Annex Declarations to be annexed to the Convention and published in the Official Journal

With reference to the exceptions to the obligation to provide assistance under Article 28 of the Convention, Italy declares that the execution of mutual assistance requests, on the basis of the Convention, concerning infringements which under Italian law are not infringements of national or community customs provisions, may — for reasons relating to the subdivision of competence among domestic authorities in prevention and prosecution of crimes — harm the public policy or other national essential interests.

Denmark and Finland declare that they interpret the term ‘judicial authorities’ or ‘judicial authority’ in Articles 1(2) and 3(2) of the Convention in the sense of their declarations made pursuant to Article 24 of the European Convention on Mutual Assistance in Criminal Matters, signed in Strasbourg on 20 April 1959.

Denmark declares, as far as it is concerned, that Article 4(3), second indent, covers only actions by which a person participates in the commission by a group of people, acting toward a common goal, of one or more of the infringements concerned, including situations where the person concerned does not take part in the actual commission of the offence or offences in question; such participation must be based on knowledge of the purpose and general criminal activities of the group, or on knowledge of the group's intention to commit the offence(s) in question.

Denmark declares, as far as it is concerned, that Article 4(3), third indent, applies only to the predicate offences in respect of which at any time receiving stolen goods is punishable under Danish law, including section 191a of the Danish Criminal Code on receiving stolen drugs and section 284 of the Criminal Code on receiving goods in connection with smuggling of a particularly aggravated nature.

Denmark, Finland and Sweden declare that the liaison officers referred to in Article 6(4) may also represent the interest of Norway and Iceland or vice versa. The five Nordic Countries have since 1982 had an arrangement whereby the stationed liaison officers from one of the countries involved also represent the other Nordic Countries. This arrangement was made in order to strengthen the fight against drug trafficking and to limit the economic burden imposed on individual countries by the stationing of the liaison officers. Denmark, Finland and Sweden attach great importance to the continuation of this arrangement, which operates well.

Denmark declares that it accepts the provisions of Article 20, subject to the following conditions:

In case of a hot pursuit exercised by the customs authorities of another Member State at sea or through the air, such pursuit may be extended to Danish territory, including Danish territorial waters and the airspace above Danish territory and territorial waters, only if the competent Danish authorities have received prior notice thereof.

Denmark declares that it accepts the provisions of Article 21, subject to the following conditions:

Cross-border surveillance without prior authorization may be carried out only in accordance with Article 21(2) and (3) if there are serious grounds for believing that the persons under observation are involved in one of the infringements referred to in Article 19(2) which could give rise to extradition.

Member States undertake to keep each other informed in the Council on measures taken to ensure that the commitments referred to in point (i) are observed.

At the time of the signing of this Convention, the following declared that they accepted the jurisdiction of the Court of Justice in accordance with the procedures laid down in Article 26(5):

Ireland in accordance with the procedures laid down in Article 26(5)(a);

the Federal Republic of Germany, the Hellenic Republic, the Italian Republic and the Republic of Austria in accordance with the procedures laid down in Article 26(5)(b).