TITLE 8

Final Provisions

Article 134

The provisions of this Convention shall apply only insofar as they are compatible with Community law.

Article 135

The provisions of this Convention shall apply subject to the provisions of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967.

Article 136

1. A Contracting Party which envisages conducting negotiations on border checks with a Third State shall inform the other Contracting Parties thereof in good time.

2. No Contracting Party shall conclude with one or more Third States agreements simplifying or abolishing border checks without the prior agreement of the other Contracting Parties, subject to the right of the Member States of the European Communities to conclude such agreements jointly.

3. The provisions of paragraph 2 shall not apply to agreements on local border traffic since these agreements comply with the exemptions and arrangements laid down under Article 3(1).

Article 137

This Convention shall not be the subject of any reservations, save for those referred to in Article 60.

Article 138

As regards the French Republic, the provisions of this Convention shall apply only to the European territory of the French Republic.

As regards the Kingdom of the Netherlands, the provisions of this Convention shall apply only to the territory of the Kingdom of the Netherlands situated in Europe.

Article 139

1. The present Convention 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 Convention shall enter into force on the first day of the second month following the deposit of the final instrument of ratification, acceptance or approval. The provisions concerning the setting up, activities and jurisdiction of the Executive Committee shall apply as from the entry into force of this Convention. The other provisions shall apply as from the first day of the third month following the entry into force of this Convention.

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

Article 140

1. Any Member State of the European Communities may become a Party to this Convention. Such accession shall be the subject of an agreement between that State and the Contracting Parties.

2. Such an agreement shall be subject to ratification, acceptance or approval by the acceeding State and by each of the Contracting Parties. It shall enter into force on the first day of the second month following the deposit of the final instrument of ratification, acceptance or approval.

Article 141

1. Any Contracting Party may submit to the depository a proposal to amend This Convention. The depository shall forward that proposal to the other Contracting Parties. At the request of one Contracting Party, the Contracting Parties shall re-examine the provisions of the Convention if, in their opinion, there has been a fundamental change in the conditions obtaining when the Convention entered into force.

2. The Contracting Parties shall adopt amendments to this Convention by mutual consent.

3. Amendments shall enter into force on the first day of the second month following the date of deposit of the final instrument of ratification, acceptance or approval.

Article 142

1. When Conventions are concluded between the Member States of the European Communities with a view to the completion of an area without internal frontiers, the Contracting Parties shall agree on the conditions under which the provisions of the present Convention are to be replaced or amended in the light of the corresponding provisions of such Conventions.

The Contracting Parties shall, to that end, take account of the fact that the provisions of this Convention may provide for more extensive co- operation than that resulting from the provisions of the said Conventions.

Provisions which are in breach of those agreed between the Member States of the European Communities shall in any case be adapted in any circumstances.

2. Amendments to this Convention deemed necessary by the Contracting Parties shall be subject to ratification, acceptance or approval. The provision contained in Article 141(3) shall apply; it being understood that the amendments will not enter into force before the said Conventions between the Member States of the European Communities come into force.

In witness whereof, the undersigned, duly authorized to that end, have hereunto set their hands.

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a single original, in the Dutch, French and German languages, all three texts being equally authentic, which shall be 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,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.

F I N A L A C T

At the time of signing, 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 regarding the gradual abolition of checks at their common borders, the Contracting Parties adopted the following statements:

1. Joint statement concerning Article 139

The signatory States shall, prior to the entry into force of the Convention, inform each other of all circumstances of significance for the matters covered by the Convention and for its entry into force.

The Convention shall not enter into force until the prior conditions for its implementation are fulfilled in the signatory States and checks at external borders are effective.

2. Joint statement concerning Article 4

The Contracting Parties undertake to make every effort to comply with this deadline simultaneously and to preclude any shortcomings in security. Before 31 December 1992, the Executive Committee shall examine what progress has been made. The Kingdom of the Netherlands stresses that difficulties in meeting the deadline in a particular airport cannot be excluded but that this will not give rise to any shortcomings in security. The other Contracting Parties will take account of this situation although this may not be allowed to lead to difficulties for the internal market.

In the event of difficulties, the Executive Committee shall examine the optimal conditions for the simultaneous implementation of these measures at airports.

3. Joint statement regarding Article 71(2)

Insofar as a Contracting Party derogates from the principle referred to in Article 71(2) in connection with its national policy on the prevention and treatment of addiction to narcotic drugs and psychotropic substances, all Contracting Parties shall adopt the requisite administrative measure and penal sanctions to prevent and penalize the illicit import action and export action of such products and substances, particularly towards the territory of the other Contracting Parties.

4. Joint statement concerning Article 121

The Contracting Parties shall, while complying with Community law, waive the checks and cease to require submission of the plant health certificates, prescribed by Community law for the plants and plant products

(a) listed under 1 below, or

(b) listed under 2 to 6 below and originating in one of the Contracting Parties:

1) Cut flowers and parts of plants suitable for ornamental purposes of:

Castanea Chrysanthemum Dendranthema Dianthus Gladiolus Gypsophila Prunus Quercus Rosa Salix Syringa Vitis

2) Fresh fruit of:

Citrus Cydonia Malus Prunus Pyrus

3) Wood of:

Castanea Quercus

4) Growing medium constituted wholly or in part of earth or solid organic matter such as parts of plants, turf and bark with humus, but not constituted entirely of turf.

5) Seeds

6) Live plants listed below and appearing under the CN Code listed below in the Customs Nomenclature published in the Official Journal of the European Communities of 7 September 1987.

CN Code Description

0601 20 30 Bulbs, tubers, tuberous roots and rhizomes, in growth or in flower: orchids, hyacinths, narcissi and tulips 0601 20 90 Bulbs, tubers, tuberous roots and rhizomes, in growth or in flower: other 0602 30 10 Rhododendron simsii (Azalea indica) 0602 99 51 Outdoor plants: perennial plants 0602 99 59 Outdoor plants: other 0602 99 91 Indoor plants: flowering plants with buds or flowers, excluding cacti 0602 99 99 Indoor plants: other

5. Joint statement on national asylum policies

The Contracting Parties shall make an inventory of national asylum policies with a view to the harmonization thereof.

6. Joint statement concerning Article 132

The Contracting Parties shall inform their national Parliaments of the implementation of this Convention.

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a single original, in the Dutch; French and German languages, all three texts being equally authentic, which shall be 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,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.

MINUTES

Further to the Final Act of 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 regarding the gradual abolition of checks at their common borders, the Contracting Parties adopted the following joint statement and took note of the following unilateral declarations made in respect of the said Convention:

I. Statement on the scope of the Convention

The Contracting Parties note that, after the unification of the two German States, the scope of the Convention shall under international law also extend to the current territory of the German Democratic Republic.

II. Declarations by the Federal Republic of Germany concerning the interpretation of the Convention

1. The Convention has been concluded in the light of the prospective unification of the two German States.

The German Democratic Republic is not a foreign country in relation to the Federal Republic of Germany.

Article 136 shall not apply in relations between the Federal Republic of Germany and the German Democratic Republic.

2. This Convention shall not jeopardize the arrangements agreed in the Germano-Austrian exchange of letters of 20 August 1984 simplifying checks at their common borders for nationals of both States. Such arrangements will however have to be implemented in the light of the over-riding security and immigration requirements of the Schengen Contracting Parties so that such facilities will in practice be restricted to Austrian nationals.

III. Declaration by the Kingdom of Belgium concerning Article 67

The procedure which will be implemented internally for taking over the execution of a foreign judgment will not be that specified in the Belgian law on the transfer of sentenced persons between States, but rather a special procedure which will be determined when this Convention is ratified.

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a single original, in the Dutch, French and German languages, all three texts being equally authentic, which shall be 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,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.

JOINT STATEMENT

by the Ministers and State Secretaries meeting in Schengen on 19 June 1990

The Governments of the Contracting Parties to the Schengen Agreement will commence or continue discussions in the following spheres in particular:

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a single original, in the Dutch, French and German languages, all three texts being equally authentic, which shall be 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,

For the Government of the Federal Republic of Germany,

For the Government of the French Republic,

For the Government of the Grand Duchy of Luxembourg,

For the Government of the Kingdom of the Netherlands.


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