APPENDIX 5: ARTICLE 18 OF PREVIOUS
DRAFT OF DECISION
Article 18[60]
Measures in the event of immediate danger
(1) In urgent situations, officers from one Member
State may, without the other Member State's prior consent,
cross the border between the two so that, within an area of the
other Member State's territory close to the border, in compliance
with the host State's national law, they can take any provisional
measures necessary to avert immediate danger to life or limb.
(2) An urgent situation as referred to in paragraph 1
shall be deemed to arise if there is a risk that the danger would
materialise while waiting for the host State's officers to act
or to take charge as stipulated in Article 17(2).
(3) The officers crossing the border must notify
the host State without delay. The host State shall confirm receipt
of that notification and without delay take the necessary measures
to avert the danger and take charge of the operation. The officers
crossing the border may operate in the host State only until the
host State has taken the necessary protective measures. The officers
crossing the border shall be required to follow the host State's
instructions.
(4) When adopting this Decision, Member States
shall issue a declaration designating the authorities to be notified
without delay, as stipulated in paragraph 3. The officers
crossing the border shall be required to comply with the provisions
of this Article and with the law of the Member State within whose
territory they are operating.
(5) The host State shall assume responsibility
for the measures taken by the officers crossing the border.
60 From Document 6002/07. Back
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