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Treaty Schengen III

Tuesday 2 August 2005, by Federal Republic of Germany, Grand Duchy of Luxembourg, Kingdom of Belgium, Kingdom of Spain, Kingdom of The Netherlands, Republic of Austria, Republic of France

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Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the Republic of France, the Grand Duchy of Luxembourg, the Kingdom of The Netherlands and the Republic of Austria

concerning the deepening of cross-border cooperation, in particular in the fields of the fight against terrorism, cross-border criminal activities and illegal migration

The High Contracting Parties to the present Treaty, Member States of the European Union,

Considering that in a space in which people circulate freely it is important for the Member States of the European Union to intensify their cooperation to fight against terrorism, crossborder criminal activities and illegal migration with greater effectiveness,

Wishing to take up a pioneering role in the attainment of the maximum possible level of cooperation, for the sake of the development of European cooperation and without prejudice to the Treaty on the European Union and the Treaty establishing the European Community, specifically by means of a better exchange of information, particularly in the area of the fight against terrorism, cross-border criminal activities and illegal migration, and to offer the possibility to participate in this cooperation to all the other Member States of the European Union,

Wishing to incorporate the regime that the present Treaty establishes within the legal framework of the European Union, to obtain an improvement in the Union as a whole of the exchange of information, especially with regards to the fight against terrorism, cross-border criminal activities and illegal migration, creating the necessary legal and technical means to achieve this purpose,

Acting with respect for fundamental rights, as recognized by the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the common constitutional traditions of the participating States, and conscious in particular that the transmission of personal data to another Contracting Party requires that the receiving Contracting Party must guarantee an adequate level of data protection,

Considering that, without prejudice to the internal legal provisions that are in force, there is a need to maintain and envisage adequate judicial controls over the measures provided for in this Treaty,

Intending to complete this Treaty with other agreements to make it possible to automatically consult data in other relevant databases, insofar as this is necessary and proportionate to further develop cross-border cooperation,

Have agreed upon the following provisions

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