APPENDIX 4: CHAPTERS 3 & 4 OF PRÜM
TREATY
CHAPTER 3
Measures to prevent terrorist offences
Article 16
Supply of information in order to prevent
terrorist offences
1. For the prevention of terrorist offences,
the Contracting Parties may, in compliance with national law,
in individual cases, even without being requested to do so, supply
other Contracting Parties' national contact points, as referred
to in paragraph 3, with the personal data and information
specified in paragraph 2, in so far as is necessary because
particular circumstances give reason to believe that the data
subjects will commit criminal offences as referred to in Articles 1
to 3 of EU Council Framework Decision 2002/475/JHA of 13 June 2002
on combating terrorism.
2. The data to be supplied shall comprise surname,
first names, date and place of birth and a description of the
circumstances giving reason for the belief referred to in paragraph 1.
3. Each Contracting Party shall designate a national
contact point for exchange of information with other Contracting
Parties' contact points. The powers of the national contact point
shall be governed by the national law applicable.
4. The supplying authority may, in compliance
with national law, impose conditions on the use made of such data
and information by the receiving authority. The receiving authority
shall be bound by any such conditions.
Article 17
Air marshals
1. Each Contracting Party shall decide for itself,
under its national aviation security policy, whether to deploy
air marshals on aircraft registered in that Contracting Party.
Any such air marshals shall be deployed in accordance with the
Chicago Convention of 7 December 1944 on International
Civil Aviation and its annexes, in particular Annex 17, and
with documents implementing it, with due regard for the aircraft
commander's powers under the Tokyo Convention of 14 September 1963
on Offences and Certain Other Acts Committed on Board Aircraft,
and in accordance with any other applicable international legal
provisions in so far as they are binding upon the Contracting
Parties concerned.
2. Air marshals as referred to in this Convention
shall be police officers or other suitably trained officials responsible
for maintaining security on board aircraft.
3. The Contracting Parties shall assist one another
in the training and further training of air marshals and shall
cooperate closely on matters concerning air marshals' equipment.
4. Before a Contracting Party deploys air marshals,
its relevant national contact point must give notice in writing
of their deployment. Notice shall be given to the relevant national
contact point in another Contracting Party at least three days
before the flight in question to or from one of its airports.
In the event of imminent danger, notice must be given without
any further delay, as a rule before the aircraft lands.
5. The notice in writing shall contain the information
specified in Annex 1 to this Convention and shall be treated
as confidential by Contracting Parties. The Contracting Parties
may amend Annex 1 by means of a separate agreement.
Article 18
Carrying of arms, ammunition and equipment
1. The Contracting Parties shall, upon request,
grant air marshals deployed by other Contracting Parties general
permission to carry arms, ammunition and equipment on flights
to or from airports in Contracting Parties. Such permission shall
cover the carrying of arms and ammunition on board aircraft and,
subject to paragraph 2, in restricted-access security areas
at an airport in the Contracting Party in question.
2. The carrying of arms and ammunition shall
be subject to the following conditions:
(1) those carrying arms and ammunition may not
disembark with them from aircraft at airports or enter restricted-access
security areas at an airport in another Contracting Party, unless
escorted by a representative of its competent national authority;
(2) the arms and ammunition carried must, immediately
upon disembarking from the aircraft, under escort, be deposited
for supervised safekeeping in a place designated by the competent
national authority.
Article 19
National contact and coordination points
For the purposes of duties under Articles 17
and 18, each Contracting Party shall designate a national contact
and coordination point.
CHAPTER 4
Measures to combat illegal migration
Article 20
Document advisers
1. On the basis of joint situation assessments
and in compliance with the relevant provisions of EU Council Regulation
(EC) No 377/2004 of 19 February 2004 on the creation
of an immigration liaison officers network, the Contracting Parties
shall agree on the seconding of document advisers to States regarded
as source or transit countries for illegal migration.
2. Under their own national law, the Contracting
Parties shall regularly exchange any information on illegal migration
that is gleaned from their document advisers' work.
3. In seconding document advisers, the Contracting
Parties may entrust one Contracting Party with coordination of
specific measures. Such coordination may be temporary in nature.
Article 21
Document advisers' duties
Document advisers seconded by Contracting Parties
shall have the following duties in particular:
(1) advising and training Contracting Parties'
representations abroad on passport and visa matters, particularly
detection of false or falsified documents, and on document abuse
and illegal migration;
(2) advising and training carriers on their obligations
under the Convention of 19 June 1990 implementing the
Schengen Agreement of 14 June 1985 on the gradual abolition
of checks at common borders and under Annex 9 to the Chicago
Convention of 7 December 1944 on International Civil
Aviation and on the detection of false or falsified documents
and the relevant immigration rules, and
(3) advising and training the host country's
border control authorities and institutions.
This shall not affect the powers of the Contracting
Parties' representations abroad and border control authorities.
Article 22
National contact and coordination points
The Contracting Parties shall designate contact and
coordination points to be approached on concerted arrangements
for document adviser secondment and on preparation, implementation,
guidance and assessment of advice and training schemes.
Article 23
Assistance with repatriation measures
1. The Contracting Parties shall assist one another
with repatriation measures, in compliance with EU Council Decision 2004/573/EC
of 29 April 2004 on the organisation of joint flights
for removals, from the territory of two or more Member States,
of third-country nationals who are subjects of individual removal
orders and EU Council Directive 2003/110/EC of 25 November 2003
on assistance in cases of transit for the purposes of removal
by air. They shall inform one another of planned repatriation
measures in good time and, as far as possible, shall give other
Contracting Parties an opportunity to participate. For joint repatriation
measures, Contracting Parties shall together agree on arrangements
for escorting those to be repatriated and for security.
2. A Contracting Party may, where necessary,
repatriate those to be repatriated via another Contracting Party's
territory. A decision on the repatriation measure shall be taken
by the Contracting Party via whose territory repatriation is to
be carried out. In its decision on repatriation, it shall specify
the conditions for implementation and, if necessary, also impose
on those to be repatriated such measures of constraint as are
allowed under its own national law.
3. For the purposes of preparing and implementing
repatriation measures, the Contracting Parties shall designate
national contact points. Experts shall meet regularly in a working
party in order to:
(1) assess the results of past operations and
take them into account in future preparations and implementation;
(2) consider and resolve any problems arising
from transit as referred to in paragraph 2.
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