AGREEMENT ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA

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, and the Hellenic Republic acceded by the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively

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, and the Hellenic Republic, which acceded to the 1990 Convention by the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively,

of the one part,

and the REPUBLIC OF AUSTRIA, of the other part,

Having regard to the signature done at Brussels on this twenty-eighth day of April in the year one thousand nine hundred and ninety-five of the Protocol on the Accession of the Government of the Republic of Austria 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 Government of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Austria hereby accedes to the 1990 Convention.

Article 2

1. The officers referred to in Article 40(4) of the 1990 Convention as regards the Republic of Austria shall be:

(a) the officers of the öffentlicher Sicherheitsdienst (agencies responsible for maintaining public security), namely:

- the officers of the Bundesgendarmerie (Federal gendarmerie),

- the officers of the Bundessicherheitswachekorps (Federal police force under the command of the local Chief of the Federal Police),

- the officers of the Kriminalbeamtenkorps (criminal police),

- the officials of the rechtskundiger Dienst bei Sicherheitsbehörden (legal department attached to the law enforcement authorities), authorised to issue direct orders and execute coercive measures.

(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. The authority referred to in Article 40(5) of the 1990 Convention as regards the Republic of Austria shall be: the Generaldirektion für die öffentliche Sicherheit (Directorate-General for Public Security) at the Federal Ministry of the Interior.

Article 3

The officers referred to in Article 41(7) of the 1990 Convention as regards the Republic of Austria shall be:

1. the officers of the öffentlicher Sicherheitsdienst (agencies responsible for maintaining public security), namely:

- the officers of the Bundesgendarmerie (Federal gendarmerie),

- the officers of the Bundessicherheitswachekorps (Federal police force under the command of the local Chief of the Federal Police),

- the officers of the Kriminalbeamtenkorps (criminal police),

- the officials of the rechtskundige Dienst bei Sicherheitsbehörden (legal department attached to the law enforcement authorities), authorised to issue direct orders and execute coercive measures.

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

The competent Ministry referred to in Article 65(2) of the 1990 Convention as regards the Republic of Austria shall be the Federal 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 States for which the 1990 Convention has entered into force and by the Republic of Austria.

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 6

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Republic of Austria a certified copy of the 1990 Convention 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 Brussels this twenty-eighth day of April in the year one thousand nine hundred and ninety-five in a single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven 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 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 Republic of Austria 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, and the Hellenic Republic acceded by the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively, the Government of the Republic of Austria 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 Republic of Austria 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 Republic of Austria 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 Dutch, French, German, Greek, Italian, Portuguese and Spanish languages.

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

1. Joint Declaration on Article 5 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.

The Accession Agreement shall not be brought into force between the States for which the 1990 Convention has been brought into force and the Republic of Austria until the preconditions for implementation of the 1990 Convention have been fulfilled in all these States and checks at the external borders are effective there.

With regard to each of the other States, this Accession Agreement shall not be brought into force until the preconditions for the implementation of the 1990 Convention have been fulfilled in that State 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 Republic of Austria 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.

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

The Government of the Republic of Austria takes note of the contents of the Agreements on the Accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic to the 1990 Convention, signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 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 Republic of Austria.

Done at Brussels this twenty-eighth day of April in the year one thousand nine hundred and ninety-five in a single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven 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.009502.TIF">

For the Government of the Hellenic Republic

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For the Government of the Kingdom of Spain

>PIC FILE= "L_2000239EN.009504.TIF">

For the Government of the French Republic

>PIC FILE= "L_2000239EN.009601.TIF">

For the Government of the Italian Republic

>PIC FILE= "L_2000239EN.009602.TIF">

For the Government of the Grand Duchy of Luxembourg

>PIC FILE= "L_2000239EN.009603.TIF">

For the Government of the Kingdom of the Netherlands

>PIC FILE= "L_2000239EN.009604.TIF">

For the Government of the Republic of Austria

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For the Government of the Portuguese Republic

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