Parties note that the Government of the Kingdom of Spain undertakes to take all the necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that Spanish 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.

III. The Contracting Parties have taken note of the following declarations made by the Kingdom of Spain:

1. Declaration on the towns of Ceuta and Melilla

(a) The current controls on goods and travellers entering the customs territory of the European Economic Community from the towns of Ceuta and Melilla shall continue to be performed in accordance with the provisions of Protocol 2 of the Act of Accession of Spain to the European Communities.

(b) The specific arrangements for visa exemptions for local border traffic between Ceuta and Melilla and the Moroccan provinces of Tetuan and Nador shall continue to apply.

(c) Moroccan nationals who are not resident in the provinces of Tetuan or Nador and who wish to enter the territory of the towns of Ceuta and Melilla exclusively shall remain subject to the visa requirement. The validity of these visas shall be limited to these two towns and may permit multiple entries and exits ("visado limitado múltiple") in accordance with the provisions of Article 10(3) and Article 11(1)(a) of the 1990 Convention.

(d) The interests of the other Contracting Parties shall be taken into account when applying these arrangements.

(e) Pursuant to its national law and in order to verify whether passengers still satisfy the conditions laid down in Article 5 of the 1990 Convention on the basis which they were authorised to enter national territory upon passport control at the external border, Spain shall maintain checks (on identity and documents) on sea and air connections departing from Ceuta and Melilla and having as their sole destination any other place on Spanish territory.

To the same end, Spain shall maintain checks on internal flights and on regular ferry connections departing from the towns of Ceuta and Melilla to a destination in another State party to the Convention.

2. Declaration on the application of the European Convention on Mutual Assistance in Criminal Matters and the European Convention on Extradition

The Kingdom of Spain undertakes to refrain from invoking its reservations and declarations made when ratifying the European Convention on Extradition of 13 December 1957 and the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 in so far as they are incompatible with the 1990 Convention.

3. Declaration on Article 121 of the 1990 Convention

The Government of the Kingdom of Spain declares that, except in respect of fresh citrus fruit and palms, 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 Kingdom of Spain declares that it shall conduct a pest risk assessment on fresh citrus fruit and palms 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 Kingdom of Spain.

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

At the time of signing this Agreement, the Kingdom of Spain 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.

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 Spanish 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

>PIC FILE= "L_2000239EN.007401.TIF">

For the Government of the Federal Republic of Germany

>PIC FILE= "L_2000239EN.007402.TIF">

For the Government of the Kingdom of Spain

>PIC FILE= "L_2000239EN.007403.TIF">

For the Government of the French Republic

>PIC FILE= "L_2000239EN.007404.TIF">

For the Government of the Italian Republic

>PIC FILE= "L_2000239EN.007405.TIF">

For the Government of the Grand Duchy of Luxembourg

>PIC FILE= "L_2000239EN.007406.TIF">

For the Government of the Kingdom of the Netherlands

>PIC FILE= "L_2000239EN.007407.TIF">

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 Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Bonn the Agreement on the Accession of the Kingdom of Spain 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 Kingdom of Spain 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.