Aanvullend Protocol bij het Europees Verdrag aangaande de wederzijdse rechtshulp in strafzaken
Partijen en gegevens
Geldend
Geldend vanaf 12-04-1982
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
17-03-1978, Trb. 1979, 121 (uitgifte: 14-08-1979, kamerstukken/regelingnummer: -)
- Inwerkingtreding
12-04-1982
- Bronpublicatie inwerkingtreding:
28-01-1982, Trb. 1982, 11 (uitgifte: 01-01-1982, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
Internationaal strafrecht / Justitiële en politionele samenwerking
Bronnen
Trb. 1979, 121
Trb. 1982, 11
Trb. 1990, 118
Trb. 1994, 43
Trb. 1996, 64
Trb. 1997, 284
Trb. 2021, 60
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Albanië | 03-07-2000 | |
Armenië | 21-06-2004 | |
Azerbeidzjan | 02-10-2003 | |
België | 29-05-2002 | |
Bulgarije | 14-09-1994 | |
Chili | 28-08-2011 | |
Cyprus | 24-05-2000 | |
Denemarken | 05-06-1983 | |
Duitsland | 06-06-1991 | |
Estland | 27-07-1997 | |
Finland | 30-04-1985 | |
Frankrijk | 02-05-1991 | |
Georgië | 20-08-2003 | |
Griekenland | 12-04-1982 | |
Hongarije | 11-10-1993 | |
Ierland | 26-02-1997 | |
IJsland | 18-09-1984 | |
Italië | 24-02-1986 | |
Kroatië | 14-12-1999 | |
Letland | 31-08-1997 | |
Litouwen | 16-07-1997 | |
Luxemburg | 31-12-2000 | |
Malta | 28-06-2012 | |
Moldavië | 25-09-2001 | |
Montenegro | 06-06-2006 | |
het Koninkrijk der Nederlanden (het Europese deel van Nederland) | 12-04-1982 | |
Noord-Macedonië | 26-10-1999 | |
Noorwegen | 11-03-1987 | |
Oekraïne | 09-06-1998 | |
Oostenrijk | 31-07-1983 | |
Polen | 17-06-1996 | |
Portugal | 27-04-1995 | |
Roemenië | 15-06-1999 | |
Rusland | 09-03-2000 | |
Servië en Montenegro | 21-09-2003 | |
Slovenië | 17-10-2001 | |
Slowakije | 22-12-1996 | |
Spanje | 11-09-1991 | |
Tsjechië | 17-02-1997 | |
Turkije | 27-06-1990 | |
het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland | 27-11-1991 | |
Zuid-Korea | 29-12-2011 | |
Zweden | 12-04-1982 |
Voorbehouden, verklaringen en bezwaren
1 | Toetreding door Finland onder de volgende voorbehouden: Reservations
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2 | Toetreding door Finland onder de volgende verklaring: Declaration relating to Article 24 With regard to Article 24 of the Convention Finland declares that, as regards Finland, the judicial Authorities are deemed to mean, for the application of Article 3, 4 and 6, the courts and investigating judges and in other cases, the Courts, investigating judges and the public prosecutors. Finland heeft op 16-03-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Finland, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 3 / 5 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Finland in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention. With reference to this declaration made in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Finland avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Finland declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Finland furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, Finland declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Finland, act in the capacity of competent authority in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Finland and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
3 | Bekrachtiging door Italië onder de volgende verklaring: In accordance with Article 8 of the Protocol, Italy confirms the declaration made by virtue of Article 24 of the Convention and requests to add to the list of Italian judicial authorities:
Note du Secrétariat: Les autorités suivantes sont désormais considérées comme ‘autorités judiciaires’ aux fins de la Convention:
Italië heeft op 21-02-2022 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention the Italian Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Italian Republic in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Italian Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Italian Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Italian Republic furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the said State. In accordance with Article 33(2) of the Second Additional Protocol, the Italian Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Italian Republic, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
4 | Bekrachtiging door het Koninkrijk der Nederlanden onder het volgende voorbehoud: The Government of the Kingdom of the Netherlands declares, in accordance with Article 8, paragraph 2a of the aforementioned Protocol, that it reserves the right not to comply with letters rogatory for search or seizure of property in respect of fiscal offences. Op 06-07-1990 heeft het Koninkrijk der Nederlanden het bij de bekrachtiging gemaakte voorbehoud betreffende artikel 8 van het Protocol voor Nederland en Aruba ingetrokken. |
5 | Toepasselijkverklaring door het Koninkrijk der Nederlanden voor Aruba per 01-01-1986. Toepasselijkverklaring voor de Nederlandse Antillen op 06-01-1994 (iwtr. 06-01-1994) onder de verklaring dat de Regering van het Koninkrijk der Nederlanden in overeenstemming met zijn artikel 8, tweede lid, letter a, ‘accepts Chapter I of the Additional Protocol, with respect to the Netherlands Antilles, only in respect of relations with States with which the Kingdom of the Netherlands, in respect of the Netherlands Antilles, has concluded a treaty on the avoidance of double taxation, that is fully in force.’. Het Koninkrijk der Nederlanden heeft op 26-02-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares, for the European part of the Netherlands, that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement, for the European part of the Netherlands, the previous declarations made by the Kingdom of the Netherlands in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Kingdom of the Netherlands avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands declares, for the European part of the Netherlands, that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15, paragraph 9, of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands furthermore declares, for the European part of the Netherlands, that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice and Security of the Netherlands. In accordance with Article 33(2) of the Second Additional Protocol, the Kingdom of the Netherlands declares, for the European part of the Netherlands, that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the European territory of the Kingdom of the Netherlands, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of the European part of the Netherlands and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
6 | Bekrachtiging door Oostenrijk onder het volgende voorbehoud en de volgende verklaring: According to Article 8, paragraph 2 of the Protocol, the Republic of Austria declares to accept Chapter I only in respect of offences in connection with taxes, duties and customs. On the grounds of the Austrian reservation to Article 2, paragraph b of the Convention and with a view to Article 8, paragraph 1 of the Protocol, the Republic of Austria declares that mutual assistance according to Chapter I of the Protocol will be granted only under the condition that — in conformity with Austrian legislation on secrecy — information and evidence received by way of mutual assistance will only be used in the criminal proceedings for which mutual assistance was requested and in directly related proceedings in respect of offences in connection with taxes, duties and customs. De Regering van Oostenrijk heeft op 06-09-1994 medegedeeld het voorbehoud gemaakt bij de bekrachtiging van het onderhavige Protocol op 02-05-1983 in te trekken. Oostenrijk heeft op 09-02-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Austria, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Austria in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, Austria avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Austria declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Austria furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, Austria declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Austria, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only after prior notification to the Ministry of Justice and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
7 | Bekrachtiging door Frankrijk onder de verklaring dat het Aanvullend Protocol van toepassing is op de Europese en overzeese departementen van de Franse Republiek. Frankrijk heeft op 27-05-2021 de volgende verklaring afgelegd: In accordance with Article 25 of the European Convention on Mutual Assistance in Criminal Matters, ratified by France on 23 May 1967, and in relation with its two additional protocols, ratified by France, respectively, on 1 February 1991 (ETS No. 99) and on 6 February 2012 (ETS No. 182), France declares what follows: In replacement of the declarations made on 23 May 1967, 1st February 1991 and 6 February 2012, the Government of the French Republic declares that, with regards to France, the Convention and its first and second additional Protocols apply to the entire territory of the Republic. Frankrijk heeft op 01-06-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), France, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declaration made by France in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, France avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, France declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, France furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, France declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of France, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of the French Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. The Government of the French Republic specifies that these declarations are only applicable from the date set by the European Commission in application of Article 120 (2), subparagraph 3, of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation concerning the creation of the European Public Prosecutor's Office. |
8 | Ratificatie door Duitsland onder de volgende voorbehouden en verklaring: Reservations In accordance with Chapter IV, Article 8 (2), the Federal Republic of Germany avails itself of the following reservations: Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make
dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts. Declaration Moreover, regarding Article 8 of the Additional Protocol, the Federal Republic of Germany proceeds on the understanding that even under the scope of application of the Convention, as extended by the Additional Protocol, there is no obligation to render assistance in the event that the effort and expenses to be expected in executing the letters rogatory are disproportionate to the subject-matter and execution could thus prejudice essential German interests. Duitsland heeft op 19-03-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Germany, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Germany in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, Germany avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and that the declaration made by Germany in accordance with Article 15.8.b and d of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the German European Delegated Prosecutor's Office(s) in Germany. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by the German European Delegated Prosecutors, shall be transmitted by the Federal Office of Justice. In accordance with Article 33(2) of the Second Additional Protocol, Germany declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Germany, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Germany and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
9 | Bekrachtiging door Spanje onder voorbehouden, als gemaakt en afgelegd bij de bekrachtiging van het Verdrag in overeenstemming met artikel 8, eerste lid, van het Protocol. De tekst van deze voorbehouden luidt als volgt: L’ Espagne se réserve la faculté de soumettre l'exécution des commissions rogatoires qui ont pour fin une perquisition ou une saisie d'objets aux conditions suivantes:
L'Espagne se réserve la faculté d'exiger que les demandes d'entraide judiciaire et pièces annexes lui soient adressées accompagnées d'une traduction en langue espagnole dûment authentifiée. L'Espagne se réserve le droit de ne pas donner avis à d'autres Parties intéressées des antécédents pénaux rayés dans le cas de ressortissants espagnols. (vertaling) |
10 | Bekrachtiging door Spanje onder een verklaring, als gemaakt en afgelegd bij de bekrachtiging van het Verdrag in overeenstemming met artikel 8, eerste lid, van het Protocol. De tekst van deze verklaring luidt als volgt: Déclaration relative à l'article 24 L'Espagne déclare qu'aux fins de la présente Convention doivent être considérées comme autorités judiciaires:
(vertaling) Spanje heeft op 10-06-2011 de volgende verklaring afgelegd: Spain modifies its declaration to Article 24 of the Convention contained in the instrument of ratification. This modification applies also to the Additional Protocol to the Convention, and reads as follows: In accordance with Article 24 of the Convention, Spain declares that for the purposes of the Convention, the following shall be deemed judicial authorities:
This declaration applies also to the Additional Protocol to the Convention, done in Strasbourg on 17 March 1978. Spanje heeft op 19-12-2012 de volgende verklaring afgelegd: Regarding the European Convention on Mutual Assistance in Criminal Matters, Spain wishes to replace the terms ‘Registrars’ in the English version and ‘Greffiers’ in the French version, by ‘Secretarios Judiciales’ in the text of the declaration made by Spain pursuant to Article 24. This modification also applies to the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 17 March 1978. This modification is done following the instructions of the Ministry of Justice, as the English word ‘Registrars’ and the French word ‘Greffiers’ are not exactly equivalent to the functions exercised by the ‘Secretarios Judiciales’ in the Spanish judicial system. Therefore, as the terms specific to the domestic laws (such as ‘Rechtspfleger’ and ‘Greffier’) are used in their own languages, given their singularity, according to the Ministry of Justice, the term ‘Secretarios Judiciales’ should be used without being translated in the text of the declaration made to Article 24 of said Convention. Spanje heeft op 28-04-2022 de volgende verklaring afgelegd: With regard to the communication that the United Kingdom addressed to the Secretariat General of the Council of Europe on 29 July 2019, concerning the intention of the United Kingdom to extend to Gibraltar the application of the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30), Spain, recalling that it is a Party to the said Convention, as well as to the Additional Protocol (ETS No. 99) and to the Second Additional Protocol (ETS No. 182) thereof, makes the following statement:
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11 | Bekrachtiging door het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland onder de verklaring voorzien in artikel 8, tweede lid, zich het recht voor te behouden de Hoofdstukken II en III niet te aanvaarden. Toepasselijkverklaring door het Verenigd Koninkrijk voor Jersey vanaf 02-10-2008. Het Verenigd Koninkrijk heeft op 27-06-2008 de volgende verklaring afgelegd: The Government of the United Kingdom proposes that, in accordance with Article 25, paragraph 5, of the Convention and Article 7, paragraph 2, of the Protocol thereto, the United Kingdom's ratification of the Convention and Additional Protocol be extended to the Bailiwick of Jersey, being a territory for whose international relations the United Kingdom is responsible. The reservations made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to Articles 2, 3, 5(1), 11(2), 12 and 21 of the Convention and Article 8(2) (with respect to Chapters II and III) of the Additional Protocol, will apply in respect to the Island of Jersey. I further have the honour to make the additional declarations on behalf of the Bailiwick of Jersey: In respect of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland requests that references to the ‘Ministry of Justice’ for the purposes of Article 11, paragraph 2, Article 15, paragraphs 1, 3 and 6, Article 21, paragraph 1, and Article 22 are to Her Majesty's Attorney General for Jersey. In accordance with Article 16, paragraph 2, the Governement of the United Kingdom of Great Britain and Northern Ireland reserves on behalf of the Island of Jersey the right to stipulate that requests and annexed documents shall be addressed to it accompanied by translations into English. On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland notes that the small jurisdiction of Jersey receives a disproportionately higher number of requests for mutual assistance than it makes. In the circumstances, on behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland expresses the wish that requesting parties be prepared to consider a refund of reasonable expenses outside the scope of what is set out in Article 20. On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland stipulates that a lack of agreement on the refunding of expenses will not affect the commitment of the Island of Jersey to the obligations contained in the Convention. In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland deems the following to be judicial authorities in the Island of Jersey: the Magistrate's Court and the Royal Court Her Majesty's Attorney General for Jersey In order that the provisions of Article 25, paragraph 5, of the Convention be fulfilled, I request that you circulate this Note to all other Contracting Parties on the basis that in the absence of receipt of a Note of objection within 90 days of the date of such circulation, an arrangement to this effect for the purposes of Article 25, paragraph 5, will be deemed to have been made between the United Kingdom and each of the Contracting Parties. Spanje heeft op 10-09-2008 het volgende bezwaar gemaakt tegen de door het Verenigd Koninkrijk afgelegde verklaring: With reference to the extension and application of the European Convention on Mutual Assistance in Criminal Matters of 1959 (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Island of Jersey, I have the honour to inform you that the competent Spanish authorities are in the process of examining the content of the Note prepared by the British authorities and communicated by the Depositary, as well as the mechanism used in order to reach a direct agreement as provided for by Article 25.5 of the Convention. Italië heeft op 03-10-2008 het volgende bezwaar gemaakt tegen de door het Verenigd Koninkrijk afgelegde verklaring: With reference to the United Kingdom's request for an extension of the scope of application of the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Bailiwick of Jersey, I have the honour to inform you that Italy accepts the above-mentioned extension of the Convention and the Protocol. Nevertheless, taking into account the very small number of Italian requests concerning the Bailiwick of Jersey and the bilateral treaties, Italy does not deem it necessary to consider a refund of expenses outside the scope of what is set out in Article 20. Toepasselijkverklaring door het Verenigd Koninkrijk voor Gibraltar vanaf 31-05-2022 onder de volgende verklaring: In accordance with Article 7, paragraph 2, of the Additional Protocol, the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom's ratification of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters shall be extended to the territory of Gibraltar for the international relations of which the United Kingdom is responsible. The reservation made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to Article 8(2) (with respect to Chapters II and III) of the Additional Protocol will apply in respect of Gibraltar. The United Kingdom declares in respect of Gibraltar that mutual legal assistance given in accordance with Chapter I of the Additional Protocol will be granted under the condition that all information and evidence provided will be used only in the criminal proceedings for which it was requested, unless Gibraltar expressly waives this requirement. In accordance with Article 8, paragraph 2(a), the United Kingdom declares that it reserves the right in respect of Gibraltar not to comply with letters rogatory for search and seizure of property in respect of fiscal offences. In accordance with Article 8, paragraph 2(a), the United Kingdom declares that it reserves the right in respect of Gibraltar to accept Chapter I of the Additional Protocol only for offences that are indictable under Gibraltar law. The Government of the United Kingdom of Great Britain and Northern Ireland considers that the extension of the Additional Protocol to the territory of Gibraltar shall take effect on the date of deposit of this declaration. |
12 | Bekrachtiging door Bulgarije onder de volgende verklaring: Déclaration relative à l'article 8, paragraphe 2: La République de Bulgarie déclare n'accepter l'exécution du Titre I du Protocole qu'en ce qui concerne les actes qui constituent des infractions selon la loi pénale bulgare. ’ |
13 | Bekrachtiging door Tsjechië onder de volgende verklaring: In compliance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters and Article 8 of its Additional Protocol, I declare that, for the purposes of the Convention and its Additional Protocol, the following authorities shall be considered as judicial authorities: the Office of the Supreme Prosecutor of the Czech Republic, the Regional and District Offices of the Prosecutors, the Town Prosecutor's Office in Prague, the Ministry of Justice of the Czech Republic, the Regional and District Courts and the Town Court in Prague. Tsjechië heeft op 04-03-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), the Czech Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Czech Republic in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Czech Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), the Czech Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office (and the declaration made in accordance with Article 15, paragraph 6, of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention) shall not apply in the case of the European Public Prosecutor’s Office). Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), the Czech Republic furthermore declares, for the European part of the Netherlands, that applications in accordance with Article 11 of the Convention (as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11), initiated by one of the European Delegated Prosecutors located in the Czech Republic, shall be transmitted by the Supreme Prosecutor’s Office of the Czech Republic. In accordance with Article 33(2) of the Second Additional Protocol, the Czech Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Czech Republic, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the Supreme Prosecutor’s Office of the Czech Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
14 | Bekrachtiging door Ierland onder de volgende verklaring: In accordance with Article 8, paragraph 2, the Government of Ireland reserves the right not to accept Chapters II and III. ’ |
15 | Bekrachtiging door Spanje onder het volgende voorbehoud: Le Gouvernement espagnol déclare conformément à l'article 8, paragraphe 2 qu'il se réserve le droit de ne pas exécuter les commissions rogatoires aux fins de perquisition ou saisie d'objets en matière d'infractions fiscales. (vertaling) |
16 | Ratificatie door Luxemburg onder de volgende verklaring: In accordance with the provisions of Article 8, paragraph 2, sub-paragraph a, the Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I of this Protocol only if the criminal fiscal offence constitutes a tax fraud within the meaning of paragraph 396, sub-paragraph 5, of the General Law on Taxes, or of paragraph 29, sub-paragraph 1, of the Law of 28 January 1948 aiming to ensure the correct and fair collection of registration and succession rights. The Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I only under the express condition that results of investigations made in Luxembourg and informations contained in transmitted documents or files will exclusively be used to instruct and judge the criminal offences for which the assistance is provided. Concerning Article 8, the Government of the Grand Duchy of Luxembourg considers that the Convention as it is extended by this Protocol does not imply the obligation to consent legal assistance if it is foreseeable that the means to be used are not suited to achieving the aim pursued by the request for assistance or if they overstep what is necessary to achieve it or if the execution may be prejudicial to essential interests of Luxembourg. The Government of the Grand Duchy of Luxembourg declares that rogatory letters for search or seizure received in pursuance of this Protocol and in conformity with the above-mentioned reservation, are not subject to the condition provided by Article 5 of the European Convention on Extradition of 13 December 1957. Luxemburg heeft op 14-12-2018 de volgende verklaring afgelegd: In accordance with Article 7, paragraph 2, and Article 8, paragraph 2, of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Government of the Grand Duchy of Luxembourg withdraws the reservation numbered 1 made at the time of ratification of the said Additional Protocol, on 2 October 2000. "In accordance with the provisions of Article 8, paragraph 2, sub-paragraph a, the Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I of this Protocol only if the criminal fiscal offence constitutes a tax fraud within the meaning of paragraph 396, sub-paragraph 5, of the General Law on Taxes, or of paragraph 29, sub-paragraph 1, of the Law of 28 January 1948 aiming to ensure the correct and fair collection of registration and succession rights." Luxemburg heeft op 13-04-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention, Luxembourg, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Luxembourg in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, Luxembourg avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention, Luxembourg declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, Luxembourg furthermore declares that applications in accordance with Article 11 of the Convention, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, Luxembourg declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Luxembourg, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Luxembourg and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
17 | Ratificatie door Georgië onder de volgende verklaring: In accordance with Article 8, paragraph 2. a of the Protocol, Georgia declares that it will execute the requests in respect of fiscal offences only dependant on the condition that the offence or its punishment is known to the Georgian legislation; herewith, Georgia reserves the right not to execute letters rogatory for search and seizure of property in respect of fiscal offences. In respect with Article 8, paragraph 2. b of the Protocol, Georgia reserves itself the right not to accept the binding force of the provisions of Chapter II. Georgia declares, that until the full jurisdiction of Georgia is restored on the territories of Abkhazia and Tskhinvali Region, it cannot be held responsible for the violations on these territories of the provisions of Additional Protocol. . |
18 | Ratificatie door Azerbeidzjan onder het volgende voorbehoud: In accordance with Article 8, paragraph 2, of the Protocol, the Republic of Azerbaijan reserves the right to accept Chapter I only in respect of acts which are offences under the criminal legislation of the Republic of Azerbaijan, and not to accept Chapters II and III. . |
19 | Ratificatie door Azerbeidzjan onder de volgende verklaring: ‛ The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation. ’ . |
20 | Ratificatie door Armenië onder de volgende voorbehouden: According to Article 8, paragraph 2, of the Protocol, the Republic of Armenia declares that:
. |
21 | Verklaring van voortgezette gebondenheid van Montenegro op 06-06-2006. |
22 | Verklaring van voortgezette gebondenheid van Montenegro op 06-06-2006. |
23 | Toetreding door Chili onder de volgende verklaring: Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory of any kind in proceedings concerning contraventions of regulations governing international transfer of capital and payments, dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts. Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory for search or seizure of property in respect of other fiscal offences dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts. Regarding Article 8 of the Additional Protocol, the Federal Republic of Germany proceeds on the understanding that under the scope of application of the Convention, as extended by the Additional Protocol, there is no obligation to render assistance in the event that the effort and expenses to be expected in executing the letters rogatory are disproportionate to the subject-matter and execution could thus prejudice essential German interests. |
24 | Oekraïne heeft op 16-10-2015 de volgende verklaring afgelegd: In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law. The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol. In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed. Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation. The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv. Oekraïne heeft op 19-04-2022 de volgende verklaring afgelegd: The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine. Oekraïne heeft op 07-12-2023 de volgende verklaring afgelegd: […] Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine. The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below: |
25 | België heeft op 16-02-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Kingdom of Belgium, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Belgium in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Kingdom of Belgium avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Belgium declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Belgium furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the federal public service Justice (Ministry of Justice) of the Kingdom of Belgium. In accordance with Article 33(2) of the Second Additional Protocol, the Kingdom of Belgium declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Kingdom of Belgium, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the Federal Prosecutor’s Office of the Kingdom of Belgium and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
26 | Roemenië heeft op 07-04-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), Romania, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Romania in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, Romania avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Romania declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 (2) of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Romania furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, Romania declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Romania, act in the capacity of competent authority in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Romania and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
27 | Slowakije heeft op 06-04-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), the Slovak Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Slovak Republic in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Slovak Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Slovak Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Slovak Republic furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the Slovak Republic. In accordance with Article 33(2) of the Second Additional Protocol, the Slovak Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Slovak Republic, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the General Prosecutor’s Office of the Slovak Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
28 | Malta heeft op 19-05-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), the Republic of Malta, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Malta in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Malta avails itself of the opportunity to interpret the legal effects of that declaration as follows:
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29 | Litouwen heeft op 07-09-2021 de volgende verklaring afgelegd: Declarations of the Republic of Lithuania relating to the competence of the European Public Prosecutor’s Office
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30 | Slovenië heeft op 14-10-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Slovenia, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Slovenia in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Slovenia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Slovenia declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor’s Office(s) of that Member State. The EPPO shall, where appropriate, forward a request for mutual assistance to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Slovenia furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the Republic of Slovenia. In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Slovenia declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate in the territory of the Republic of Slovenia, act in the capacity of a “competent authority” in accordance with Article 20 of the Protocol only with the prior consent of the judicial authorities of the Republic of Slovenia and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
31 | Letland heeft op 23-12-2021 de volgende verklaring afgelegd: In accordance with Article 24 of the European Convention […], done at Strasbourg, on 20 April 1959, as amended by Article 6 of the Second Additional Protocol to the European Convention[…], done at Strasbourg on 8 November 2001, the Republic of Latvia, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be the judicial authority for the purpose of receipt of information in accordance with Articles 22, 23 and 25 of the Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Latvia in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Latvia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the European Convention […], done at Strasbourg on 20 April 1959, as amended by Article 4 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 8 November 2001, the Republic of Latvia declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office (“EPPO”) and the declaration made in accordance with Article 15 (6) of the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor’s Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15, paragraph 6, of the European Convention […], done at Strasbourg on 20 April 1959, as amended by Article 4 of the Second Additional Protocol to the European Convention [..], done at Strasbourg on 8 November 2001, the Republic of Latvia declares that requests for assistance shall be sent through: State Police of the Republic of Latvia – during pre-trial criminal proceedings until commencement of criminal prosecution […] General Prosecutors Office – during pre-trial criminal proceedings […] The Ministry of Justice – during the trial […] |
32 | Portugal heeft op 24-08-2022 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the Portuguese Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, of 12 October 2017, shall be deemed to be a judiciary authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judiciary authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 3 / 5 2017/1939. This declaration is intended to supplement the previous declaration made by the Portuguese Republic in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Portuguese Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Portuguese Republic declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Offices of that Member State. The European Public Prosecutor’s Office shall, where appropriate, forward such request to the competent national authorities if the European Public Prosecutor’s Office either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Portuguese Republic furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that European Union Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, the Portuguese Republic declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Portugal, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the Portuguese authorities (Minister of Justice) and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
33 | Cyprus heeft op 27-04-2023 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Cyprus, in its capacity as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Cyprus, in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Cyprus avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Cyprus declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Cyprus furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice and Public Order. In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Cyprus declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Republic of Cyprus, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the Attorney General of the Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
34 | Griekenland heeft op 05-07-2023 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention, the Hellenic Republic as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. With reference to this declaration made in accordance with Article 24 of the Convention, the Hellenic Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention, the Hellenic Republic declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, the Hellenic Republic furthermore declares that applications in accordance with Article 11 of the Convention, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. |
35 | Estland heeft op 07-11-2023 de volgende verklaring afgelegd: In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Estonia, in its capacity as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Estonia, in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Estonia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Estonia declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case. In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Estonia furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice. In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Estonia declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Republic of Estonia, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the Attorney General of the Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |