1. he violates flight rules (first paragraph of Article 8), 2. in the case of a violation of air space by an aircraft, he does not land at the order of a competent body in compliance with instructions (third paragraph of Article 10), 3. is not acquainted with the content of /cargo/ which he is transporting (seventh paragraph of Article 59), 4. performs the task of pilot in commercial air traffic if he has exceeded the prescribed age (eighth paragraph of Article 59), 5. does not take measures in compliance with authorities (first paragraph of Article 60), 6. prior to take-off does not check whether the crew and aircraft are prepared and capable of safe flight and whether all prescribed documents are on board (third paragraph of Article 60), 7. does not provide the police with professional assistance and does not provide information to them when this is required in compliance with legal authorities (eighth paragraph of Article 60), 8. does not take measures in compliance with authorities (first and second paragraphs of Article 61), 9. does not take care that objects that are relevant to a procedure of violation or for the investigation of a criminal offence are handed to the appropriate official body (fourth paragraph of Article 61), 10. does not inform the Administration of an aviation accident with fatal results or serious physical injuries or with considerable damage or about a serious incident and does not submit a written report about such (Article 63), 11. does report on circumstances, events and disturbances in functioning which could affect the airworthiness of the aircraft (Article 64), 12. does not land immediately with an aircraft at the nearest suitable airport in compliance with the instructions of a competent air traffic service (first paragraph of Article 147),

Should it prove necessary to reintroduce internal border checks temporarily in accordance with the provisions of Article 2(2) of the Convention, mobile units of the border police can impose the speed restrictions necessary for conducting checks by means of ad hoc signalling.

The Parties shall endeavour to approximate their visa policies as soon as possible in order to avoid the adverse consequences in the field of immigration and security that may result from easing checks at the common borders.

technical adjustments in order to enable vehicles to turn round on motorways and comparable roads in case checks at the internal borders are temporarily reinstated on grounds of public policy or national security and vehicles are refused entry.

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(4) applies to all areas of the Communities' activity without prejudice to the provisions of Community rules specific to different policy areas.

The reason for this is that, as set out in Article 92 of the Schengen Convention, the SIS is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.

While taking into account the legitimate concerns of the Government of the Republic of Cyprus, it is necessary to enable EU citizens to exercise their rights of free movement within the EU and set the minimum rules for carrying out checks on persons at the line and to ensure the effective surveillance of it, in order to combat the illegal immigration of third country nationals as well as any threat to public security and public policy.

Given the need to prevent the intermingling of passenger flows from domestic and international flights, at entry points, before border police checks, and at exit points, after such checks, and whereas before the Schengen Convention is brought into force the infrastructure necessary to ensure the physical separation of such passenger flows should be in place at all airports (apart from Schiphol Airport in Amsterdam which has been granted an exemption until the end of 1995 on condition that during this period it takes procedural measures to ensure that passenger flows are clearly separated), the Schengen Convention will also be brought into force for air traffic on the date set by the Executive Committee(1).

The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, ensure coherence with Community policies, adopt the Centre's financial regulation in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities(4), hereinafter referred to as the «Financial Regulation» , and appoint the director following a parliamentary hearing of the selected candidate.

This means, that whereas it would be legitimate to process the passenger data transmitted for the performance of border checks also for the purposes of allowing their use as evidence in proceedings aiming at the enforcement of the laws and regulations on entry and immigration, including their provisions on the protection of public policy (ordre public) and national security, any further processing in a way incompatible with those purposes would run counter to the principle set out in Article 6(1)(b) of Directive 95/46/EC.

The Parties shall endeavour to approximate their visa policies as soon as possible in order to avoid the adverse consequences in the field of immigration and security that may result from easing checks at the common borders.

On exit, the checks shall be carried out as required in the interest of all Contracting Parties under the law on aliens in order to detect and prevent threats to the national security and public policy of the Contracting Parties.

Whereas in accordance with Article 40 of Council Decision 90/424/EEC, checks provided for in Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 concerning the financing of the common agricultural policy (4) shall apply;

The abolition of checks on persons at internal borders shall not affect the provisions laid down in Article 22, or the exercise of police powers throughout a Contracting Party's territory by the competent authorities under that Party's law, or the requirement to hold, carry and produce permits and documents provided for in that Party's law.

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities () applies to all areas of the Communities' activity without prejudice to the provisions of Community rules specific to the different policy areas.

The reason for this is that, as set out in Article 92 of the Schengen Convention, the SIS is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.

The Schengen Information System shall enable the authorities designated by the Contracting Parties, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law and, in the case of the specific category of alerts referred to in Article 96, for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of this Convention relating to the movement of persons.

Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities ( 7 ) applies to all areas of the Communities' activity without prejudice to the provisions of the Community rules specific to the different policy areas,

The reason for this is that, as set out in Article 92 of the 1990 Schengen Convention, the Schengen Information System is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.

The Convention on the Establishment of a European Police Office (Europol Convention) (3), the Convention on the Use of Information Technology for Customs Purposes (4) and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (5) have created joint supervisory bodies in order to monitor the correct application of data protection provisions in those instruments.

Given the need to prevent the intermingling of passenger flows from domestic and international flights, at entry points, before border police checks, and at exit points, after such checks, and whereas before the Schengen Convention is brought into force the infrastructure necessary to ensure the physical separation of such passenger flows should be in place at all airports (apart from Schiphol Airport in Amsterdam which has been granted an exemption until the end of 1995 on condition that during this period it takes procedural measures to ensure that passenger flows are clearly separated), the Schengen Convention will also be brought into force for air traffic on the date set by the Executive Committee ( 1 ).

The second task of the Standing Committee shall be to lay the foundations so that the Executive Committee can ensure the proper application of the Schengen Convention by the States which have already brought it into force, in particular by following up the recommendations made by the visiting committees to the external borders, by ensuring that follow-up action is taken to remedy the shortcomings mentioned in the Annual Report on the External Borders, by focusing greater attention on the joint efforts needed to improve the quality of controls at the external borders and by optimising the application of the Convention in the fields of police cooperation, judicial cooperation and the SIS.The Standing Committee shall seek solutions to the problems detected and shall make proposals for the satisfactory and optimal implementation of the Convention.Sole responsibility for checking to ensure that the Convention is properly applied shall continue to remain with the Schengen States.The Standing Committee shall therefore confine itself to carrying out the verification procedures as defined in the following mandate.

The checks and formalities referred to in paragraph 1 do not include the payment of refunds or other amounts provided for under the common agricultural policy.

Should it prove necessary to reintroduce internal border checks temporarily in accordance with the provisions of Article 2(2) of the Convention, mobile units of the border police can impose the speed restrictions necessary for conducting checks by means of ad hoc signalling.

technical adjustments in order to enable vehicles to turn round on motorways and comparable roads in case checks at the internal borders are temporarily reinstated on grounds of public policy or national security and vehicles are refused entry.

Whereas the smooth functioning of the common agricultural policy and of the common market for agricultural products, and also the prospect of the abolition of veterinary checks at frontiers with a view to achieving the internal market for products subject to such checks, render it necessary to reinforce cooperation between the authorities responsible in each Member State for the application of veterinary and zootechnical rules;

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(4) applies to all areas of the Communities' activity without prejudice to the provisions of Community rules specific to different policy areas.

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(5) applies to all areas of the Communities' activity without prejudice to the provisions of Community rules specific to the different policy areas.

While taking into account the legitimate concerns of the Government of the Republic of Cyprus, it is necessary to enable EU citizens to exercise their rights of free movement within the EU and set the minimum rules for carrying out checks on persons at the line and to ensure the effective surveillance of it, in order to combat the illegal immigration of third country nationals as well as any threat to public security and public policy.

Whereas, in the interest of the free movement of plants, plant products or other objects within the Community, which is an element essential to agricultural productivity and contributes to the proper functioning of the common agricultural policy, the percentage of the abovementioned phytosanitary inspections should be reduced, whilst a decision should be taken in respect of the percentage of consigments that could be subject to occasional documentary and identity checks, and a better balance established, in the matter of checks and inspections between the consignor Member State and the Member State of destination, with greater responsibility being placed on the former;

A specific conformity checking procedure should, however, be set up to enable the Commission, after consulting COSS, to take whatever measures may be necessary to exclude the risk of amendments to the international instruments being incompatible with the aforesaid legislation or Community policy on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions in force or with the objectives pursued by that legislation.

The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, ensure coherence with Community policies, adopt the Centre's financial regulation in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities(4), hereinafter referred to as the «Financial Regulation» , and appoint the director following a parliamentary hearing of the selected candidate.

This means, that whereas it would be legitimate to process the passenger data transmitted for the performance of border checks also for the purposes of allowing their use as evidence in proceedings aiming at the enforcement of the laws and regulations on entry and immigration, including their provisions on the protection of public policy (ordre public) and national security, any further processing in a way incompatible with those purposes would run counter to the principle set out in Article 6(1)(b) of Directive 95/46/EC.