Partijen en gegevens

In accordance with Article 24(1) of the Convention referred to in the preceding paragraph, the Portuguese Republic declares that ‘competent authorities’ should be taken to mean:

In accordance with Article 20(4)(d) of the Convention, the Portuguese Republic designates the Policia Judiciária (Criminal Police), via its Departamento Central de Cooperaço Internacional (DCCI — Central Department for International Cooperation), as contact point for the purposes of Articles 18, 19 and 20 of the Convention.

In accordance with Article 6(7) of the Convention, the Portuguese Republic declares that requests under paragraphs 5 and 6 of the same Article are to be forwarded to the Procuradoria Geral da República (Office of the Chief Public Prosecutor of the Republic) whenever the Portuguese Republic is the requested State; in accordance with the same provisions, it declares that, whenever the Portuguese Republic is the requesting State, requests may be made by the Portuguese administrative authorities which have powers conferred by Portuguese law.

In accordance with Article 18(7) of the Convention, the Portuguese Republic is bound by paragraph 6 of the same Article only when the Portuguese authorities are unable to provide immediate transmission.

In accordance with, and for the purposes of, Article 27(5) of the Convention, the Portuguese Republic applies this Convention in its relations with other Member States which have made the same declaration.

In connection with its accession to the Convention, Denmark declares as follows:

Article 9(6) of the Convention Before an agreement is reached under paragraph 1 of this Article, the consent referred to in paragraph 3 will be required if the person to be transferred is a Finnish national. Article 24 of the Convention For the application of Article 6 of the Convention, including Article 6(8), the central authority is the Ministry of Justice. For the purposes of Article 6(5) of the Convention, the competent police and customs authorities are the police authorities, the customs authorities and border guard officials when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. The competent authorities for the purposes of Articles 18, 19 and 20 are the police authorities and, within their own sphere of competence, the customs authorities when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. As regards police authorities, requests in accordance with Articles 18, 19 and 20 are received and forwarded via the National Bureau of Investigation. The National Bureau of Investigation also acts as the contact point in accordance with Article 20(4)(d). Article 27(5) of the Convention Before the Convention enters into force between States, Finland will apply the Convention in its relations with Member States which have made the same declaration.

Under Article 24(1)(b), Spain designates as central authority, in accordance with Article 6(2), the Ministry of Justice (Directorate-General for Legislative Policy and International Judicial Cooperation).

Under Article 24(1)(e) and for the purposes of Articles 18 and 20, the competent authority is the ‘Audiencia Nacional’ (National High Court), when Spain is the requested State. With reference to paragraph 4 of Article 20 on the designation of contact points to be on duty twenty-four hours a day, Spain's contact points will be the ‘Juzgados de Instrucción’ (magistrates courts) and the ‘Juzgados Centrales de Instrucción de Guardia’ (central duty magistrates' courts).

In accordance with Article 27(5) of the Convention, the Kingdom of Spain applies this Convention in its relations with other Member States which have made the same declaration.

Amendments to the statement made by the Kingdom of Spain in accordance with Article 24 of the Convention on mutual assistance:

Under Article 24(1)(b), Spain designates as central authority, in accordance with Article 6(2), the Ministry of Justice (Directorate-General for International Judicial Cooperation and Relations with Religious Groups).

Under Article 24(1)(e) and for the purposes of Article 18 and Article 20 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, the competent authority will be the judicial body established following the application of the usual rules concerning establishment of jurisdiction, as provided for under law.

With reference to Article 20(4) on the designation of contact points to be on duty twenty-four hours a day, Spain's contact points will be the on-call departments of the relevant body.

In accordance with Article 10(9) the Kingdom of the Netherlands declares that the first subparagraph of Article 10(9) will not be applied.

In accordance with Article 24(1) the Kingdom of the Netherlands declares that the authorities indicated in the European Mutual Assistance Convention and the Benelux Treaty are competent for the application of this Convention and the Protocol thereto and are in addition designated as:

In accordance with Article 27(5) the Kingdom of the Netherlands declares that until its entry into force the Convention will be applied in its relations with Member States which have made the same declaration.

Overeenkomstig artikel 24, lid 1, van de Overeenkomst betreffende de wederzijdse rechtshulp in strafzaken tussen de lidstaten van de Europese Unie van 29 mei 2000 („de Overeenkomst”) is de verklaring met betrekking tot het Europees Verdrag aangaande de wederzijdse rechtshulp in strafzaken van 1959 en de bijbehorende protocollen die door Nederland op 26 februari 2021 bij de Raad van Europa is afgelegd, ook van toepassing op de Overeenkomst.

Overeenkomstig artikel 24, lid 1, van de Overeenkomst verklaart Nederland dat het Europees Openbaar Ministerie (EOM) bij de uitoefening van zijn bevoegdheden zoals bepaald in de artikelen 22, 23 en 25 van Verordening (EU) 2017/1939 van de Raad bevoegd is overeenkomstig artikel 18 van de Overeenkomst verzoeken te doen en overeenkomstig artikel 19, lid 2, en artikel 20, leden 1 tot en met 5, van de Overeenkomst als bevoegde autoriteit op te treden.

Verzoeken die tot het EOM als aangezochte autoriteit worden gericht, dienen te worden toegezonden aan het centraal bureau van het EOM. In dringende gevallen kunnen deze rechtstreeks aan een gedelegeerd Europees aanklager in Nederland worden toegezonden. In dergelijke gevallen dient een kopie te worden toegezonden aan het centraal bureau van het EOM. De kennisgeving op grond van artikel 24, lid 1, punt b), van de Overeenkomst waarin is bepaald dat verzoeken of mededelingen via de centrale autoriteit dienen te worden toegezonden, is niet van toepassing op verzoeken of kennisgevingen die zijn uitgevaardigd door of gericht aan het EOM.

In accordance with its national legislation, Romania designates the following authorities as competent for the application of the Convention:

In accordance with paragraph 6 of Article 9 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union, Council Declaration on Article 10(9), Declaration by the United Kingdom on Article 20, the Republic of Latvia declares that, before an agreement is reached for temporarily transfer of person referred in paragraph 1 of Article 9, the consent to the transfer from the person concerned shall be requested in all cases;

In accordance with Article 24 of the Convention the Republic of Latvia declares that the designated central authorities competent for application of said Convention and application between the Member States of the provisions on mutual assistance in criminal matters are the same that are designated by declaration of the Republic of Latvia pursuant to the Convention on Mutual Assistance in Criminal Matters;

In accordance with part (e) of paragraph 1 Article 24 of the Convention the Republic of Latvia declares that the designated competent authority for purposes of the application of Article 18, 19 and 20(1) to (5) is:

Central Criminal Police

Brivibas Boulevard 61

Riga, LV-1010

Latvia

Phone: +371 7075031

Fax: +371 7075053

E-mail: kancvp.gov.lv.

And whereas, pursuant to paragraph 7 of Article 6 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by the provisions of the first sentence of paragraph 5 and paragraph 6 of Article 6 of the Convention;

And whereas, pursuant to Article 24 of the Convention, the Seimas of the Republic of Lithuania declares that:

Pursuant to paragraph 5 of Article 27 of the Convention the Seimas of the Republic of Lithuania declares that if the Convention is not yet in force by the accession of the Republic of Lithuania to the European Union the Convention shall apply to the relations between the Republic of Lithuania and the other Member States of the European Union that have made the same declaration.

Re Article 24(1) of the Convention:

Austria declares in accordance with Article 24(1) that the authorities competent for the application of the Convention are those already indicated in the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, and names the district administrations and federal police authorities as the competent administrative authorities within the meaning of Article 3(1);

the Federal Ministry of Justice as the competent central authority within the meaning of Article 6(2) and (8);

the public prosecutor's office in whose jurisdiction the border is expected to be crossed or from whose jurisdiction the controlled delivery is to start as the competent authorities within the meaning of Article 6(5) and for requests under Article 12;

the examining magistrate of the regional Court of First Instance for requests under Article 13;

the Court of First Instance from whose jurisdiction the operation is expected to be launched for requests under Article 14;

the district administrations and federal police authorities as the competent authorities within the meaning of Article 6(6);

the examining magistrate of the regional Court of First Instance as the competent authority within the meaning of Articles 18, 19 and 20(1) to (5);

SIRENE Austria as the competent authority for the notification under Article 20(2).

Re Article 27(5) of the Convention:

Austria declares in accordance with Article 27(5) that it will apply this Convention in its relations with Member States which have made the same declaration until the entry into force of the Convention.

Partial modification of the declarations of Austria in accordance with Article 24

Responsibility for dealing with requests for assistance has been amended by Article 11 of the Law accompanying the reform of criminal procedure, Federal Law Gazette No 112/2007.

The Austrian statement on Article 24(1) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 is hereby amended accordingly, to the effect that the competent authorities under Articles 13, 14, 18, 19 and 20(1) to (5)are as follows:

The Austrian statement on Article 24(1) of the Convention is otherwise unchanged.

Re Article 24(1) of the Convention:

Austria declares in accordance with Article 24(1) that the authorities competent for the application of the Convention are those already indicated in the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, and names the district administrations and federal police authorities as the competent administrative authorities within the meaning of Article 3(1);

the Federal Ministry of Justice as the competent central authority within the meaning of Article 6(2) and (8);

the public prosecutor's office in whose jurisdiction the border is expected to be crossed or from whose jurisdiction the controlled delivery is to start as the competent authorities within the meaning of Article 6(5) and for requests under Article 12;

the examining magistrate of the regional Court of First Instance for requests under Article 13;

the Court of First Instance from whose jurisdiction the operation is expected to be launched for requests under Article 14;

the district administrations and federal police authorities as the competent authorities within the meaning of Article 6(6);

the examining magistrate of the regional Court of First Instance as the competent authority within the meaning of Articles 18, 19 and 20(1) to (5);

SIRENE Austria as the competent authority for the notification under Article 20(2).

Re Article 27(5) of the Convention:

Austria declares in accordance with Article 27(5) that it will apply this Convention in its relations with Member States which have made the same declaration until the entry into force of the Convention. Responsibility for dealing with requests for assistance has been amended by Article 11 of the Law accompanying the reform of criminal procedure, Federal Law Gazette No 112/2007. The Austrian statement on Article 24(1) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 is hereby amended accordingly, to the effect that the competent authorities under Articles 13, 14, 18, 19 and 20(1) to (5) are as follows:

The Austrian statement on Article 24(1) of the Convention is otherwise unchanged.

In accordance with Article 24 of the Convention, the Kingdom of Belgium states that the competent authorities for the application of the Convention are the judicial authorities and, where the intervention of a central authority is required, the Directorate-General of Legislation, Fundamental Freedoms and Rights at the Federal Department of Justice (Service public fédéral Justice, Direction générale de la Législation et des Libertés et Droits fondamentaux, Autorité centrale d'entraide pénale, Boulevard de Waterloo 115, 1000 Bruxelles).

As stated in the Declaration made in connection with the 1959 Convention on Mutual Assistance, the Kingdom of Belgium defines ‘judicial authorities’ as ‘members of the judicial authority responsible for delivering rulings, examining magistrates and members of the Public Prosecutor's Office’.

The Kingdom of Belgium does not designate any non-judicial authority for the application of the Convention.

Article 6(7):

Pursuant to Article 6(7), France declares that it is not bound by the first sentence of Article 6(5), or by Article 6(6). Article 10(9): France declares that it will not apply the first subparagraph of Article 10(9), to accused persons when appearing before the trial court.

Article 24(1):

France declares that, in addition to those judicial authorities which the French Government previously indicated when it signed the European Mutual Assistance Convention, its competent authorities are as follows:

France declares that, for the purposes of the European Convention on Mutual Assistance in Criminal Matters, enforcement judges and regional parole courts must also be considered to be French judicial authorities.

Article 27(5):

France declares that, pursuant to Article 27(5), it will apply this Convention in its relations with Member States which have made the same declaration.

In accordance with Article 24 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Republic of Slovenia declares the following:

Statements:

The Republic of Hungary makes the following declaration in accordance with Article 24 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.

With regard to Article 3(1) of the Convention: the Chief Prosecutor receives and presents requests in accordance with this Article.

With regard to Article 6(5) and (6) of the Convention: the central authorities receive and present requests in accordance with this Article. The Chief Prosecutor and the Ministry of Justice are the central authorities.

With regard to Article 6(8) of the Convention: The Ministry of Justice receives and presents requests for the temporary transfer of persons held in custody. The Chief Prosecutor receives and presents requests for information concerning convictions.

With regard to Article 10(9): The hearing of an accused person may be conducted by videoconference only if consent is given in writing.

With regard to Articles 18, 19 and 20: The Chief Prosecutor shall receive and present requests in accordance with these Articles. The contact point on duty twenty-four hours a day in accordance with Article 20(4) is the NEBEK (International Centre for Cooperation in Criminal Matters).

Declarations

Reservations

Article 6

As provided for by Article 6(3), the United Kingdom declares that requests for mutual assistance must be sent to one of the three authorities designated as central authorities by virtue of its declaration under Article 24(1)(b). In limitation of this declaration, requests for mutual assistance in revenue and customs matters (including direct and indirect tax offences and import and export offences) my alternatively be sent to HM Revenue and Customs. Communications relating to requests, including return of evidence, may subsequently be made directly between the requesting and executing authority.

Article 9

As provided for by Article 9(6), the United Kingdom requires the written consent of a person in custody in order to authorise temporary transfer.

Article 10

As provided for by Article 10(9), the United Kingdom will not apply the provisions of article 10 to hearings by videoconference involving an accused person.

Article 18

As provided for by Article 18(7), the United Kingdom will be bound by paragraph 6 only when it is unable to provide immediate transmission.

Article 20

The United Kingdom reaffirms the declaration it made upon signature of the Convention, which forms an agreed, integral part of the Convention, and which reads as follows: ‘In the United Kingdom, Article 20 will apply in respect of interception warrants issued by the Secretary of State to the police service or HM Customs and Excise where, in accordance with national law on the interception of communications, the stated purpose of the warrant is the detection of serious crime. It will also apply to such warrants issued to the Security Service where, in accordance with national law, it is acting in support of an investigation presenting the characteristics described in Article 20(1).’ The reference to HM Customs and Excise should now be read as the Commissioners for HM Revenue and Customs, as a result of changes made by the Commissioners of Revenue and Customs Act 2005.

Article 24

In accordance with Article 24(1), the United Kingdom declares that the authorities competent for the application of the Convention are those already indicated in the European Mutual Assistance Convention and: In accordance with Article 24(1)(b), the following authorities are central authorities for the purposes of applying Article 6 and for requests referred to in Article 6(8):

The Home Office for England and Wales The Crown Office for Scotland The Northern Ireland Office for Northern Ireland

In accordance with Article 24(1)(c), and in addition to the authorities already listed, the following authorities are also competent for the purpose of article 6(5):

Scottish Drugs Enforcement Agency (SDEA) Chief Officers of Police in England and Wales and the Chief Constable of the Police Service of Northern Ireland In accordance with Article 6(4), the United Kingdom reaffirms that these requests may be transmitted via the National Central Bureau of Interpol.

In accordance with Article 24(1)(e), for the purpose of the application of Articles 18, 19 and 20, the competent authority for England and Wales is the Secretary of State for the Home Department, for Northern Ireland is the Secretary of State for Northern Ireland and for Scotland is the Scottish Ministers. The contact point on duty twenty-four hours a day for the purposes of Article 20(4)(d) is the National Central Bureau of Interpol.

In accordance with Article 24, of the Convention on Mutual Assistance in Criminal Matters, the Republic of Cyprus declares that the designated authorities for the application of the provisions of the aforesaid Convention between the Member States are as follows:

Pursuant to Article 9 paragraph 6 of the Convention, the Republic of Cyprus declares that, before an agreement is reached, under Article 9, paragraph 1, the written consent referred to in paragraph 3 is required. Pursuant to Article 28 paragraph 5 and Article 27 paragraph 5 of the Convention, the Republic of Cyprus declares that if the Convention is not yet in force by the time of deposition of this Declaration, the Convention shall apply to the relations between the Republic of Cyprus and the other Member States that have made the same declaration.

Re Article 9(6) Where persons held in custody are temporarily trans-ferred for purposes of investigation, the consent of the persons con-cerned in accordance with Article 9(3) will generally be required for the purposes of reaching the agreement referred to in Article 9(1).

Re Article 10(9) Application of the first subparagraph of Article 10(9) (Hearing of an accused person by videoconference) is not excluded in principle. However, such hearings can be conducted only on a voluntary basis (Article 10(9), third subparagraph).

Moreover, pursuant to the national law of the Federal Republic of Ger-many, no costs may be imposed or regulatory measures laid down against a witness or expert (Article 10(1)) who fails to respond to an invitation to a hearing by videoconference to be conducted by a foreign judicial authority.

With reference to Article 24(1)(e) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Federal Government has the honour to inform the Secretary General of the Council that the competent contact point in accordance with Article 20(4)(d) is the following: Bundeskriminalamt 65173 Wiesbaden Phone: 0049 (0) 611-55-13101 Fax: 0049 (0) 611-55-12141 e-Mail: mail@bka.bund.de

Pursuant to Article 24(1)(d) of the abovementioned Convention, the Federal Republic of Germany nominates the administrative authorities listed hereafter as being responsible for the application of Article 6(6):

In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that it is not bound by the first sentence of Article 6(5) of the Convention.

In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that, pursuant to Article 6(6) of the Convention, requests made by administrative authorities under Article 3(1) of the Convention are sent to the judicial authorities of the Czech Republic, and therefore cannot be sent directly to the administrative authorities of the Czech Republic.

In accordance with Article 9(6) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the consent stipulated in Article 9(3) of the Convention will be required before an agreement is concluded on the temporary transfer of an individual under Article 9(1) of the Convention.

In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests for controlled under Article 12 of the Convention is the Regional Prosecutor's Office in Prague, Husova 11, 110 01 Prague 1, tel.: +420 222 111 700, fax: +420 222 220 075.

In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests to set up joint investigation teams under Article 13 of the Convention is the Supreme Prosecutor's Office of the Czech Republic, International Department, Jezuitská 4, 660 55 Brno, tel.: +420 542 512 416, fax: +420 542 512 414.

In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests for covert investigations under Article 14 of the Convention is the Chief Prosecutor's Office in Prague, námesti Hrdinu 1300, 140 65 Prague 4, tel.: +420 261 196 111, fax: +420 241 401 400.

In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the central authority referred to in Article 6(8) of the Convention is the Ministry of Justice of the Czech Republic. In accordance with Article 24(1)(e) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the contact point referred to in Article 20(4)(d) of the Convention is the Police Headquarters of the Czech Republic, International Police Cooperation Division, Interpol Bureau, Strojnická 27, 170 89 Prague 7, tel.: +420 974 834 380, fax: +420 974 834 716.

Statements and Reservation of the Slovak Republic according to the Article 24 and Article 25 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

In accordance with the Article 24 paragraph 1, in addition to the authorities already indicated in the Declaration of the Slovak Republic to the European Convention on Mutual Assistance in Criminal Matters, the Slovak Republic declares that for the application of this convention are competent the following authorities:

In accordance with Article 9 paragraph 6 the Slovak Republic declares that it shall require the consent of the person with a transfer before an agreement on temporary transfer of the person held in custody or serving the imprisonment sentence for the purpose of investigation is reached. In accordance with Article 6 paragraph 7 the Slovak Republic reserves its right not to be bound by the first sentence of paragraph 5 and by paragraph 6 of the Article 6.

For purposes of Article 6(7), Malta declares that it is bound by the first sentence of paragraphs (5) and (6) of this Article;

For purposes of Article 9(6), Malta declares that before an agreement is reached on the temporary transfer of a person held in custody for the purposes of investigation, the consent referred to in 9(3) will be required;

For purposes of Article 18(7), Malta declares that it will only be bound by paragraph 6 of the same Article when it is unable to provide immediate transmission.

Pursuant to Article 24 Malta declares that:

In accordance with Article 6(7) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Government of the Grand Duchy of Luxembourg declares that it is not bound either by the first sentence of Article 6(5) nor by Article 6(6). In accordance with Article 18(7) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Government of the Grand Duchy of Luxembourg declares that it is bound by paragraph 6 of Article 18 only when it is unable to provide immediate transmission of telecommunications.

In accordance with the provisions of Article 23 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on 29 May 2000, (hereinafter ‘the Convention’), the Government of the Grand-Duchy of Luxembourg hereby declares that, where personal data are communicated by the Grand-Duchy of Luxembourg under this Convention to another Member State, the Grand-Duchy of Luxembourg may, subject to the provisions of Article 23(1)(c) of the Convention, in the circumstances of a particular case, require that, unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand-Duchy of Luxembourg in respect of proceedings for which the Grand-Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1 of the Convention. If in the circumstances of a particular case the Grand-Duchy of Luxembourg refuses to give its consent following a request by a Member State in application of the provisions of paragraph 1, it will indicate the reasons for its decision in writing.

In accordance with Article 24 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Government of the Grand Duchy of Luxembourg declares that the competent authorities for the application of the Convention are the judicial authorities and that when the involvement of a central authority is required, it is the Chief Public Prosecutor, Cité judiciaire, Bâtiment CR, L-2080 Luxembourg. In accordance with the statement made in Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Government of the Grand Duchy of Luxembourg understands the ‘judicial authority’ to be ‘members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.’

In accordance with the provisions of Article 23 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on 29 May 2000, (hereinafter ‘the Convention’), the Government of the Grand-Duchy of Luxembourg hereby declares that, where personal data are communicated by the Grand-Duchy of Luxembourg under this Convention to another Member State, the Grand-Duchy of Luxembourg may, subject to the provisions of Article 23(1)(c) of the Convention, in the circumstances of a particular case, require that, unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand-Duchy of Luxembourg in respect of proceedings for which the Grand-Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1 of the Convention. If in the circumstances of a particular case the Grand-Duchy of Luxembourg refuses to give its consent following a request by a Member State in application of the provisions of paragraph 1, it will indicate the reasons for its decision in writing. Done at Brussels on 29 May 2000 on the occasion of the signing of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union.

In accordance with Article 6(7) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (hereinafter referred to as ‘the Convention’), the Government of the Grand Duchy of Luxembourg declares that it is not bound either by the first sentence of Article 6(5) nor by Article 6(6). In accordance with Article 18(7) of the Convention, the Government of the Grand Duchy of Luxembourg declares that it is bound by paragraph 6 of Article 18 only when it is unable to provide immediate transmission of telecommunications.

In accordance with Article 23 of the Convention, the Government of the Grand Duchy of Luxembourg declares that, when it communicates personal data to another Member State, it may, subject to Article 23(1)(c), in the circumstances of the particular case require that unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand Duchy of Luxembourg in respect of proceedings for which the Grand Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of the Convention or the instruments referred to in Article 1 thereof. If, in a particular case the Grand Duchy of Luxembourg refuses to give its consent to a request from a Member State pursuant to the provisions of paragraph 1, it must give the reasons for its decision in writing.

In accordance with Article 24 of the Convention, the Government of the Grand Duchy of Luxembourg declares that the competent authorities for the application of the Convention are the judicial authorities and that when the involvement of a central authority is required, it is the Chief Public Prosecutor, Cité judiciaire, Bâtiment CR, L-2080 Luxembourg. In accordance with the statement made in Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Government of the Grand Duchy of Luxembourg understands the ‘judi-cial authority’ to be ‘members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.’

In accordance with Article 6(3) of the Convention Ireland declares that requests for mutual assistance must be sent via the central authority designated by virtue of its declaration under Article 24(1)(b), namely the Minister for Justice and Equality.

In accordance with Article 9(6) of the Convention, Ireland declares that, prior to an agreement being reached to temporarily transfer a person held in custody in accordance with Article 9(1), the consent of the person concerned will be required.

In accordance with Article 14(4) of the Convention, Ireland declares that it is not bound by the provisions of the said Article 14.

In accordance with Article 24(1) of the Convention, Ireland declares that the authorities competent for the application of the Convention and its Protocol are those judicial authorities designated by Ireland in accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959.

In accordance with Article 24(1)(b) of the Convention, Ireland declares that the central authority for the purposes of Article 6(1) and Article 6(8) of the Convention is the Minister for Justice and Equality.

In accordance with Article 24(1)(c) of the Convention, Ireland declares that the authorities competent for the purposes of Article 6(5) are the Commissioner of An Garda Síochána (the Irish police service) and the Revenue Commissioners.

In accordance with Article 24(1)(e) of the Convention, Ireland declares that the authority competent for the purposes of the application of Article 18, Article 19, and Article 20(1) to (5) is the Minister for Justice and Equality. The contact point on duty twenty-four hours a day, designated under Article 20(4)(d), is An Garda Síochána (the Irish police service).