TITLE 3

Police and security

Chapter 1

Police co-operation

Article 39

  1. The Contracting Parties undertake to ensure that their police authorities shall, in compliance with national legislation and within the limits of their responsibilities, assist each other for the purposes of preventing and detecting criminal offences, insofar as national law does not stipulate that the request is to be made to the legal authorities and provided the request or the implementation thereof does not involve the application of coercive measures by the requested Contracting Party. Where the requested police authorities do not have jurisdiction to implement a request, they shall forward it to the competent authorities.

  2. The written information provided by the requested Contracting Party under paragraph 1 may not be used by the requesting Contracting Party as evidence of the criminal offence other than with the agreement of the relevant legal authorities of the requested Contracting Party.

  3. Requests for assistance referred to in paragraph 1 and the replies to such requests may be exchanged between the central bodies responsible in each Contracting Party for international police co-operation. Where the request cannot be made in good time by the above procedure, it may be addressed by the police authorities of the requesting Contracting Party directly to the competent authorities of the requested Party, which may reply directly. In such cases, the requesting police authority shall as soon as possible inform the central body responsible in the requested Contracting Party for international police co-operation of its direct application.

  4. In border regions, co-operation may be covered by arrangements between the responsible Ministers of the Contracting Parties.

  5. The provisions of this Article shall not preclude more detailed present or future bilateral agreements between Contracting Parties with a common border. The Contracting Parties shall inform each other of such agreements.

Article 40

  1. Police officers of one of the Contracting Parties who, within the framework of a criminal investigation, are keeping under observation in their country, a person who is presumed to have taken part in a criminal offence to which extradition may apply, shall be authorized to continue their observation in the territory of another Contracting Party where the latter has authorized cross-border observation in response to a request for assistance which has previously been submitted. Conditions may be attached to the authorization.

    On request, the observation will be entrusted to officers of the Contracting Party in whose territory it is carried out.

    The request, for assistance referred to in the first subparagraph must be sent to an authority designated by each of the Contracting Parties and having jurisdiction to grant or to forward the requested authorization.

  2. Where, for particularly urgent reasons, prior authorization of the other Contracting Party cannot be requested, the officers conducting the observation shall be authorized to continue beyond the border the observation of a person presumed to have committed offences listed in paragraph 7, provided that the following conditions are met:

    (a) the authorities of the Contracting Party designated under paragraph 5, in whose territory the observation is to be continued, must be notified immediately, during the observation, that the border has been crossed;

    (b) a request for assistance submitted in accordance with paragraph 1 and outlining the grounds for crossing the border without prior authorization shall be submitted without delay.

    Observation shall cease as soon as the Contracting Party in whose territory it is taking place so requests, following the notification referred to in (a) or the request referred to in (b) or where authorization has not been obtained five hours after the border was crossed.

  3. The observation referred to in paragraphs 1and 2shall be carried out only under the following general conditions:

    (a) The officers conducting the observation must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions of the local responsible authorities.

    (b) Except in the situations provided for in paragraph 2, the officers shall, during the observation, carry a document certifying that authorization has been granted.

    (c) The officers conducting the observation must be able at all times to provide proof that they are acting in an official capacity.

    (d) The officers conducting the observation may carry their service weapons during the observation save where specifically otherwise decided by the requested party; their use shall be prohibited save in cases of legitimate self-defence.

    (e) Entry into private homes and places not accessible to the public shall be prohibited.

    (f) The officers conducting the observation may neither challenge nor arrest the person under observation.

    (g) All operations shall be the subject of a report to the authorities of the Contracting Party in whose territory they took place; the officers conducting the observation may be required to appear in person.

    (h) The authorities of the Contracting Party from which the observing officers have come shall, when requested by the authorities of the Contracting Party in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

  4. The officers referred to in paragraphs 1 and 2 shall be:
  5. The authority referred to in paragraphs 1 and 2 shall be:
  6. The Contracting Parties may, at bilateral level, extend the scope of this Article and adopt additional measures in implementation thereof.

  7. The observation referred to in paragraph 2 may take place only for one of the following criminal offences:

Article 41

  1. Officers of one of the Contracting Parties following, in their country, an individual apprehended in the act of committing one of the offences referred to in paragraph 4 or participating in one of those offences, shall be authorized to continue pursuit in the territory of another Contracting Party without prior authorization where given the particular urgency of the situation it was not possible to notify the competent authorities of the other Contracting Party by one of the means provided for in Article 44 prior to entry into that territory or where these authorities have been unable to reach the scene in time to take over the pursuit.

    The same shall apply where the person pursued has escaped from provisional custody or while serving a custodial sentence.

    The pursuing officers shall, not later than when they cross the border, contact the competent authorities of the Contracting Party in whose territory the pursuit is to take place. The pursuit will cease as soon as the Contracting Party on the territory of which the pursuit is taking place so requests. AL the request of the pursuing officers, the competent local authorities shall challenge the pursued person so as to establish his identity or to arrest him.

  2. The pursuit shall be carried out in accordance with one of the following procedures, defined by the declaration provided for in paragraph 9:

    (a) The pursuing officers shall not have the right to apprehend.

    (b) If no request to cease the pursuit is made and if the competent local authorities are unable to intervene quickly enough, the pursuing officers may apprehend the person pursued until the officers of the Contracting Party in the territory of which the pursuit is taking place, who must be informed without delay, are able to establish his identity or arrest him.

  3. Pursuit shall be carried out in accordance with paragraphs 1 and 2 in one of the following ways as defined by the declaration provided for in paragraph 9:

    (a) in an area or during a period as from the crossing of the border, to be established in the declaration;

    (b) without limit in space or time.

  4. In a declaration referred to in paragraph 9, the Contracting Parties shall define the offenses referred to in paragraph 1 in accordance with one of the following procedures:

    (a) The following offences:

    (b) Extraditable offenses.

  5. Pursuit shall be subject to the following general conditions:

    (a) The pursuing officers must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions of the competent local authorities.

    (b) Pursuit shall be solely over land borders.

    (c) Entry into private homes and places not accessible to the public shall be prohibited.

    (d) The pursuing officers shall be easily identifiable, either by their uniform or by means of an armband or by accessories fitted to their vehicle; the use of civilian clothes combined with the use of unmarked vehicles without the aforementioned identification is prohibited; the pursuing officers must at all times be able to prove that they are acting in an official capacity.

    (e) The pursuing officers may carry their service weapons; their use shall be prohibited save in cases of legitimate self-defence.

    (f) Once the pursued person has been apprehended as provided for in paragraph 2fb1, for the purpose of bringing him before the competent local authorities he may be subjected only to a security search; handcuffs may be used during his transfer; objects carried by the pursued person may be seized.

    (g) After each operation mentioned in paragraphs 1, 2 and 3, the pursuing officers shall present themselves before the local competent authorities of the Contracting Party in whose territory they were operating and shall give an account of their mission; at the request of those authorities, they must remain at their disposal until the circumstances of their action have been adequately elucidated; this condition shall apply even where the pursuit has not resulted in the arrest of the pursued person.

    (h) The authorities of the Contracting Party from which the pursuing officers have come shall, when requested by the authorities of the Contracting Party in whose territory the pursuit took place assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

  6. A person who, following the action provided for in paragraph 2, has been arrested by the competent local authorities may, whatever his nationality, be held for questioning. The relevant rules of national law shall apply by analogy.

    If the person is not a national of the Contracting Party in the territory of which he was arrested, he shall be released no later than six hours after his arrest, not including the hours between midnight and 9.00 in the morning, unless the competent local authorities have previously received a request for his provisional arrest for the purposes of extradition in any form whatever.

  7. The officers referred to in the previous paragraphs shall be:
  8. This Article shall be without prejudice, where the Contracting Parties are concerned, to Article 27 of the Benelux Treaty of 27 June 1962 on Extradition and Mutual Assistance in Criminal Matters as amended by the Protocol of 11 May 1974;

  9. On signing this Convention, each Contracting Party shall make a declaration in which it shall define, on the basis of paragraphs 2, 3 and 4 above, the procedures for implementing pursuit in its territory for each of the Contracting Parties with which it has a common border.

    A Contracting Party may at any moment replace its declaration by another declaration, provided the latter does not, restrict the scope of the former.

    Each declaration shall be made after consultations with each of the Contracting Parties concerned and with a view to obtaining equivalent arrangements on both sides of internal borders.

  10. The Contracting Parties may, on a bilateral basis, extend the scope of paragraph 1 and adopt additional provisions in implementation of this Article.

Article 42

During the operations referred to in Articles 40 and 41, officers operating on the territory of another Contracting Party shall be regarded as officers of that Party with respect to offences committed against them or by them.

Article 43

  1. Where, in accordance with Articles 40 and 41 of this Convention, officers of a Contracting Party are operating in the territory of another Contracting Party, the first Contracting Party shall be responsible for any damage caused by them during the course of their mission, in accordance with the law of the Contracting Party in whose territory they are operating.

  2. The Contracting Party in whose territory the damage referred to in paragraph 1 is caused shall repair such damage under the conditions applicable to damage caused by its own officers.

  3. The Contracting Party whose officers have caused damage to whomsoever in the territory of another Contracting Party shall reimburse in full to the latter any sums it has paid out to the victims or other entitled persons.

  4. Without prejudice to the exercise of its rights vis-a-vis third parties and without prejudice to paragraph 3, each Contracting Party shall refrain, in the case provided for in paragraph 1, from requesting reimbursement of the amount of the damages it has sustained from another Contracting Party.

Article 44

  1. In accordance with the relevant international agreements and account being taken of local circumstances and the technical possibilities, the Contracting Parties shall set up, in particular in border areas, telephone, radio, and telex lines and other direct links to facilitate police and customs co-operation, in particular for the transmission of information in good time for the purposes of cross-border observation and pursuit.

  2. In addition to these short-term measures, they will in particular examine the following possibilites:

    (a) the exchange of equipment or the assignment of liaison officials provided with appropriate radio equipment;

    (b) the widening of the frequency bands used in border areas;

    (c) the establishment of a common link for police and customs services operating in these same areas;

    (d) co-ordination of their programmes for the procurement of communications equipment, with a view to achieving the introduction of standardized compatible communications systems.

Article 45

  1. The Contracting Parties undertake to take the measures required to guarantee that. :

    (a) the managers of establishments providing lodging or their employees ensure that aliens accommodated therein, including nationals of the other Contracting Parties as well as those of other Member States of the European Communities, with the exception of accompanying spouses or minors or members of travel groups, personally complete and sign declaration forms and confirm their identity by the production of a valid identity document;

    (b) the declaration forms thus completed will be kept for the competent authorities or forwarded to them where such authorities deem this necessary for the prevention of threats, for criminal proceedings or to ascertain what has happened to persons who have disappeared or who have been the victim of an accident, save where national law provides otherwise.

  2. Paragraph 1 shall apply by analogy to persons staying in any accommodation provided by professional lessors, in particular tents, caravans and boats.

Article 46

  1. In particular cases, each Contracting Party may, in compliance with its national legislation and without being asked, send the Contracting Party concerned any information which may be of interest to it in helping prevent future crime and to prevent offences against or threats to public order and security.

  2. Information shall be exchanged, without prejudice to the arrangements for co-operation in border areas referred to in Article 39l4), through a central body to be designated. In particularly urgent cases, the exchange of information within the meaning of this Article may take place directly between the police authorities concerned, save where national provisions provide otherwise. The central body shall be informed of this as soon as possible.

Article 47

  1. The Contracting Parties may conclude bilateral agreements providing for the secondment, for a specified or unspecified period, of liaison officers from one Contracting Party to the police authorities of the other Contracting Party.

  2. The secondment of liaison officers for a specified or unspecified period is intended to promote and to accelerate co-operation between the Contracting Parties, particularly by providing assistance.

    (a) in the form of the exchange of information for the purposes of fighting crime by means both of prevention and of punishment,

    (b) in complying with requests for mutual police assistance and legal assistance in criminal matters;

    (c) for the purposes of missions carried out by the authorities responsible for the surveillance of external borders.

  3. Liaison officers shall have the task of giving advice and assistance. They shall not be competent to take independent police action. They shall supply information and perform their duties in accordance with the instructions given to them by the Contracting Party of origin and by the Contracting Party to which they are seconded. They shall make report regularly to the head of the police service to which they are seconded.

  4. The Contracting Parties may agree within a bilateral or multilateral framework that liaison officers from a Contracting Party seconded to third States shall also represent the interests of one or more other Contracting Parties. Under such agreements, liaison officers seconded to third States shall supply information to other Contracting Parties when requested to do so or on their own initiative and shall, within the limits of their powers, perform duties on behalf of such Parties. The Contracting Parties shall inform one another of their intentions as regards the secondment of liaison officers to third States.

Chapter 2

Mutual assistance in criminal matters

Article 48

  1. The provisions of this Chapter are intended to supplement the European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters as well as, in relations between the Contracting Parties which are members of the Benelux Economic Union, Chapter II of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, and to facilitate the implementation of these agreements.

  2. Paragraph 1 shall not affect the application of the broader provisions of the bilateral agreements in force between the Contracting Parties.

      Article 49

      Mutual assistance shall also be afforded:

      (a) in proceedings brought by the administrative authorities in respect of offences which are punishable in one of the two Contracting Parties or in both Contracting Parties by virtue of being infringements of the rules of law, where the decision may give rise to proceedings before a criminal court;

      (b) in proceedings for compensation in respect of unjustified prosecution or conviction;

      (c) in proceedings in non-contentious matters;

      (d) in civil proceedings joined to criminal proceedings, as long as the criminal court has not yet given a final ruling in the criminal proceedings;

      (e) to communicate legal statements relating to the execution of a sentence or measure, the imposition of a fine or the payment of costs or proceedings;

      (f) in respect of measures relating to the suspension of delivery of a sentence or measure, conditional release or the postponement or suspension of execution of a sentence or measure.

    Article 50

  3. The Contracting Parties undertake to afford each other, in accordance with the Convention and the Treaty referred to in Article 48, mutual assistance as regards infringements of their rules of law with respect to excise duty, value added tax and customs duties. Customs provisions are the rules laid down in Article 2 of the Convention of 7 September 1967 between Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands on mutual assistance between customs administrations, as well as Article 2 of Council Regulation (EEC) No 1468/81 of 19 May 1981.

  4. Requests based on evasion of excise duties may not be rejected on the grounds that the country requested does not levy excise duties on the goods referred to in the request.

  5. The requesting Contracting Party shall not forward or use information or evidence obtained from the requested Contracting Party for enquiries, proceedings or procedures other than those referred to in its request, without the prior assent of the requested Contracting Party.

  6. The mutual assistance provided for in this Article may be refused where the alleged amount of duty underpaid or evaded is no more than ECU 25000 or where the presumed value of the goods exported or imported without authorization is no more than ECU 100000, unless, given the circumstances or the identity of the accused, the case is deemed to be extremely serious by the requesting Contracting Party.

  7. The provisions of this Article shall also apply when the mutual assistance requested concerns infringements punishable only by a fine as infringements of the rules of law in proceedings brought by the administrative authorities, where the request for assistance emanates from a judicial authority.

Article 51

The Contracting Parties may not make the admissibility of letters rogatory for search or seizure dependent on conditions other than the following:

(a) the offence giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a custodial sentence or a security measure restricting liberty of a maximum of at least six months or is punishable under the law of one of the two Contracting Parties by an equivalent penalty and under the law of the other Contracting Party as an infringement of the regulations which is prosecuted by the administrative authorities where the decision may give rise to proceedings before a criminal court.

(b) execution of the letters rogatory is consistent with the law of the requested Contracting Party.

Article 52

  1. Each Contracting Party may address procedural documents directly by post to persons who are in the territory of another Contracting Party. The Contracting Parties shall send the Executive Committee a list of the documents which may be forwarded in this way.

  2. Where there is reason to believe that the addressee does not understand the language in which the document is drafted, the document - or at least the important passages in it - must be translated into (one of) the language(s) of the Contracting Party in the territory of which the addressee is staying. If the authority forwarding the document knows that the addressee speaks only another language, the document - or at least the important passages thereof - must be translated into that other language.

  3. An expert or witness who has failed to answer a summons to appear, sent to him by post, shall not, even if the summons contains a notice of penalty, be subjected to any punishment or measure of restraint, unless subsequently he voluntarily enters the territory of the requesting Party and is there again duly summoned. The authority sending a summons to appear by post shall ensure that it does not involve penalties. This provision shall be without prejudice to Article 34 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962 as amended by the Protocol of 11 May 1974.

  4. If the offence on which the request for assistance is based is punishable under the law of both Contracting Parties as an infringement of the regulations which is being prosecuted by the administrative authorities where the decision may give rise to proceedings before a criminal court, the procedure outlined in paragraph 1 must in principle be used for the forwarding of procedural documents.

  5. Notwithstanding paragraph 1, procedural documents may be forwarded through the legal authorities of the requested Contracting Party where the addressee's address is unknown or where the requesting Contracting Party requires a formal service.

Article 53

  1. Requests for assistance may be made directly between legal authorities and returned through the same channels.

  2. Paragraph 1 shall not prejudice the possibility of requests being sent and returned between Ministries of Justice or through the intermediary of national central offices of the International Criminal Police Organization.

  3. Requests for the temporary transfer or transit of persons provisionally under arrest or detained or who are the subject of a measure depriving them of their liberty, and the periodic or occasional exchange of data from the judicial records must be effected through the Ministries of Justice.

  4. Within the meaning of the European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters, Ministry of Justice means, where the Federal Republic of Germany is concerned, the Federal Minister of Justice and the Justice Ministers or Senators of the Federal States.

  5. Information laid with a view to proceedings in respect of infringements of the legislation on driving and rest time, in accordance with Article 21 of the European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters or with Article 42 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, may be sent by the legal authorities of the requesting Contracting Party directly to the legal authorities of the requested Contracting Party.

Chapter 3

Application of the Non bis in idem principle

Article 54

A person who has been finally judged by a Contracting Party may not be prosecuted by another Contracting Party for the same offences provided that, where he is sentenced, the sentence has been served or is currently being served or can no longer be carried out under the sentencing laws of the Contracting Party.

Article 55

  1. A Contracting Party may, when ratifying, accepting or approving this Convention, declare that it is not bound by Article 54 in one or more of the following cases:

    (a) where the acts to which the foreign judgment relates took place in whole or in part in its own territory; in the latter case, this exception shall not however apply if the acts took place in part in the territory of the Contracting Party where the judgment was given;

    (b) where the acts to which the foreign judgment relates constitute an offence against State security or other equally essential interests of that Contracting Party;

    (c) where the acts to which the foreign judgment relates were committed by an official of that Contracting Party in violation of the obligations of his office.

  2. A Contracting Party which has made a declaration regarding the exception referred to in paragraph 1(b) shall specify the categories of offences to which this exception may apply.

  3. A Contracting Party may at any moment withdraw a declaration relating to one or more of the exceptions referred to in paragraph 1.

  4. The exceptions which were the subject of a declaration under paragraph 1 shall not apply where the Contracting Party concerned has, in respect of the same acts, requested the other Contracting Party to prosecute or has granted the extradition of the person concerned.

Article 56

If further proceedings are brought by a Contracting Party against a person who has been finally judged for the same offences by another Contracting Party, any period of deprivation of liberty served on the territory of the latter Contracting Party on account of the offences in question must be deducted from any sentence handed down. Account will also be taken, to the extent that national legislation permits, of sentences other than periods of imprisonment already undergone.

Article 57

  1. Where a Contracting Party accuses an individual of an offence and the competent authorities of that Contracting Party have reason to believe that the accusation relates to the same offences as those for which the individual has already been finally judged by another Contracting Party, these authorities shall, if they deem it necessary, request the relevant information from the competent authorities of the Contracting Party in whose territory judgment has already been delivered.

  2. The information requested shall be provided as soon as possible and shall be taken into consideration as regards further action to be taken in the proceedings in progress.

  3. At the time of ratification, acceptance or approval of this Convention, each Contracting Party will nominate the authorities which will be authorized to request and receive the information provided for in this Article.

Article 58

The above provisions shall not preclude the application of wider national provisions on the "non bis in idem" effect attached to legal decisions taken abroad.

Chapter 4

Extradition

Article 59

  1. The provisions of this Chapter are intended to supplement the European Convention of 13 September 1957 on Extradition as well as, in relations between the Contracting Parties which are members of the Benelux Economic Union, Chapter I of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, and to facilitate the implementation of these agreements.

  2. Paragraph 1 shall not affect the application of the broader provisions of the bilateral agreements in force between Contracting Parties.

Article 60

In relations between two Contracting Parties, one of which is not a party to the European Convention on Extradition of 13 September 1957, the provisions of the said Convention shall apply, subject to the reservations and declarations made at the time of ratifying this Convention or, for Contracting Parties which are not parties to the Convention, at the time of ratifying, approving or accepting the present Convention.

Article 61

The French Republic undertakes to extradite, at the request of one of the Contracting Parties, persons against whom proceedings are being taken for offences punishable under French law by deprivation of liberty or under a detention order for a maximum period of at least two years and under the law of the requesting Contracting Party by deprivation of liberty or under a detention order for a maximum period of at least a year.

Article 62

  1. As regards interruption of prescription, only the provisions of the requesting Contracting Party shall apply.

  2. An amnesty granted by the requested Contracting Party shall not prevent extradition unless the offence falls within the jurisdiction of that Contracting Party.

  3. The absence of a charge or an official notice authorizing proceedings, necessary only under the legislation of the requested Contracting Party, shall not affect the obligation to extradite.

Article 63

The Contracting Parties undertake, in accordance with the Convention and the Treaty referred to in Article 54, to extradite between themselves persons being prosecuted by the legal authorities of the requesting Contracting Party for one of the offences referred to in Article 50(1), or being sought by them for the purposes of execution of a sentence or detention order imposed in respect of such an offence.

Article 64

A report included in the Schengen Information System in accordance with Article 95 shall have the same force as a request for provisional arrest under Article 16 of the European Convention on Extradition of 13 September 1957 or Article 15 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974.

Article 65

  1. Without prejudice to the option to use the diplomatic channel, requests for extradition and transit shall be sent by the relevant Ministry of the requesting Contracting Party to the relevant Ministry of the requested Contracting Party.

  2. The relevant Ministries shall be:

Article 66

  1. If the extradition of a wanted person is not obviously prohibited under the laws of the requested Contracting Party, that Contracting Party may authorize extradition without formal extradition proceedings, provided that the wanted person agrees thereto in a statement made before a member of the judiciary after being examined by the latter and informed of his right to formal extradition proceedings. The wanted person may have access to a lawyer during such examination.

  2. In cases of extradition under paragraph 1, a wanted person who explicitly states that he will not invoke the rule of speciality may not revoke that statement.

Chapter 5

Transfer of the execution of criminal judgments

Article 67

The following provisions shall apply between the Contracting Parties who are parties to the Council of Europe Convention of 21 March 1983 on the Transfer of Sentenced Persons, for the purposes of supplementing that Convention.

Article 68

  1. The Contracting Party in whose territory a sentence of deprivation of liberty or a detention order has been imposed in a judgment which has obtained the force of res judicata in respect of a national of another Contracting Party who, by escaping to his own country, has avoided the execution of that sentence or detention order, may request the latter Contracting Party, if the escaped person is in its territory, to take over the execution of the sentence or of the detention order.

  2. The requested Contracting Party may, at the request of the requesting Contracting Party, prior to the arrival of the documents supporting the request that the execution of the sentence or of the detention order or part of the sentence be taken over, and prior to the decision on that request, take the convicted person into police custody or take other measures to ensure that he remains in the territory of the requested Contracting Party.

Article 69

The transfer of execution under Article 68 shall not require the consent of the person on whom the sentence or the detention order has been imposed. The other provisions of the Council of Europe Convention of 21 March 1983 on the Transfer of Sentenced Persons shall apply by analogy.

Chapter 6

Narcotic drugs

Article 70

  1. The Contracting Parties shall set up a permanent working party to examine common problems relating to the combating of offences involving narcotic drugs and to draw up proposals, where necessary, to improve the practical and technical aspects of co-operation between the Contracting Parties. The working party shall submit its proposals to the Executive Committee.

  2. The working party referred to in paragraph 1, the members of which are nominated by the relevant national authorities, shall include representatives of the police and of the customs authorities.

Article 71

  1. The Contracting Parties undertake as regards the direct or indirect sale of narcotic drugs and psychotropic substances of whatever type, including cannabis, and the possession of such products and substances for sale or export, to take, in compliance with the existing United Nations Conventions (+), all measures necessary for the prevention and punishment of the illicit traffic in narcotic drugs and psychotropic substances.

  2. The Contracting Parties undertake to prevent and to punish by administrative and penal measures the illegal export of narcotic drugs and psychotropic substances, including cannabis, as well as the sale, supply and handling of such products and substances, without prejudice to the relevant provisions of Articles 74, 75 and 76.

  3. To combat the illegal importation of narcotic drugs and psychotropic substances, including cannabis, the Contracting Parties shall strengthen the checks on the movement of persons and goods and of means of transport at their external borders. Such measures shall be drawn up by the working party provided for in Article 70. This working party shall consider inter alia the reassignment of some of the police and customs staff released from internal border duty, as well as recourse to modern drug-detection methods and sniffer dogs.

  4. To ensure compliance with this Article, the Contracting Parties shall specifically maintain surveillance on places known to be used for drug trafficking.

  5. The Contracting Parties shall do all in their power to prevent and combat the negative effects of the illicit demand for narcotic drugs and psychotropic substances of whatever kind, including cannabis. The measures adopted to this end shall be the responsibility of each Contracting Party.

    (+) Single Conventions on Narcotic Drugs of 1961 as amended by the 1972 Protocol amending the 1961 Single Convention on Narcotic Drugs; the 1971 Convention on Psychotropic Substances; the United Nations Convention of 20 December 1988 on Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Article 72

The Contracting Parties shall, in accordance with their constitution and their national legal system, ensure that legislation is enacted to permit the seizure and confiscation of assets deriving from illicit traffic in narcotic drugs and psychotropic substances.

Article 73

  1. The Contracting Parties undertake, in accordance with their constitution and their national legal system, to take measures to allow monitored deliveries to take place in the illicit traffic in narcotic drugs and psychotropic substances.

  2. In each individual case, a decision to allow monitored deliveries will be taken on the basis of prior authorization by each of the Contracting Parties concerned.

  3. Each Contracting Party shall retain responsibility for and control over the operation on its own territory and shall be empowered to intervene.

Article 74

With respect to legal trade in narcotic drugs and psychotropic substances, the Contracting Parties agree to transfer inside the country, wherever possible, checks conducted at the border and arising from obligations under the United Nations Conventions listed in Article 71.

Article 75

  1. As regards the movement of travellers to the territory of the Contracting Parties or within such territory, individuals may carry narcotic drugs and psychotropic substances in connection with medical treatment, provided they produce at any check a certificate issued or authenticated by a competent authority of the State of residence.

  2. The Executive Committee shall adopt the form and content of the certificate referred to in paragraph 1 and issued by one of the Contracting Parties, with particular reference to the data regarding the nature and quantity of the products and substances and the duration of the journey.

  3. The Contracting Parties shall notify each other of the authorities responsible for the issue and authentication of the certificate referred to in paragraph 2.

Article 76

  1. The Contracting Parties shall, if necessary, and in accordance with their medical, ethical and practical usage, adopt the appropriate measures for the monitoring of narcotic drugs and psychotropic substances subjected in the territory of one or more Contracting Party to more rigorous checks than in their own territory so that the effectiveness of such checks is not prejudiced.

  2. Paragraph 1 shall also apply to substances frequently used for the manufacture of narcotic drugs and psychotropic substances.

  3. The Contracting Parties shall notify each other of the measures taken in order to monitor the legal trade in the substances referred to in paragraphs 1 and 2.

  4. Problems experienced in this connection shall be regularly raised in the Executive Committee.

Chapter 7

Firearms and ammunition

Article 77

  1. The Contracting Parties undertake to bring into line with the provisions of this Chapter their national laws, regulations and administrative provisions relating to the purchase, possession, sale and surrender of firearms and ammunition.

  2. This Chapter covers the purchase, possession, sale and surrender of firearms and ammunition by natural and legal persons; it does not cover their supply to the central and territorial authorities, the armed forces or the police, nor the purchase or possession by them of firearms and ammunition nor the manufacture of firearms and ammunition by public undertakings.

Article 78

  1. For the purposes of this Chapter, firearms shall be classified as follows:

    (a) prohibited arms,

    (b) arms subject to authorization,

    (c) arms subject to declaration.

  2. The locking mechanism, the magazine and the barrel of firearms shall be subject mutatis mutandis to the provisions which apply to the weapon of which they form or are intended to form a part.

  3. For the purposes of this Convention, "short firearms" means firearms with a barrel which is not more than 30 cm long or with a total length of not more than 60 cm; "long firearms" means all other firearms.

Article 79

  1. The list of prohibited firearms and ammunition shall include the following items:

    (a) firearms normally used as war firearms;

    (b) automatic firearms, even if they are not war firearms;

    (c) firearms disguised as other items;

    (d) armour-piercing, explosive or incendiary ball ammunition and projectiles for such ammunition;

    (e) ammunition for pistols and revolvers with dum-dum or hollow-pointed projectiles and such projectiles.

  2. The competent authorities may, in special cases, grant authorizations for the firearms and ammunition referred to in paragraph 1, if public order and security do not preclude it.

Article 80

  1. The list of firearms, the purchase and possession of which is subject to authorization, shall include at least the following firearms if they are not prohibited:

    (a) semi-automatic or repeater short firearms;

    (b) single-shot short firearms with centrefire;

    (c) single-shot short firearms with rimfire, with a total length under 28 cm;

    (d) semi-automatic long firearms of which the magazine and chamber can contain more than three cartridges;

    (e) repeater semi-automatic long firearms with a smoothbore barrel, the barrel of which is not longer than 60 cm;

    (f) semi-automatic civilian firearms which resemble automatic war firearms.

  2. The list of firearms subject to authorization shall not include:

    (a) arms used as warning devices, teargas guns or alarms, provided that it can be technically proved that such arms cannot be converted, using ordinary tools, to fire ball ammunition and provided the firing of an irritant substance does not cause irreversible injury to persons;

    (b) semi-automatic long firearms of which the magazine and chamber cannot contain more than three cartridges without being reloaded, provided that the loader is immovable or that it can be proved these firearms cannot be converted, using ordinary tools, into firearms of which the magazine and chamber can contain more than three cartridges.

Article 81

The list of firearms subject to declaration shall include, if such arms are neither prohibited nor subject to authorization:

(a) repeater long firearms;

(b) single-shot long firearms with a rifled barrel or barrels;

(c) single-shot short firearms with rimfire with a total length exceeding 28 cm;

(d) the arms listed in Article 80(2)(b).

Article 82

The list of arms referred to in Articles 79, 80 and 81 shall not include:

(a) firearms, the model or year of manufacture of which, save in exceptional cases, predates 1 January 1870, provided that they cannot fire ammunition intended for prohibited or authorized arms;

(b) reproduction of arms under (a), provided that they cannot be used with metal-case cartridges;

(c) firearms adapted, in accordance with technical procedures guaranteed by the stamp of an official body or recognized by such a body, so that they cannot fire ammunition.

Article 83

A permit to purchase and possess a firearm listed in Article 80 may be issued only:

(a) if the person concerned is over 18 years of age, with the exception of dispensations for hunting and sport purposes;

(b) if the person concerned is not unfit to purchase or possess a firearm as a result of mental illness or any other mental or physical disability;

(c) if the person concerned has not been convicted of an offence or if there are no other indications that he might be a danger to public order and security;

(d) if the reasons given by the person concerned for purchasing or possessing firearms can be considered legitimate.

Article 84

  1. Declarations in respect of the firearms mentioned in Article 81 shall be entered in a register kept by the persons referred to in Article 85.

  2. If a firearm is disposed of by a person not referred to in Article 85, a declaration of disposal must be made in accordance with the detailed rules to be laid down by each Contracting Party.

  3. The declarations referred to in this Article must contain the necessary details to identify the persons and the arms concerned.

Article 85

1. The Contracting Parties undertake to subject to an obligation of authorization persons who manufacture firearms subject to authorization and persons selling such firearms, and to subject to an obligation of declaration persons who manufacture firearms subject to declaration and persons selling such firearms. Authorization in respect of firearms subject to authorization shall also cover firearms subject to declaration. The Contracting Parties shall make effective checks on persons who manufacture arms and persons who sell arms.

2. The Contracting Parties undertake to adopt measures to ensure that, as a minimum requirement, all firearms are marked durably with a serial number permitting their identification and carry the manufacturer's mark.

3. The Contracting Parties shall oblige manufacturers and dealers to keep a register of all firearms subject to authorization or to declaration; the register must make it possible rapidly to determine the nature of firearms, their origin and the purchaser.

4. As regards firearms subject to authorization subject to Articles 79 and 80, the Contracting Parties undertake to adopt measures to ensure that the serial number and the manufacturer's mark on the firearm are reproduced on the permit supplied to its holder.

Article 86

1. The Contracting Parties undertake to adopt measures prohibiting, legitimate holders of firearms subject to authorization or declaration from transferring these arms to persons not holding a permit for their purchase or a declaration certificate.

2. The Contracting Parties may authorize the temporary transfer of such firearms in accordance with procedures which they lay down.

Article 87

1. The Contracting Parties shall incorporate in their national legislation provisions permitting permits to be withdrawn from persons who no longer satisfy the conditions for the issue of permits laid down in Article 83.

2. The Contracting Parties undertake to take appropriate measures, including seizure of firearms and withdrawal of permits and to punish in an appropriate way infringements of the laws and administrative provisions applicable to firearms. Such penalties may provide for the confiscation of firearms.

Article 88

1. Persons who have a permit to purchase a firearm shall not require an authorization to purchase ammunition for such firearms.

2. The purchase of ammunition by persons who do not have a permit to purchase arms shall be subject to the system governing the arm for which the ammunition is intended. Such authorization may cover a single category or all categories of ammunition.

Article 89

The lists of firearms which are prohibited, subject to authorization or subject to declaration may be amended or supplemented by the Executive Committee to take account of technical developments, economic trends and State security.

Article 90

The Contracting Parties shall have to adopt more stringent laws and provisions on the purchase and possession of firearms and ammunition.

Article 91

1. The Contracting Parties agreed, on the basis of the European Convention of 28 June 1978 on the Control of the Acquisition and Possession of Firearms by individuals, to create within the framework of their national legislation an exchange of information on the acquisition of firearms by persons - whether private individuals or retailing gunsmiths - normally resident or established in the territory of another Contracting Party. a retailing gunsmith is deemed to be any person whose professional activity consists, in whole or in part, in trade in or the retailing of firearms.

2. The exchange of information shall concern:

(a) between two Contracting Parties having ratified the Convention referred to in paragraph 1, the firearms listed in Annex 1(A)(l)(a) to (h) of that Convention;

(b) between two Contracting Parties at least one of which has not ratified the Convention referred to in paragraph 1, firearms which are subject to authorization or declaration in each of the Contracting Parties.

3. Information regarding the acquisition of firearms shall be communicated without delay and shall include the following data:

(a) the date of the acquisition and the identity of the purchaser, viz.:

(b) the model, manufacturer's number, calibre and other characteristics of the firearm in question as well as its serial number.

4. Each Contracting Party shall designate the national authority responsible for sending and receiving the information referred to in paragraphs 2 and 3 and shall notify the other Contracting Parties without delay of any change in the identity of that authority.

5. The authority designated by each Contracting Party may forward the information notified to it to the competent local police authorities and to the authorities responsible for checks at the borders, for the purposes of preventing or prosecuting punishable offences and breaches of the rules.


Next: Title IV

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