Article 1
The provisions of Article 40 of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders are hereby amended as follows: 1. The first subparagraph of paragraph 1, shall be replaced by the following: "1. Officers of one of the Member States who are keeping a person under surveillance in their country as part of a criminal investigation into an extraditable criminal offence because he is suspected of involvement in an extraditable criminal offence or, as a necessary part of a criminal investigation, because there is serious reason to believe that he can assist in identifying or tracing such a person, shall be authorised to continue their surveillance in the territory of another Member State where the latter has authorised cross-border surveillance in response to a request for assistance made in advance with supporting reasons. Conditions may be attached to the authorisation." 2. Paragraph 7 shall be amended as follows: (a) in the third indent, "rape" shall be replaced by "a serious offence of a sexual nature"; (b) in the fifth indent, "forgery of money" shall be replaced by "counterfeiting and forgery of means of payment"; (c) the following indents shall be added: "- serious fraud; - smuggling of aliens; - money laundering; - illicit trafficking in nuclear and radioactive substances; - participation in a criminal organisation as referred to in Council Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union; - terrorist offences as referred to in Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism."