§ The Minister of State, Home Office (Baroness Scotland of Asthal)Article 40 of the Schengen convention sets out the basis for cross-border surveillance by police officers from member states. Subject to a Justice and Home Affairs (JHA) Council decision authorising the United Kingdom to begin applying the relevant provisions of the Schengenacquis, we have decided that in strictly pre-planned operations, and on a basis of full reciprocity, overseas surveillance officers should be able to travel armed by sea or rail to the UK, but not by air.
Foreign officers would not be able to carry their firearms beyond the confines of the port or rail station at which they arrive. The purpose of this agreement is to allow for continuing, without putting officers at additional risk, the surveillance of a dangerous individual leaving the UK or of one coming to the UK who will then be followed from the port by armed UK surveillance teams.
Each foreign officer will require authority from the Home Secretary to carry firearms under Section 5 of the Firearms Act 1968, and an import licence. Before an authorisation is given to allow the carriage of firearms, the operation will be risk assessed by an UK police officer of at least Assistant Chief Constable rank.
Foreign officers on urgent operations under Article 40(2) of the Schengen convention will not be able to carry firearms in any circumstances.