AGREEMENT ON THE ACCESSION OF THE KINGDOM OF DENMARK

to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the 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", as well as the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria, which acceded to the 1990 Convention by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively,

of the one part,

and the KINGDOM OF DENMARK, of the other part,

Having regard to the signature done at Luxembourg on this nineteenth day of December in the year one thousand nine hundred and ninety-six of the Protocol on the Accession of the Government of the Kingdom of Denmark 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 Protocols on the Accession of the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria, signed on 27 November 1990, 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Kingdom of Denmark hereby accedes to the 1990 Convention.

Article 2

1. At the date of signing this Agreement, the officers referred to in Article 40(4) of the 1990 Convention as regards the Kingdom of Denmark shall be:

(a) Politijenestemaend hos lokale politimestre og hos Rigspolitichefen (police officers working for local Chief Constables and for the Office of the Commissioner of Police;

(b) customs officers, 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. At the date of signing this Agreement, the authority referred to in Article 40(5) of the 1990 Convention as regards the Kingdom of Denmark shall be the Rigspolitichefen (Office of the Commissioner of Police).

Article 3

As the date of signing this Agreement, the officers referred to in Article 41(7) of the 1990 Convention as regards the Kingdom of Denmark shall be:

1. Politijenestemaend hos lokale politimestre og hos Rigspolitichefen (police officers working for local Chief Constables and for the Office of the Commissioner of Police;

2. 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.

Article 4

At the date of signing this Agreement, the competent Ministry referred to in Article 65(2) of the 1990 Convention as regards the Kingdom of Denmark shall be the Justitsministeriet (Ministry of Justice).

Article 5

1. The provisions of this Agreement shall not apply to the Faeroe Islands or to Greenland.

2. Taking into account the fact that the Faeroe Islands and Greenland apply the provisions on the movement of persons laid down within the framework of the Nordic Passport Union, persons travelling between the Faeroe Islands or Greenland, of the one part, and the States parties to the 1990 Convention and the Cooperation Agreement with the Republic of Iceland and the Kingdom of Norway, of the other part, shall not be subject to border checks.

Article 6

The provisions of this Agreement shall not prejudice cooperation within the framework of the Nordic Passport Union, insofar as such cooperation does not conflict with, or impede, the application of this Agreement.

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 States for which the 1990 Convention has entered into force and by the Kingdom of Denmark.

With regard 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, acceptance or approval, provided that this Agreement has entered into force in accordance with the provisions of the preceding subparagraph.

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 Kingdom of Denmark a certified copy of the 1990 Convention in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages.

2. The text of the 1990 Convention drawn up in the Danish 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, Greek, Italian, Portuguese and Spanish languages.

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

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and ninety-six in a single original in the Danish, Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all eight 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 Kingdom of Denmark

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For the Government of the Federal Republic of Germany

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For the Government of the Hellenic Republic

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For the Government of the Kingdom of Spain

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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 Republic of Austria

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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 Kingdom of Denmark 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, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Kingdom of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively, the Government of the Kingdom of Denmark has subscribed to the Final Act, the Minutes and the Joint Declaration by the Ministers and State Secretaries which were signed at the time of signing the 1990 Convention.

The Government of the Kingdom of Denmark 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 Denmark a certified copy of the Final Act, the Minutes and the Joint Declaration by the Ministers and State Secretaries which were signed at the time of signing the 1990 Convention, in the Danish, Dutch, French, German, Greek, Italian, Portuguese and Spanish languages.

II. At the time of signing the Agreement on the Accession of the Kingdom of Denmark 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, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Kingdom of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively, the Contracting Parties have adopted the following Declarations:

1. Joint Declaration on Article 7 of the Accession Agreement

The Contracting Parties 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 be brought into force between the States for which the 1990 Convention has been brought into force and the Kingdom of Denmark when the preconditions for implementation of the 1990 Convention have been fulfilled in all these States and checks at the external borders are effective there, and once the Executive Committee has established that the rules which it deems necessary for the implementation of effective control and surveillance measures at the external borders of the Faroe Islands and Greenland and the necessary compensatory measures, including the implementation of the Schengen Information System (SIS), have been applied and are effective.

With regard to each of the other States, this Accession Agreement shall be brought into force when the preconditions for the implementation of the 1990 Convention have been fulfilled in that State and when 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 Denmark 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 the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition

The States party to the 1990 Convention hereby confirm that Article 5(4) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition between the Member States of the European Union, signed at Dublin on 27 September 1996, and their respective Declarations annexed to the said Convention, shall apply within the framework of the 1990 Convention.

III. The Contracting Parties have taken note of the Declarations by the Kingdom of Denmark on the Agreements on the Accession of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, and the Republic of Austria.

The Government of the Kingdom of Denmark takes note of the contents of the Agreements on the Accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria to the 1990 Convention, signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively, and of the contents of the Final Acts and Declarations annexed to the said Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned instruments to the Government of the Kingdom of Denmark.

Declaration by the Kingdom of Denmark on the Agreements on the Accession of the Republic of Finland and the Kingdom of Sweden to the 1990 Convention

At the time of signing this Agreement, the Kingdom of Denmark takes note of the contents of the Agreements on the Accession of the Republic of Finland and the Kingdom of Sweden to the 1990 Convention and of the contents of the related Final Acts and Declarations.

Done at Luxembourg, this nineteenth day of December in the year one thousand nine hundred and ninety-six in a single original in the Danish, Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all eight 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 Kingdom of Denmark

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For the Government of the Federal Republic of Germany

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For the Government of the Hellenic Republic

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For the Government of the Kingdom of Spain

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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 Republic of Austria

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For the Government of the Portuguese Republic

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DECLARATION BY THE MINISTERS AND STATE SECRETARIES

On the nineteenth day of December in the year one thousand nine hundred and ninety-six, the representatives of the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic signed at Luxembourg the Agreement on the Accession of the Kingdom of Denmark 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, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995 respectively.

They noted that the representative of the Government of the Kingdom of Denmark 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 Governments of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic and the Republic of Austria have also supported.