Partijen en gegevens

Bearing in mind Paragraph 4 of Article 12 of the Convention, the Republic of Cyprus declares that it recognizes the competence of the European Court of Justice as provided for in Paragraph 3 of Article 12 of the Convention.

With reference to Article 7(2), the reservation is made that in the circumstances described in the first phrase of Article 7(1)(b), Denmark may make Danish jurisdiction conditional on the offence also being punishable under the legislation of the country in which the offence was committed (double criminality).

With reference to Article 10(2)(a) to (c), Denmark shall not be bound by Article 10(1) in the cases listed in Article 10(2)(a), (b) and (c). As regards the acts listed in Article 10(2)(b), this declaration covers offences under Chapter 12 (Offences against the independence and safety of the State), Chapter 13 (Offences against the Constitution and the supreme authorities of the State) and Chapter 14 (Offences against public authority) of the Danish Criminal Code, and offences which may be similarly categorised.

Denmark understands Article 10(2)(b) inter alia to include acts described in §8(1) of the Danish Criminal Code. Furthermore, Denmark interprets Article 10 as only applying to the ability to impose punishment, not the ability to deprive someone of their rights. With reference to Article 12(4), Denmark accepts that any court in Denmark may request the Court of Justice of the European Communities to give a preliminary ruling on a matter concerning the interpretation of Articles 1 to 4 and 12 to 16 raised in a case pending before it and involving members or officials of Community institutions or bodies set up in accordance with the Treaties establishing the European Communities, acting in the exercise of their functions, if the court considers that decision on that matter is necessary to enable it to give judgment.

With reference to Article 13(4), Denmark declares that the Convention shall apply to it from the first day of the month following the expiry of a period of 90 days after the date of deposit of its declaration, in its relationships with those States which have made the same declaration.

The Faroe Islands and Greenland are not covered by the Convention for the time being.

Re Article 10: The Federal Government declares in accordance with Article 10(2)(a) that the Federal Republic of Germany is not bound by Article 10(1) if the act which was the subject of the judgment rendered abroad took place entirely or partly on its territory, unless the act took place partly on the territory of the Member State where the judgment was rendered.

Re Article 12: The Federal Government declares in accordance with Article 12(4) that the Federal Republic of Germany recognises the decisions of the Court of Justice of the European Communities. A national court against whose decisions there is no judicial remedy under national law shall refer matters to the Court of Justice of the European Communities for a preliminary ruling pursuant to Article 12(3), if it considers that a decision on those matters is necessary to enable it to give judgment.

Re Article 13: The Federal Government declares in accordance with Article 13(4) that as far as the Federal Republic of Germany is concerned, this Convention shall apply to its relations with Member States that have made the same declaration from the first day of the month following the expiry of a period of 90 days after the date of deposit of its declaration.

The Republic of Estonia declares that pursuant to Article 12, paragraph 4 of the Convention a court of Estonia may ask the European Court of Justice to give a preliminary ruling on a matter concerning the interpretation of the Convention raised in a case pending before it, if it considers that a decision on that matter is necessary to enable it to give judgement.

Reservation in respect of Article 7: The Netherlands Government declares that with regard to Article 7(1), jurisdiction may be exercised by the Netherlands in the following cases:

Reservation in respect of Article 7 of the Convention:

The Government of the Netherlands, for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), declares that with regard to Article 7(1), jurisdiction may be exercised by the Netherlands in the following cases:

… And whereas, having regard to Paragraph 2 of Article 7 of the Convention the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not apply the jurisdiction rules provided for in Subparagraphs c and d of Paragraph 1 of Article 7 of this Convention;

And whereas, having regard to Paragraph 4 of Article 12 of the Convention the Seimas of the Republic of Lithuania declares that the Republic of Lithuania recognizes the competence of the International Court of Justice as provided for in Paragraph 3 of Article 12 of the Convention.

Spain declares, in accordance with Article 15, and in relation to Article 10(2), that it is not bound by paragraph 1 of that Article in the cases provided for in subparagraphs a), b) and c).

… in accordance with Article 7(2) of the Convention, that:

in accordance with Article 10(2) of the Convention, that:

Sweden will be able to bring proceedings against a person who has been convicted of the same offence in another State which is a member of the European Union, if the offence was:

in accordance with Article 12(4) and (5) of the Convention, that:

Swedish courts are able to seek preliminary rulings by the Court of Justice of the European Communities on the interpretation of the Convention. This option will not be limited to courts of final instance;

in accordance with Article 13(4) of the Convention, that:

the Convention is — even before it enters into force — applicable in Sweden's relationships with those Member States which have made the same declaration.

In accordance with Article 7(2) of the Convention, the Republic of Hungary declares that it will not apply the rule on jurisdiction laid down in Article 7(1)(c).

In accordance with Article 10(2) of the Convention, the Republic of Hungary declares that it shall not be bound by Article 10(1) if the facts which were the subject of the judgment rendered abroad constitute an offence directed against the security or other essential interests of the Republic of Hungary (Article 10(2)(b)).

In accordance with Article 10(2) of the Convention, the Republic of Hungary declares that it shall not be bound by Article 10(1) if the facts which were the subject of the judgment rendered abroad were committed by an official of the Republic of Hungary contrary to the duties of his office (Article 10(2)(c)).

The Republic of Hungary accepts the jurisdiction of the European Court of Justice, in accordance with Article 35(3)(b) of the Treaty on European Union.

Spain declares, in accordance with Article 15, and in relation to Article 12(4) and (5), that it accepts the competence of the Court of Justice, for matters referred for preliminary rulings by Spanish courts against the decisions of which there is no judicial remedy.

The United Kingdom will not apply the rules laid down in paragraph 1 b), c) and d) of Article 7.

Greek courts will have jurisdiction to try corruption offences in any of the cases referred to in Article 7(1) of the Convention ratified by the present law.

The provisions of the present law will also apply where the corruption offence was committed by a Greek national abroad, even where the act is not a criminal offence under the law of the State in which it was committed.

Pursuant to Article 10(2) and Article 15(1) of the Convention, Greece will not be bound by Article 10(1) of the Convention in the cases referred to in Article 10(2)(b) and (c) of the Convention.

Pursuant to Article 12(4) of the Convention, Greece accepts the competence of the Court of Justice of the European Communities to give preliminary rulings as laid down in that Article, provided a Greek court requests such a ruling.

Italy will apply without restriction the jurisdiction rules set out in points (a) and (d) of Article 7(1) of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, whereas it will apply the rules set out in points (b) and (c) subject to the conditions currently laid down in Articles 7, 9 and 10 of the Italian Penal Code. Italy will not be bound by Article 10(1) in the cases set out in paragraph 2(a), (b) and (c) of that Article.

Pursuant to Article 13(4), Italy will apply the Convention, with the exception of Article 12 thereof, in its relationships with those Member States which have made the same declaration.

In accordance with Article 7(2) of the Convention, the Portuguese Republic declares that:

In accordance with and for the purposes of Article 12(4) of the Convention, the Portuguese Republic declares that it accepts the competence of the Court of Justice to give preliminary rulings concerning the interpretation of the Convention, as provided in Article 12(3) of the Convention.

In accordance with and for the purposes of Article 13(4) of the Convention, the Portuguese Republic will apply the Convention in its relations with those Member States which have made a similar declaration.

The Republic of Bulgaria declares that it accepts the competence of the Court of Justice of the European Communities to give preliminary rulings in accordance with the provisions of article 12 (3) of the Convention of 26 May 1997, drawn up on the basis of article K.3 (2) (c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of the member states of the European Union. The Supreme Court of Cassation of the Republic of Bulgaria is competent to request the Court of Justice of the European Communities to give preliminary rulings.

Declaration In accordance with Article 7(2) of the Convention drawn up on the basis of Article K.3(2) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, done on 26 May 1997, the Czech Republic declares that it will apply jurisdiction defined under Article 7(1)(c) of the said Convention, if the criminal act is deemed criminal at the place of its commitment or if the place of commitment of the act falls under no criminal jurisdiction, and that it will not apply jurisdiction under Article 7(1)(d) of the said Convention to prosecute criminal acts as defined by the said Convention. In accordance with Article 12(4) of the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, done on 26 May 1997, the Czech Republic declares that it accepts jurisdiction of the Court of Justice of the European Union in accordance with conditions specified under Article 12(3). The Czech Republic reserves the right to make provision in their national law to the effect that, where a question relating to the interpretation of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union is raised in a case pending before a national court against whose decision there is no judicial remedy under national law, that court will be required to refer the matter to the Court of Justice of the European Union.

RESERVATION concerning Article 7, paragraph 1 of the Convention: Pursuant to Article 7, paragraph 2 of the Convention, the Republic of Croatia declares that it will not apply the jurisdiction rules laid down in Article 7, paragraph 1, sub-paragraph (d) of the Convention.

RESERVATION concerning Article 10, paragraph 1 of the Convention: Pursuant to Article 10, paragraph 2 of the Convention, the Republic of Croatia declares that it will not be bound by Article 10, paragraph 1 of the Convention in the cases set out in Article 10, paragraph 2, sub-paragraphs (a), (b) and (c) of the Convention.