42000A0922(06)

The Schengen acquis - Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, and to which the Kingdom of Spain and the Hellenic Republic acceded by the Agreements signed at Bonn on 25 June 1991

Official Journal L 239 , 22/09/2000 P. 0083 - 0089

AGREEMENT ON THE ACCESSION OF THE HELLENIC REPUBLIC

to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, and to which the Kingdom of Spain and the Hellenic Republic acceded by the Agreements signed at Bonn on 25 June 1991

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, hereinafter referred to as "the 1990 Convention", as well as the Italian Republic, which acceded to the 1990 Convention by the Agreement signed at Paris on 27 November 1990, and the Kingdom of Spain and the Portuguese Republic, which acceded to the 1990 Convention by the Agreements signed at Bonn on 25 June 1991, of the one part,

and the HELLENIC REPUBLIC, of the other part,

Having regard to the signature done at Madrid on this sixth day of November in the year one thousand nine hundred and ninety-two of the Protocol on the Accession of the Government of the Hellenic Republic to the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as amended by the Protocol on the Accession of the Government of the Italian Republic signed at Paris on 27 November 1990 and the Protocols on the Accession of the Governments of the Kingdom of Spain and the Portuguese Republic signed at Bonn on 25 June 1991,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Hellenic Republic hereby accedes to the 1990 Convention.

Article 2

1. The officers referred to in Article 40(4) of the 1990 Convention as regards the Hellenic Republic shall be: police officers of the Ελληνική Αστυνομία (Greek police) and of the Λιμενικό Σώμα (Port Authority), each within the limits of their powers, as well as officials of the Customs Administration, under the conditions laid down in appropriate bilateral agreements referred to in Article 40(6) of the 1990 Convention, with respect to their powers regarding the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste.

2. The authority referred to in Article 40(5) of the 1990 Convention as regards the Hellenic Republic shall be: the Διεύθυνση Διεθνούς Αστυνομικής Συνεργασίας του Υπουργείου Δημοσίας Τάξεως (Directorate of International Police Cooperation of the Ministry of Public Order).

Article 3

The competent Ministry referred to in Article 65(2) of the 1990 Convention as regards the Hellenic Republic shall be the Ministry of Justice.

Article 4

For the purposes of extradition between the Contracting Parties to the 1990 Convention, the Hellenic Republic shall refrain from applying the reservations that it made in respect of Articles 7, 18 and 19 of the European Convention on Extradition of 13 December 1957.

Article 5

For the purposes of mutual assistance in criminal matters between the Contracting Parties to the 1990 Convention, the Hellenic Republic shall refrain from applying the reservation it made in respect of Articles 4 and 11 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

Article 6

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 Hellenic Republic.

With regard to the 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 7

1. The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Hellenic Republic a certified copy of the 1990 Convention in the Dutch, French, German, Italian, Portuguese and Spanish languages.

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

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

Done at Madrid this sixth day of November in the year one thousand nine hundred and ninety-two 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 Portuguese Republic

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FINAL ACT

I. At the time of signing the Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990 and to which the Kingdom of Spain and the Portuguese Republic acceded by the Accession Agreements signed at Bonn on 25 June 1991, the Government of the Hellenic Republic has subscribed to the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the same time as the 1990 Convention.

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

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the time of signing the 1990 Convention, drawn up in the Greek language, are annexed to this Final Act and shall be authentic under the same conditions as the texts drawn up in the Dutch, French, German, Italian, Portuguese and Spanish languages.

II. At the time of signing the Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990 and to which the Kingdom of Spain and the Portuguese Republic acceded by the Accession Agreements signed at Bonn on 25 June 1991, the Contracting Parties adopted the following Declarations:

1. Joint Declaration on Article 6 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each other of all circumstances that could have a significant bearing on the areas covered by the 1990 Convention and on the bringing into force of the Accession Agreement.

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

With regard to the other States, this Accession Agreement shall only enter into force when all the preconditions for the implementation of the Convention of 1990 have been fulfilled by the Signatory States to this Accession Agreement and controls 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 Hellenic Republic 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 data protection

The Contracting Parties note that the Government of the Hellenic Republic undertakes to take all the necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that Greek legislation is supplemented in accordance with the Council of Europe Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data of 28 January 1981 and in accordance with Recommendation No R (87) 15 of 17 September 1987 of the Committee of the Ministers of the Council of Europe regulating the use of personal data in the police sector, so as to ensure the full application of the provisions of Articles 117 and 126 of the 1990 Convention relating to the protection of personal data, with the aim of achieving a level of protection compatible with the relevant provisions of the 1990 Convention.

4. Joint Declaration on Article 41 of the 1990 Convention

The Contracting Parties note that, in view of the geographical situation of the Hellenic Republic, the provisions of Article 41(5)(b) preclude the application of Article 41 in relations between the Hellenic Republic and the other Contracting Parties. The Hellenic Republic has therefore not designated authorities within the meaning of Article 41(6) or made a declaration within the meaning of Article 41(9).

This procedure applied by the Greek Government does not conflict with the provisions of Article 137.

5. Joint Declaration concerning Mount Athos

Recognising that the special status granted to Mount Athos, as guaranteed by Article 105 of the Hellenic Constitution and the Charter of Mount Athos, is justified exclusively on grounds of a spiritual and religious nature, the Contracting Parties will ensure that this status is taken into account in the application and subsequent preparation of the provisions of the 1985 Agreement and the 1990 Convention.

III. The Contracting Parties have taken note of the following declarations made by the Hellenic Republic:

1. Declaration by the Hellenic Republic on the Agreements on the Accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic

The Government of the Hellenic Republic takes note of the contents of the Agreements on the Accession of the Italian Republic, the Kingdom of Spain and the Portuguese Republic to the 1990 Convention, 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 Hellenic Republic.

2. Declaration by the Hellenic Republic on mutual assistance in criminal matters

The Hellenic Republic undertakes to process requests for assistance from the other Contracting Parties with all due diligence, including when they are made directly to the Greek judicial authorities in accordance with the procedure laid down in Article 53(1) of the 1990 Convention.

3. Declaration on Article 121 of the 1990 Convention

The Government of the Hellenic Republic declares that, except in respect of fresh citrus fruit, cotton and lucerne seed, it shall apply the simplification of plant-health checks and requirements referred to in Article 121 of the 1990 Convention from the date of signature of the Agreement on Accession to the 1990 Convention.

Nevertheless, in respect of fresh citrus fruit, the Hellenic Republic shall transpose the provisions of Article 121 and related measures by 1 January 1993 at the latest.

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 Portuguese Republic

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DECLARATION OF THE MINISTERS AND STATE SECRETARIES

On the sixth day of November in the year one thousand nine hundred and ninety-two, the representatives of the Governments of the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Hellenic Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Portuguese Republic signed at Madrid the Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990 and to which the Kingdom of Spain and the Portuguese Republic acceded by the Agreements signed at Bonn on 25 June 1991.

They noted that the representative of the Government of the Hellenic Republic 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 and the Portuguese Republic have also supported.