Convention drawn up on the basis of article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations:Article 21 Cross-border surveillance

Convention drawn up on the basis of article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations

Article 21 Cross-border surveillance

Geldend

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1.

Officers of the customs administration of one of the Member States who are keeping under observation in their country persons in respect of whom there are serious grounds for believing that they are involved in one of the infringements referred to in Article 19(2) shall be authorized to continue their observation in the territory of another Member State 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.

Member States shall inform the depositary of the officers to whom this provision applies; the depositary shall inform the other Member States.

On request, the observation shall be entrusted to officers of the Member State in whose territory it is carried out.

The request referred to in the first subparagraph shall be sent to an authority designated by each of the Member States empowered to grant the requested authorization or pass on the request.

Member States shall inform the depositary of the authority designated for this purpose; the depositary shall inform the other Member States.

2.

Where, for particularly urgent reasons, prior authorization of the other Member State cannot be requested, the officers conducting the observation shall be authorized to continue beyond the border the observation of persons in respect of whom there are serious grounds for believing that they are involved in one of the infringements referred to in Article 19(2), provided that the following conditions are met:

a)

the competent authorities of the Member State in whose territory the observation is to be continued shall be notified immediately of the crossing of the border, during the observation;

b)

a request 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 Member State 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 1 and 2 shall be carried out only under the following general conditions:

a)

the officers conducting the observation shall comply with the provisions of this Article and with the law of the Member State in whose territory they are operating; they must obey the instructions of the competent authorities of the said Member State;

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 shall 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

(i)

where the requested Member State has made a general declaration that weapons may never be carried into its territory or

(ii)

where specifically decided otherwise by the requested Member State.

When officers of another Member State are permitted to carry their service weapons, 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 Member State in whose territory they took place; the officers conducting the observation may be required to appear in person;

h)

the authorities of the Member State from which the observing officers have come shall, when requested by the authorities of the Member State in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

4.

The Member States may, at bilateral level, extend the scope of this Article and adopt additional measures in implementation thereof.

5.

When depositing its instruments of adoption of this Convention, a Member State may declare that it is not bound by this Article or by part thereof. Such declaration may be withdrawn at any time.

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