Tweede aanvullend Protocol bij het Europees Verdrag inzake wederzijdse rechtshulp in strafzaken
Partijen en gegevens
Geldend
Geldend vanaf 01-02-2004
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
08-11-2001, Trb. 2008, 157 (uitgifte: 27-08-2008, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2004
- Bronpublicatie inwerkingtreding:
08-11-2001, Trb. 2008, 157 (uitgifte: 27-08-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
Bronnen
Trb. 2002, 30
Trb. 2008, 157
Trb. 2011, 23
Trb. 2021, 61
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Albanië | 01-02-2004 | |
Armenië | 01-04-2011 | |
België | 01-07-2009 | |
Bosnië en Herzegovina | 01-03-2008 | |
Bulgarije | 01-09-2004 | |
Chili | 01-09-2011 | |
Cyprus | 01-06-2015 | |
Denemarken | 01-02-2004 | |
Duitsland | 01-06-2015 | |
Estland | 01-01-2005 | |
Finland | 01-08-2014 | |
Frankrijk | 01-06-2012 | |
Georgië | 01-05-2014 | |
Hongarije | 01-05-2018 | |
Ierland | 01-11-2011 | |
Israël | 01-07-2006 | |
Italië | 01-12-2019 | |
Kroatië | 01-07-2007 | |
Letland | 01-07-2004 | |
Liechtenstein | 01-01-2021 | |
Litouwen | 01-08-2004 | |
Luxemburg | 01-02-2022 | |
Malta | 01-08-2012 | |
Moldavië | 01-12-2013 | |
het Koninkrijk der Nederlanden (het Europese deel van Nederland) | 01-04-2011 | |
Noord-Macedonië | 01-04-2009 | |
Noorwegen | 01-02-2013 | |
Oekraïne | 01-01-2012 | |
Oostenrijk | 01-03-2018 | |
Polen | 01-02-2004 | |
Portugal | 01-05-2007 | |
Roemenië | 01-03-2005 | |
Russische Federatie | 01-01-2020 | |
Servië | 01-08-2007 | |
Slovenië | 01-07-2013 | |
Slowakije | 01-05-2005 | |
Spanje | 01-07-2018 | |
Tsjechië | 01-07-2006 | |
Turkije | 01-11-2016 | |
Verenigd Koninkrijk | 01-10-2010 | |
Zweden | 01-05-2014 | |
Zwitserland | 01-02-2005 |
Voorbehouden, verklaringen en bezwaren
1 | Bekrachtiging door Armenië onder de volgende verklaring: In accordance with Article 4, paragraph 8, of the Protocol, the Republic of Armenia declares that the copy of the requests for assistance shall be transmitted at the same time to the Ministry of Justice of the Republic of Armenia. In accordance with Article 6 of the Protocol, the Republic of Armenia declares that the judicial authorities, for the purpose of the Convention, shall be deemed:
In accordance with Article 17, paragraph 4, of the Protocol, the Republic of Armenia declares that the competent authorities, for the purposes of paragraphs 1 and 2 of Article 17 of the Protocol, shall be the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia. In accordance with Article 18, paragraph 4, of the Protocol, the Republic of Armenia declares that the authority that is competent for the purposes of the mentioned article shall be the General Prosecutor's Office of the Republic of Armenia. In accordance with Article 19, paragraph 4, of the Protocol, the Republic of Armenia declares that the authorities that are competent for the purposes of paragraph 2 of the mentioned article shall be the the General Prosecutor's Office of the Republic of Armenia, the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia. In accordance with Article 26, paragraph 5, of the Protocol, the Republic of Armenia declares that without the prior consent of the Republic of Armenia, the personal data — the transmission or the use of which could have been refused or limited within the framework of corresponding procedures — may not be used, for the purposes of paragraph 1 of the mentioned article. |
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2 | Bekrachtiging door België onder de volgende verklaring: Concerning Article 3 of the Protocol, the Government of the Kingdom of Belgium will grant the temporary transfer provided by this article only if the person concerned is serving a definitive sentence on its territory, excluding anybody in pre-trial detention. The Government of the Kingdom of Belgium will grant temporary transfer as provided for in Article 11 only if the person concerned is serving a sentence on its territory and if there are no special considerations opposed thereto. Concerning Articles 17, 18, 19 and 20 of the Protocol, the Government of the Kingdom of Belgium intends to prevails itself of the opportunity afforded by Article 33, paragraph 2, to accept the use of cross-border observations, of controlled delivery, of covert investigations and of joint investigation teams only for the following offences: trafficking in arms and drugs, trafficking in human beings, pedophilia and terrorism. Any use of these four methods of research on Belgian territory must also be executed only by the Belgian competent officers. Pursuant to paragraph 4 of Articles 17, 18, 19 and 20, the Government of the Kingdom of Belgium declares that the Federal Prosecutor is designated as the Belgian judicial authority responsible for the implementation of requests for assistance involving the use of these particular methods of research. Pursuant to paragraph 8 of Article 4 of the Protocol, the Government of the Kingdom of Belgium declares that it requires the transmission of any request for mutual assistance, except when it is urgent, to the central authority for mutual assistance in criminal matters of its Federal Public Service Justice. Pursuant to paragraph 4 of Article 11 of the Protocol, the Government of the Kingdom of Belgium declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of the said article, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. Pursuant to paragraph 7 of Article 13 of the Protocol, the Government of the Kingdom of Belgium declares that it will grant the temporary transfer provided by this article only with the consent of the persons detained and to the extent that he/she is serving a definitive sentence on its territory, excluding anybody in pretrial detention. Pursuant to paragraph 5 of Article 26 of the Protocol, the Government of the Kingdom of Belgium declares that, in proceedings for which Belgium could have refused or limited the transfer or use of personal data in accordance with the provisions of the Convention or its Protocols, the personal data which it transfers to another Party will not be used by the latter for the purposes referred to in paragraph 1 of Article 26 of the Protocol without its prior consent. . België heeft op 05-11-2012 de volgende verklaring afgelegd: In accordance with Article 33, paragraph 3, of the Second Additional Protocol, the Government of Belgium withdraws its reservation to Articles 17, 18, 19 and 20 of the Second Additional Protocol, deposited at the time of ratification. België heeft op 13-03-2013 de volgende verklaring afgelegd: The Government of Belgium confirms the renewal of its declaration of competent authorities: ‘The Federal Prosecutor is designated as the Belgian judicial authority responsible for the implementation of requests for assistance involving the use of these particular methods of research’. 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. 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. |
3 | Bekrachtiging door Bosnië en Herzegovina onder de volgende verklaring: In connection with Article 4, paragraph 8, of the Second Additional Protocol, Bosnia and Herzegovina declares that all requests and other written notices related to Article 4, paragraphs 1 to 6, are to be delivered to the Ministry of Justice of Bosnia and Herzegovina, as the central authority. In relation to Article 4, paragraph 8, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that in case of direct addressing of urgent requests in line with Article 4, paragraph 7, of the Second Additional Protocol, copy of the request will be delivered concurrently to the Ministry of Justice of Bosnia and Herzegovina. In line with Article 13, paragraph 7, of the Second Additional Protocol, Bosnia and Herzegovina declares that it shall request the approval referred to under Article 13, paragraph 3, of this Protocol, before reaching an agreement under paragraph 1 of this article. In line with Article 6 of the Second Additional Protocol, Bosnia and Herzegovina declares that ordinary courts and prosecutor's office in Bosnia and Herzegovina shall be regarded as judicial authorities for the purpose of the Convention and this Protocol. In relation to Article 17, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that:
In line with Article 18, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that:
In line with Article 19, paragraph 4, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that:
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4 | Bekrachtiging door Bulgarije onder de volgende verklaring: In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Bulgaria declares that conditions, imposed by the Party which provides spontaneous information, shall be observed only if that Party has previously notified of the nature of the information to be provided and Bulgaria has agreed to its transmission. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Bulgaria declares that consent of the person concerned in Article 13, paragraph 3, will be required before an agreement is reached between the competent authorities under paragraph 1 of the same article. In accordance with Article 17, paragraph 4 in connection with paragraphs 1 and 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority to which shall be submitted requests for legal assistance under Article 17, paragraph 1, and, in case of urgency in the course of observation, to be immediately notified of crossing the border under Article 17, paragraph 2. The officers, indicated in paragraphs 1 and 2 of the same article, who are to conduct the cross-border observation, will be investigators from the National Investigation Service, and the Ministry of the Interior will render co-operation. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Bulgaria declares that within the framework of the procedures for which the Republic of Bulgaria could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Contracting Party will be used by the latter for the purposes of Article 26, paragraph 1, only with the previous consent of the Republic of Bulgaria. In accordance with Article 33, paragraph 1, of the Second Additional Protocol, the Republic of Bulgaria declares that it shall not apply its declaration on Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 to the provisions of this Protocol. In accordance with Article 33, paragraph 2 and in connection with Article 16, of the Second Additional Protocol, the Republic of Bulgaria declares that it does not accept the service of procedural documents and judicial decisions on defendants and accused persons directly by post. In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria defines courts that have passed the convictions as competent authorities to which requests for copies of convictions and subsequent measures under Article 4 of the Second Additional Protocol may be forwarded. In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of sub-paragraph ‘b’ of paragraph 8 of Article 15. Central authority under sub-paragraph ‘b’ regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Cassation Prosecutor's Office, and for the rest of the requests for legal assistance under sub-paragraph ‘b’, the Ministry of Justice. In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that requests for legal assistance and any other communications under Article 15, paragraph 9, received by fax and e-mail shall be accepted and executed, provided that the requesting Party shall verify their authenticity, if requested. In accordance with Article 18, paragraph 4 in connection with paragraphs 2 and 3, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to govern, control and decide on controlled delivery. In accordance with Article 19, paragraph 4 in connection with paragraph 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to decide on the request of covert investigation. Bulgarije heeft op 11-03-2022 de volgende verklaring afgelegd: In accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol to the Convention, the Republic of Bulgaria declares that applications under this article and in accordance with Articles 13 and 14 of the Second Additional Protocol to the Convention, initiated by an European Delegated Prosecutor in a Member State of the European Union, shall be transmitted to the authorities determined by the Republic of Bulgaria in the declaration made under Article 15, paragraph 8, letter b, of the Convention, as formulated in Article 4 of the Second Additional Protocol. In accordance with Article 15 of the Convention, as amended by Article 4 of its Second Additional Protocol, the Republic of Bulgaria declares that requests for mutual assistance to the European Public Prosecutor’s Office, 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 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 the declaration under Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as formulated in Article 4 of the Second Additional Protocol, a comma shall be inserted at the end and the following text shall be added “whereas this order shall not apply in the case of the European Public Prosecutor’s Office”. In the declaration under Article 15, paragraph 8, letter b, of the European Convention on Mutual Assistance in Criminal Matters, as formulated in Article 4 of the Second Additional Protocol, a comma shall be inserted at the end and the following text shall be added “whereas this order shall not apply in the case of the European Public Prosecutor’s Office”. [Note by the Secretariat: the two abovementioned declarations now read as follows: “In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria defines courts that have passed the convictions as competent authorities to which requests for copies of convictions and subsequent measures under Article 4 of the Second Additional Protocol may be forwarded, whereas this order shall not apply in the case of the European Public Prosecutor’s Office. In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of subparagraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Cassation Prosecutor's Office, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice, whereas this order shall not apply in the case of the European Public Prosecutor’s Office.”] The Republic of Bulgaria, in accordance with Article 24 of the Convention, as amended by Article 6 of its Second Additional Protocol, 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, furthermore declares that the European Public Prosecutor’s Office 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, implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, 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 European Public Prosecutor’s Office has obtained already or may obtain following the initiation of an investigation in the area of its competence. The European Public Prosecutor’s Office 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. The Republic of Bulgaria avails itself of the opportunity to interpret the legal effects of that declaration as follows: Where the Convention or its protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the European Union Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939. Where the Convention or its protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the European Union Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation. All declarations and reservations made by the Republic of Bulgaria under the Convention and its protocols shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Republic of Bulgaria is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939. As a judicial requesting authority acting in accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its protocols. The obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the European Union Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the European Union Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939. In accordance with Article 33(2) of the Second Additional Protocol and in conjunction with Article 20 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Bulgaria declares that 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 Bulgaria, the European Public Prosecutor's Office may act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only in the presence of agreement with the judicial authorities of the Republic of Bulgaria and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law. |
5 | Bekrachtiging door Denemarken onder de volgende verklaring: In accordance with Article 15, paragraph 8 (d) and 15, paragraph 3 (in the European Convention on Mutual Assistance in Criminal Matters, as worded by the Second Additional Protocol), Denmark declares that requests from administrative authorities (cf. Article 1, paragraph 3, in the Convention), shall be forwarded to the Ministry of Justice in the country requested to provide assistance, and hence may not be sent directly to the judicial authorities. In accordance with Article 9, paragraph 9 (in the Second Additional Protocol), Denmark declares that it does not meet requests for hearing by videoconference involving the accused person or the suspect. In accordance with Article 13, paragraph 7 (in the Second Additional Protocol), Denmark declares that consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of a person held in custody according to Article 13, paragraph 1. In accordance with Article 18, paragraph 4 (in the Second Additional Protocol), Denmark declares that the Danish authorities that are competent for the purpose of Article 18 are the judicial authorities as defined by the declaration according to article 24 in the 1959 Convention (i.e. the Courts of Law and the Department of Public Prosecutions which itself, according to the Danish judicature and procedural code, includes the Ministry of Justice, the Attorney-General, the prosecutors, the Copenhagen Prefect of Police and the Police Commissioners). In accordance with Article 32, paragraph 1 (in the Second Additional Protocol), Denmark declares that until further notice the Second Additional Protocol shall not apply to the Faeroe Islands and Greenland. In accordance with Article 33, paragraph 2, cf. Article 17 (in the Second Additional Protocol), Denmark declares that it does not accept Article 17 (cross-border observations). In accordance with Article 33, paragraph 2, cf. Article 19 (in the Second Additional Protocol), Denmark declares that it does not accept Article 19 (covert investigations). |
6 | Bekrachtiging door Estland onder de volgende verklaring: In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Estonia declares that for carrying out controlled deliveries in Estonia, the competent authorities are the Tax and Customs Board, the Board of Border Guard, the Central Criminal Police, the Security Police Board and the National Police Board. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Estonia declares that it wholly avails itself of the right not to accept Articles 17 and 19. In accordance with Article 15, paragraph 8, sub-paragraph (a), of the Convention (as reworded by Article 4 of the Second Additional Protocol), the Republic of Estonia declares that a copy of the request for assistance addressed directly to its judicial authorities shall be transmitted to the Ministry of Justice. In accordance with Article 24 of the Convention (as reworded by Article 6 of the Second Additional Protocol), the Republic of Estonia declares that for the purposes of this Convention the judicial authorities for Estonia shall be the courts, the prosecutor's office, the Ministry of Justice and investigation boards that on the basis of the Criminal Procedure Code are competent to carry out pre-trial procedure: the National Police Board, the police districts, the Security Police Board, the Central Crimi-nal Police, the Tax and Customs Board, the Estonian Board of Border Guard, the Estonian Competition Board and the General Staff of the Defence Forces. 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. |
7 | Toetreding door Israël onder de volgende verklaring: In accordance with Article 4, paragraph 8, of the Second Additional Protocol, the Government of the State of Israel declares that all requests and other communications to it, as mentioned in Article 4, paragraphs 1 to 6, of the Second Additional Protocol, should be sent to the Ministry of Justice, Directorate of Courts, Department of Legal Assistance to Foreign Countries, P.O. Box 34142-91340, Jerusalem. In accordance with Article 4, paragraph 9, of the Second Additional Protocol (amending Article 15 of the European Convention on Mutual Assistance in Criminal Matters), the Government of the State of Israel declares that at the present time it will accept requests for legal assistance by means of electronic telecommunication in circumstances of extreme urgency only. Acceptance of a request by electronic telecommunication is on condition that the reasons for such urgency are set forth in the request and that the requesting Party transmits, at the same time, the original request in the usual manner. Israel will not accept requests to serve procedural documents and judicial decisions where such requests are transmitted by electronic telecommunication, as this form of transmittal is, in any case, not suitable for such requests. At the present time, urgent requests for legal assistance may be transmitted by fax transmission addressed to the Director of the Department of International Affairs of the Office of the State Attorney, Ministry of Justice at fax number (972-2-6287-668). All such requests should be headed ‘Urgent Request for Legal Assistance under the Second Additional Protocol’. In accordance with Article 6 of the Second Additional Protocol, the Government of the State of Israel declares that for the purposes of the Convention and Protocol, the following authorities shall be considered Judicial Authorities:
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the State of Israel reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of Article 11, unless it receives prior notice of the nature of the information to be provided and agrees to the transmission. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of the State of Israel declares that the consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of a person held in custody according to Article 13, paragraph 1. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Government of the State of Israel declares that it requires that personal data transmitted to another Party will not be used by that Party for the purposes of paragraph 1 of Article 26 unless with its previous consent. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the State of Israel declares that any document and judicial decision which is of criminal law nature should be forwarded to any person only through the Ministry of Justice of the State of Israel, as set forth in Israel s declaration to Article 4 of the Second Additional Protocol. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the State of Israel declares that it does not accept Article 17. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of the State of Israel declares that the Israeli authorities that are competent for the purpose of Article 18 are: the Director of the Department of International Affairs of the Ministry of Justice; the Inspector General of the Israeli Police; the Head of the Intelligence Division in the Investigation and Intelligence Department in the Israeli Police; the Head of the Special Operations Division in the Intelligence Division in the Investigation and Intelligence Department; the Director of the National Center for the Fight against Drugs and Money Laundering in the Israeli Customs Administration and the Senior Deputy Director General (Investigations) in the Israeli Customs Administration. |
8 | Bekrachtiging door Kroatië onder de volgende verklaring: Concerning Article 4, paragraph 8, of the Second Additionnal Protocol, the Republic of Croatia declares that all the requests and other communications referred to in paragraphs 1 to 6 of Article 4 of the Second Additional Protocol should be forwarded to the Ministry of Justice. Concerning Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Croatia declares that it will not apply the provisions of this article to hearings by video conference involving the accused person or the suspect. Concerning Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Croatia declares that the consent referred to in Article 13, paragraph 3, will be required before an agreement on a temporary transfer of a person held in custody is reached under Article 13, paragraph 1. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Croatia declares that it requires that personal data transmitted to another Party not be used by that Party for the purposes referred to in paragraph 1 of Article 26, without its previous consent. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Croatia declares that it does not accept Articles 17, 18 and 19. Concerning Article 6 of the Second Additional Protocol, the Republic of Croatia declares that for the purposes of the Convention and the Protocol, courts and state attorneys, shall be deemed judicial authorities. |
9 | Bekrachtiging door Letland onder de volgende verklaring: In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Latvia declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of said Article 11. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Latvia declares that before an agreement is reached under paragraph 1 of said Article 13, the consent referred to in paragraph 3 of said Article 13 will be required. In accordance with paragraph 5 of Article 26 of the Second Additional Protocol, the Republic of Latvia requires that personal data transmitted to another Party is not used by the receiving Party for the purposes of paragraph 1 of Article 26 unless with its previous consent. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Latvia declares that it does not accept Article 17 of the said Protocol. Letland heeft op 16-09-2010 de volgende verklaring afgelegd: In accordance with Article 19 of the Second Additional Protocol, the Republic of Latvia declares that:
In accordance with Article 18 of the Second Additional Protocol, the Republic of Latvia declares that the competent authority is: Ministry of Interior Ciekurkalna 1st line 1, k-2 Riga, LV-1026 Latvia Phone: +371 67219263 Fax: +371 67829686 E-mail: kanceleja@iem.gov.lv Website: www.iem.gov.lv 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 […] |
10 | Bekrachtiging door Litouwen onder de volgende verklaring: In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Lithuania declares that the personal data trans-mitted to another Party for the purposes of Article 26, paragraph 1, of the Protocol, may not be used without the previous consent of the Republic of Lithuania. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Lithuania declares that it avails itself of the right not to accept Articles 16 and 17 of the Protocol. In accordance with Article 18, paragraph 4 and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Lithuania declares that the Prosecutor's General Office of the Republic of Lithuania is the competent authority for the purposes of Article 18 and Article 19 of the Protocol. In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the Republic of Lithuania declares that territorial County Prosecutor's Offices, the Court of Appeal of Lithuania, district and county courts shall perform the functions provided in Article 15 of the Convention. In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 6 of the Second Additional Protocol, the Republic of Lithuania declares that the General Prosecutor's Office of the Republic of Lithuania, the territorial County Prosecutor's Offices of the Republic of Lithuania, the Court of Appeal of Lithuania, district and county courts are judicial authorities for the purposes of the Convention. Litouwen heeft op 18-08-2020 de volgende verklaring afgelegd: The Ministry of Foreign Affairs of Lithuania informs that, on 21 May 2020, the Seimas of the Republic of Lithuania adopted the Law No. XIII-2978 amending he text of the declarations of the Republic of Lithuania made in the instrument of ratification deposited on 6 April 2004. Accordingly, the entire text of the revised declarations, as well as the unaffected reservation of the Republic of Lithuania made in the instrument of ratification deposited on 6 April 2004 shall read as follows: Reservation of the Republic of Lithuania: Acting pursuant to Article 33, paragraph 2, of the Protocol, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania avails itself of the right not to accept Articles 16 and 17 of the Protocol. Declarations of the Republic of Lithuania: Acting pursuant to paragraph 6 of Article 15 of the European Convention on Mutual Assistance in Criminal Matters (hereinafter the ‘Convention’), as replaced by Article 4 of the Protocol, the Seimas of the Republic of Lithuania designates as competent authorities to whom requests for copies of convictions and measures referred to in Article 4 of the Additional Protocol to the Convention may be made the courts which have passed these convictions. Acting pursuant to point d of paragraph 8 of Article 15 of the Convention, as replaced by Article 4 of the Protocol, the Seimas of the Republic of Lithuania designates as competent authorities the following:
Acting pursuant to Article 24 of the Convention, as replaced by Article 6 of the Protocol, the Seimas of the Republic of Lithuania designates the Prosecutor General’s Office of the Republic of Lithuania, territorial prosecutor’s offices, the Court of Appeal of Lithuania, regional and district courts as judicial authorities for the purposes of the Convention and its additional protocols. Acting pursuant to paragraph 4 of Article 18 and paragraph 4 of Article 19 of the Protocol, the Seimas of the Republic of Lithuania designates the Prosecutor General’s Office of the Republic of Lithuania as a competent authority for providing mutual assistance for the purposes of Articles 18 and 19 of the Protocol. Acting pursuant to paragraph 5 of Article 26 of the Protocol, the Seimas of the Republic of Lithuania makes a declaration that the Republic of Lithuania does not authorize the use of personal data transmitted to another Party for the purposes of paragraph 1 of Article 26 of the Protocol without the previous consent of the Republic of Lithuania. 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:
Legal effects of a declaration of the Republic of Lithuania in accordance with Article 24 of the Convention, as amended by Article 6 of the Protocol With reference to a declaration made in accordance with Article 24 of the Convention, as amended by Article 6 of the Protocol, the Republic of Lithuania avails itself of the opportunity to interpret the legal effects of that declaration as follows:
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11 | Ratificatie door Noord-Macedonië onder de volgende verklaring: In accordance with Article 4, paragraph 8.b, of the Second Additional Protocol, the Republic of Macedonia declares that all requests and other written notices, except urgent requests, should be delivered to the Ministry of Justice as the competent authority. In accordance with Article 4, paragraph 9, of the Second Additional Protocol, the Republic of Macedonia declares that it will accept and execute requests received by electronic or other means of telecommunication, whereupon a copy of that requests is sent by facsimile and the original is submitted by post. In accordance with Article 4, paragraph 6, of the Second Additional Protocol, the Republic of Macedonia declares that the competent authority for the implementation of this paragraph is the Ministry of Justice. In accordance with Article 6 of the Second Additional Protocol, the Republic of Macedonia declares that the competent authorities for the purposes of the Convention and this Protocol are the courts of first instance with extended competence. In accordance with Article 13 of the Second Additional Protocol, the Republic of Macedonia declares that, in case of temporary transfer, the consent of the person contained, in a procès-verbal, is required before an agreement on a temporary transfer of the person held in custody is reached between the competent authorities under paragraph 1 of the same article. In accordance with Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Macedonia designates as the competent authority for the implementation of the provisions of the Protocol: the Public Prosecutor's Office of the Republic of Macedonia (Department for organized crime, Boulevard Krste Misirkov bb 1000 Skopje, Republic of Macedonia; Phone: +389(0)3219 850; Fax: +389(0)3219 866). In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Macedonia declares that it requires that the personal data transmitted to another Party not be used by that Party for the purposes of Article 26, paragraph 1, of this Protocol without the previous consent of the competent authorities of the Republic of Macedonia. In accordance with Article 27 of the Second Additional Protocol, the Republic of Macedonia declares that the administrative authorities and other relevant authorised authorities for the supervision of the imple-mentation of laws which can investigate offences and are empowered when the investigation is concluded, to pass sanctions in that proceedings, have the status of administrative authorities for the purpose of Article 27 of this Protocol. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Macedonia declares that it will not apply the provisions of Article 16 which refers to the acceptance of the delivery by post of procedural documents or judicial decisions by the competent authority of any Party to persons who are in the territory of the Republic of Macedonia. |
12 | Bekrachtiging door Montenegro onder de volgende verklaring: In accordance with Article 6 of the Second Additional Protocol, Montenegro declares that it considers the courts and the State Prosecutor as judicial authorities for the purpose of the Convention. In accordance with Article 33 of the Second Additional Protocol, Montenegro declares that it will not apply the provisions of Article 16 of the Protocol. In accordance with Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, Montenegro designates the State Prosecutor as the central authority for the implementation of the provisions of the Protocol. |
13 | Bekrachtiging door het Koninkrijk der Nederlanden onder de volgende verklaring: In accordance with Article 32, paragraph 1, of the Protocol, the Kingdom of the Netherlands declares that it accepts the Second Additional Protocol for the European part of the Netherlands. In the European part of the Netherlands, the authority designated competent for the purposes of Article 4, paragraph 6, of the Protocol is: The International Legal Assistance (Criminal Matters) Division (AIRS) Ministry of Justice Postbus 20301 2500 EB Den Haag Tel.: +31 (0)70 370 7314 / 370 7433 Fax: +31 (0)70 370 7945 The Government of the Netherlands accepts, for the European part of the Netherlands, the use of electronic or other means of telecommunication to forward requests for legal assistance and any other communications as referred to in Article 4, paragraph 9, of the Protocol, provided that the request or communication is forwarded as soon as possible in its original written form. Pursuant to Article 9, paragraph 9, of the Protocol, the Government of the Netherlands declares, for the European part of the Netherlands, that it wishes to avail itself of the possibility of excluding the use of hearings by video conference involving suspects. Pursuant to Article 13, paragraph 7, of the Protocol, the Government of the Netherlands declares, for the European part of the Netherlands, that a detained person may be temporarily transferred, in compliance with a request for legal assistance, to the requested Party only with the consent of the person concerned. Pursuant to Article 17, paragraph 4, of the Protocol, the persons designated in the European part of the Netherlands as officers for the purposes of Article 17, paragraphs 1 and 2, of the Protocol are the officers appointed to carry out police tasks, and, subject to the conditions laid down in relevant bilateral agreements as referred to in Article 17, paragraph 5, with respect to their competences concerning the illicit traffic in narcotic drugs and psychotropic substances, breaches of the laws on arms and explosives, and the illicit carriage of toxic and dangerous waste, officers of the Fiscal Information and Investigation Service (FIOD), who are competent with regard to import duties and excise. Pursuant to Article 17, paragraph 4, of the Protocol, the body designated in the European part of the Netherlands as the authority for the purposes of Article 17, paragraphs 1 and 2, of the Protocol is: The National Public Prosecutor for Cross-Border-Observation International Police Intelligence Department (IPOL) Dutch Police Services Agency (KLPD) Europaweg 45 2711 EM Zoetermeer Tel.: +31 (0)79 345 9214 Fax: +31 (0) 79 345 9202 The competent authority designated in the European part of the Netherlands as the authority for the purposes of Article 18, paragraph 4, and Article 19, paragraph 4, of the Protocol is the Public Prosecutor. The persons designated in the European part of the Netherlands as administrative authorities for the purposes of Article 27 of the Protocol are the Public Prosecuror and: The Central Fine Collection Agency (CJIB) Postbus 1794 8901 CB Leeuwarden Tel.: +31 (0)58 215 9555 Fax: +31 (0)58 215 6038 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. |
14 | Bekrachtiging door Polen onder de volgende verklaring: In accordance with Article 33, paragraph 2, the Republic of Poland declares that it will not execute the requests concerning the cross-border observations (Article 17). In accordance with Article 4, paragraph 8, the Republic of Poland declares that it reserves the right to make the execution of requests for mutual assistance dependant on the following conditions: the requests for mutual assistance concerning the hearing of witnesses or experts by video conference or telephone conference, shoud be transmitted via the Ministry of Justice of Poland (Article 4, paragraph 8, letter d). In accordance with Article 9, paragraph 9, the Republic of Poland declares that it will not avail itself of the possibility of hearing by video conference the accused person or the supect (Article 9, paragraph 8). In accordance with Article 13, paragraph 7, the Republic of Poland declares that it avails itself of the possibility not to proceed to the enforcement of a request of a temporary transfer of a person detained on the territory of the requesting Party, when this person does not consent to the transfer. In accordance with Article 18, paragraph 4, and with Article 19, paragraph 4, the Republic of Poland declares that the competent authority for the purposes of the enforcement of the requests mentioned by these articles is: ‘Komendant Glowny Policji’. |
15 | Bekrachtiging door Portugal onder de volgende verklaring: In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Republic of Portugal declares that the authority designated for the purpose of paragraphs 1 and 2 of this article is the ‘Procuradoria Geral da República’. In accordance with Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Portugal declares that the competent authority for the purpose of Article 18 and Article 19, paragraph 2, of this Protocol, is the ‘Procuradoria Geral da República’. 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. |
16 | Bekrachtiging door Roemenië onder de volgende verklaring: In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the requests for international mutual assistance and the judicial documents may be transmitted through electronic means of communication or any other telecommunication means, on condition that the requesting Party transmits, at the same time, the original request and/or acts. In accordance with Article 15 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the central authorities for Romania are the Ministry of Justice for requests for mutual assistance formulated during the trial, and the Prosecutor's Office of the High Court of Cassation and Jus-tice for requests formulated respectively during investigations and prosecutions. For the requests for mutual assistance refered to in Article 15, paragraph 3, of the European Convention, the central authority is the Ministry of Administration and Interior. In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 6 of the Second Additional Protocol, the Romanian judicial authorities are the courts and the prosecutor's offices to the courts. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, to achieve the agreement stipulated by paragraph 1 of Article 13, the consent as provided for in paragraph 3 of Article 13 will be required. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, police officers are designated as competent officers within the Ministry of Administration and Interior for the purposes of paragraphs 1 and 2 of Article 17. The competent central authority for receiving requests for mutual assistance foreseen in Article 17, paragraphs 1 and 2, is the Ministry of Justice. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the competent authority for the purposes of Article 18 is the Prosecutor's Office to the High Court of Cassation and Justice. Controlled deliveries subject to a request for international mutual assistance addressed to Romania must be authorised by the competent prosecutor, in accordance with the Romanian law. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the competent authority for the purposes of Article 19 is the Prosecutor's Office to the High Court of Cassation and Justice. The conduct of criminal covert investigations, on the basis of a request for international mutual assistance addressed to Romania, must be authorised by the competent prosecutor, in accordance with Romanian law. 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. |
17 | Bekrachtiging door Servië onder de volgende verklaring: In accordance with Article 6 of the Second Additionnal Protocol, the Republic of Serbia declares that for the purposes of the Convention and Protocol, the following authorities shall be considered as judiciary organs:
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Serbia declares that it does not accept the implementation of the provisions of Article 16 of the Protocol. In accordance with Article 17, paragraphs 1 and 2, of the Second Additionnal Protocol, the Republic of Serbia declares that the authorities competent for the purposes of Article 17 are:
In accordance with Article 18, paragraph 4, of the Second Additionnal Protocol, the Republic of Serbia declares that the authority competent for the purposes of Article 18 is:
In accordance with Article 19, paragraph 2, of the Second Additionnal Protocol, the Republic of Serbia declares that the authorities competent for the purposes of Article 19 are:
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18 | Bekrachtiging door Slowakije onder de volgende verklaring: In accordance with Article 15, paragraph 8, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that requests under Article 15, paragraphs 1, 3 and 4 shall be addressed to the District Prosecutor's Office for the district where the requested assistance shall be carried out. A copy of the request shall be sent to the General Prosecutor's Office. If the requesting authority requires to serve the documents on the addressee in the Slovak Republic by the court, the request may be addressed directly to the district court for the district where the addressee resides. Spontaneous information under Article 11 of the Second Additional Protocol and requests under Article 15, paragraph 5, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, shall be addressed to the General Prosecutor's Office. In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the competent authorities of the Slovak Republic shall commence the execution of a request sent by facsimile or other means of electronic communication if the request is urgent and its authenticity is undisputed, provided the requesting authority subsequently submits the original of the request within the period specified by the requested authority. The Slovak Republic avails itself of the opportunity provided by Article 11, paragraph 4, of the Second Additional Protocol and declares that it reserves its right not to be bound by the conditions imposed by the providing Party unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. The Slovak Republic avails itself of the opportunity provided by Article 13, paragraph 7 of the Second Additional Protocol and declares that it shall always require the consent of the person according to paragraph 3 of this article. In accordance with Article 18, paragraphe 4, of the Second Additional Protocol, the Slovak Republic declares that the requests for controlled deliveries shall be addressed directly to the district Prosecutor's Office for the district where the requested assistance shall be carried out and a copy thereof shall be sent to the General Prosecutor's Office. Controlled delivery shall be carried out by the General Prosecutor's Office. Controlled delivery shall be carried out by the competent units of the Police Corps of the Slovak Republic. The Slovak Republic will execute requests under Article 18 of the Second Additional Protocol only if they relate to the controlled import, export and transit of a delivery provided the circumstances of the case justify the assumption that the delivery without proper permit contains narcotics, psychotropic substances, precursors, poisons, nuclear and other similar radioactive materials, counterfeit money or securities, firearms or weapons of mass destruction, ammunition or explosives and the requesting party undertakes to provide adequate protection to the information obtained as a result of the assistance. The Slovak Republic avails itself of the opportunity provided by Article 33, paragraph 2, of the Second Additional Protocol and does not accept wholly the Articles 16, 17, 19 and 20 of the Second Additional Protocol.In the Slovak Republic, the authorities which rendered the conviction or measures shall be deemed as the competent authorities for the purposes of Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol. Slowakije heeft op 01-07-2020 de volgende verklaring afgelegd: The Slovak Republic withdraws its reservation made on the basis of Article 33, paragraph 2, to Articles 16, 17, 19 and 20, of the Second Additional Protocol, and partially withdraws its reservation made on the basis of Article 33, paragraph 2, to Article 18 so that it reads as follows: The Slovak Republic will execute requests under Article 18 of the Second Additional Protocol only if the requests relate to the control of delivery from the sender to the addressee during its transit, export or import, if the circumstances of the case justify the assumption that the consignment without the necessary permits contains narcotic substances, psychotropic substances, precursors, poisons, nuclear or other radioactive materials, hazardous chemical substances, counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or illegally produced custom stamps, postal stamps, labels and postal stamps, electronic means of payment or another payment card or an item capable of such function, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage items or other items that require special permissions for their possession, items intended to commit a criminal offence, or items of a committed criminal offence, for the purpose of apprehending persons who take part in the handling of such consignment. In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that it will accept and execute only the requests for mutual assistance in proceedings pursuant to Article 1, paragraph 3, of the Convention, which are sent exclusively between judicial authorities. In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 17, paragraph 1, of the Second Additional Protocol shall be addressed to the Regional Prosecutor's Office in Bratislava. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Slovak Republic declares that notifications under Article 17, paragraph 2, of the Second Additional Protocol shall be addressed to the Presidium of the Police Force of the Slovak Republic. Competent authority for carrying out cross-border observation is the Police Force of the Slovak Republic. In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 19 shall be addressed to the Regional Prosecutor's Office in Bratislava. The Slovak Republic further notifies that under its national law, the covert investigation is admissible for the detection, identification and conviction of perpetrators of crimes, criminal offence of corruption, criminal offences of extremism, criminal offence of abuse of office by a public official or criminal offence of money laundering in case the investigation would otherwise be significantly impeded. Except for the criminal offence of corruption and criminal offences of extremism, the agent can be only a member of the Police Force of the Slovak Republic or a member of police forces of another State. In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 20 shall be addressed to the General Prosecutor's Office of the Slovak Republic. In accordance with Article 26 paragraph 5, of the Second Additional Protocol, the Slovak Republic declares that within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party cannot be used by the latter for the purposes of paragraph 1 without previous consent of the Slovak Republic. 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. |
19 | Bekrachtiging door Tsjechië onder de volgende verklaring: In accordance with Article 15, paragraph 8.a, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that copies of requests for mutual assistance have to be forwarded to the central authorities, namely:
With regard to the fact that the Czech Republic made no declaration under Article 27 of the Second Additional Protocol, the Czech Republic wishes to confirm in connection with Article 15, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, that requests by administrative authorities under Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 1 of the Second Additional Protocol may be sent only to judicial authorities of the Czech Republic. In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that in case of forwarding of a request through electronic or any other means of tele-communication, the original of such request has to be subsequently delivered in writing. In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 6 of the Second Additional Protocol, the Czech Republic declares that for the purposes of the Convention and its additional protocols following authorities are considered as judicial authorities: the Supreme Prosecutor's Office of the Czech Republic; high, regional, county and district prosecutors' offices; the City Prosecutor's Office in Prage; the City Prosecutor's Office in Brno; the Ministry of Justice of the Czech Republic; the Supreme Court of the Czech Republic; high, regional, county and district courts; the City Court in Prague and the City Court in Brno. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Czech Republic declares that the consent referred to in Article 13, paragraph 3, of the Second Additional Protocol will be required before an agreement on the temporary transfer of a person under Article 13, paragraph 1, of the Second Additional Protocol is reached. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that:
Tsjechië heeft op 04-08-2010 de volgende verklaring afgelegd: In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that the authority competent for the purposes of Article 19 is: High Prosecutor's Office in Prague námestí Hrdinu 1300 140 65 Praha 4 tel.: ++420/261 196 111 fax: ++420/261 196 550. Pursuant to Article 15, paragraph 8.d, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that the authority competent for receipt and sending of requests under Article 20 of the Second Additional Protocol is: Supreme Prosecutor's Office Jezuitská 4 660 55 Brno tel.: ++420/542 512 330 fax: ++420/542 512 350. Tsjechië heeft op 06-10-2014 de volgende verklaring afgeleged: The declaration of central authorities made by the Czech Republic in accordance with Article 29 of the Convention, registered at the Secretariat General on 1 March 2006, is amended as follows: In accordance with Article 15, paragraph 8.a, of the European Convention on Mutual Assistance in Criminal Matters as amended by Article 4 of the Second Additional Protocol, the Czech Republic declares that copies of requests for mutual assistance have to be forwarded to the central authorities, namely
Tsjechië heeft op 30-06-2017 de volgende verklaring afgelegd: The declarations to Articles 6, 17, 18, 19 and 20 made by the Czech Republic at the time of the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, are amended as follows:
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. |
20 | Bekrachtiging door het Verenigd Koninkrijk onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the United Kingdom declares that it does not accept Article 17 of the Second Additional Protocol (Cross-border observations). In accordance with Article 15, paragraph 6, of the Convention (as inserted by Article 4 of the Second Additional Protocol) the Government of the United Kingdom declares that the competent authorities to which requests for criminal records should be made are the ACPO Criminal Records Office (for requests from member States of the European Union (EU) and the Serious Organised Crime Agency (for requests from non-EU States). Contact details: ACPO Criminal Records Office 1st floor 10 Victoria Street London SW1H ONN United Kingdom Email: info@acpo.pnn.police.uk Serious Organised Crime Agency PO Box 8000 London SE11 5EN United Kingdom Fax: +44 (0)207 238 8112 Email: London@soca.x.gsi.gov.uk In accordance with Article 15, paragraph 8, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that all incoming letters of request should be sent to the relevant central authority set out below. Contact details: HM Revenue and Customs Requests for assistance from England, Wales and Northern Ireland for some customs matters, including indirect tax matters, alcohol and tobacco smuggling and excise fraud should be sent to HM Revenue and Customs. Requests relating to the smuggling of prohibited and restricted items and matters related to direct tax should be sent to the UKCA. Requests relating to Scotland should all be sent to the Crown Office. HM Revenue and Customs Law Enforcement & International Advisory Division HM Revenue and Customs — Solicitor's Office Room 2/74 100 Parliament Street London SW1A 2BQ United Kingdom Fax: +44 (0)20 7147 0433 Email: mla@hmrc.gsi.gov.uk UK Central Authority Requests for assistance from England and Wales and Northern Ireland, other than requests which are the responsibility of HM Revenue and Customs, should be sent to the UK Central Authority. UK Central Authority Judicial Co-operation Unit Home Office 5th Floor Fry Building 2 Marsham Street London SW1P 4DF United Kingdom Fax: +44 (0)207 035 6985 (urgent cases only). This must be followed by a written letter of request sent via post. Scotland Requests for assistance only from Scotland should be sent to the Crown Office and Procurator Fiscal Service. Crown Office and Procurator Fiscal Service International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA United Kingdom Fax: 44 (0)844 561 4002 Email: COICU@copfs.gsi.gov.uk In accordance with Article 15, paragraph 9, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that HM Revenue and Customs and the Crown Office and Procurator Fiscal Service will accept requests transmitted by email or fax; and the UK Central Authority will, in urgent cases, accept transmission of requests by fax provided that the request is subsequently sent via post. In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not allow video conferencing to be used where the witness in question is the accused peson or the suspect. In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not be bound by the conditions imposed by the providing Party under Article 11, paragraph 2, of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of the United Kingdom declares that it will always require the consent of the detained person before any transfer may take place. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that the competent authorities for the purposes of this Article (controlled deliveries) are those required by Article 15, paragraph 8, of the Convention, and set out above. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that the competent authorities for the purposes of paragraph 2 of Article 19 are those required by Article 15, paragraph 8, of the Convention, and set out above. Het Verenigd Koninkrijk heeft op 07-02-2013 de volgende verklaring afgelegd: In accordance with Article 15, paragraph 6, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that the competent authorities to which requests for criminal records should be made is the UK Central Authority for Exchange of Criminal Records ('UKCA-ECR'). EU Member States should transmit requests for criminal records to UKCA-ECR through their own central authority for criminal exchange. The European Criminal Records Information System (ECRIS) will be used to facilitate these requests between central authorities. Contact details: UKCA-ECR ACRO PO Box 481 Fareham Hampshire PO14 9FS United Kingdom E-mail: international.requests@ACRO.pnn.police.uk In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
Het Verenigd Koninkrijk heeft op 10-05-2019 de volgende verklaring afgelegd: Partial Withdrawal of reservation In accordance with Article 33, paragraph 3, of the Second Additional Protocol, the Government of the United Kingdom declares that it partially withdraws its reservation in respect of Article 17 of the said Protocol. The Government of the United Kingdom accepts the application of paragraph 1 of the said Article and, to the extent they apply to paragraph 1, paragraphs 3 to 5. The Government of the United Kingdom maintains its reservation in respect of paragraph 2 of the said Article and does not accept the application of that provision. Declarations In accordance with Article 15, paragraph 8, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that all incoming letters of request should be sent to the relevant central authority set out below: HM Revenue and Customs Requests for assistance from England, Wales and Northern Ireland for some customs matters, including indirect tax matters, alcohol and tobacco smuggling and excise fraud should be sent to HM Revenue and Customs. Requests relating to the smuggling of prohibited and restricted items and matters related to direct tax should be sent to the United Kingdom Central Authority (UKCA). Requests relating to Scotland should all be sent to the Crown Office: HM Revenue and Customs Law Enforcement & International Advisory Division HM Revenue and Customs – Solicitor’s Office UK Central Authority Requests for assistance from England and Wales and Northern Ireland, other than requests which are the responsibility of HM Revenue and Customs or the ACRO Criminal Records Office, should be sent to the UK Central Authority. UK Central Authority Judicial Co-operation Unit ACRO Criminal Records Office Requests for assistance from England, Wales, Scotland and Northern Ireland, for judicial records under Article 13 of the Convention, should be sent to the ACRO Criminal Records Office. Scotland Requests for assistance only from Scotland should be sent to the Crown Office and Procurator Fiscal Service. In respect of the Government of the United Kingdom of Great Britain and Northern Ireland, references to the “Ministry of Justice” for the purposes of:
In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not allow video conferencing to be used where the witness in question is the accused person or the suspect and the hearing is, or forms part of, the trial of that person. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that for the purposes of Article 17, paragraph 1, members of a police force, National Crime Agency officers, officers of Revenue and Customs, constables of the Police Service of Scotland, are designated officers and the National Crime Agency is the designated Authority. |
21 | Bekrachtiging door Zwitserland onder de volgende verklaring: Switzerland declares that the Federal Office of Justice of the Federal Department of Justice and Police in Bern is the central competent authority, under Article 4 (and 15 of the Convention), to address and to receive:
Whenever, in case of urgency, a request for mutual assistance is directly submitted to the competent authority of the requested State, a copy of the request and of the reply must be communicated to the Federal Office of Justice. To contact the Federal Office of Justice and to determine the territorially competent Swiss judicial authority to which requests for mutual assistance can be addressed directly, the databank of Swiss Localities and Courts can be consulted on line at the following address: http://www.elorge.admin.ch. Switzerland requires that the personal data transferred by it to another Party for the purposes indicated in Article 26, paragraph 1, letters a and b, cannot be used without the consent of the person concerned except with the agreement of the Federal Office of Justice for the purposes of procedures for which Switzerland could have, according to the terms of the Convention or the Protocol, refused or limited the transmission or the use of personal data. Switzerland declares that the following authorities shall be regarded as Swiss judicial authorities for the purposes of the Convention and the Protocol:
The detailed list of the Swiss judicial authorities can be consulted on line at the following address: http://www.rhf.admin.ch/etc/medialib/data/rhf.Par.0003.File.tmp/direktverkehr-f.pdf. Switzerland declares that the following authorities are competent to execute the requests under Article 17:
Requests submitted to Switzerland under Article 17, paragraphs 1 and 2, must be addressed to:
In case of any doubt, requests submitted under Article 17, paragraph 1, can be addressed to the Federal Office of Justice, in Bern, and those submitted under Article 17, paragraph 2, to the Federal Office of Police, in Bern. Switzerland declares that the following authorities are competent to execute requests under Article 18:
Switzerland declares that the following authorities are competent to execute requests under Article 19:
Switzerland declares that it will deem as Swiss administrative authorities for the purposes of Article 1, paragraph 3, of the Convention the administrative services of the Confederation and of the cantons which, under Federal or Cantonal Law, can investigate offences and are empowered, once the investigation is concluded, to ask for the opening of judicial proceedings that may result in a conviction. Zwitserland heeft op 01-02-2022 de volgende verklaring afgelegd: The Permanent Representation of Switzerland […] and, referring to the notifications of declarations JJ9199C, Tr./030-136 Tr./099-69 Tr./182-95, JJ9180C revised, Tr./030-132 T r./099-65 Tr./182-90, JJ9184C revised, Tr./030-133 Tr./099-66 Tr./182-91, JJ9204C, Tr./030-137 Tr./099-70 Tr./182-96, JJ9238C, Tr./030-143 Tr./099-76 Tr./182-103, JJ9273C, Tr./030- 144 Tr./099-77 Tr./182-104, JJ9213C, Tr./030- 139 Tr./099-72 Tr./182-98, JJ9234C, Tr./030- 141 Tr./099-74 Tr./182-100, JJ9190C, Tr./030-134 Tr./099- 67 Tr./182-93, JJ9216C, Tr./030- 140 Tr./099-73 Tr./182-99, JJ9194C, Tr./030-135 Tr./099-68 Tr./182- 94, JJ9212C, Tr./030-138 Tr./099-71 Tr./182-97, JJ9285C, Tr./030-146 Tr./099-78 Tr./182-105 and JJ9304C, Tr./030-147 Tr./099-79 Tr./182-107, has the honor to inform her of the following: The Swiss Federal Council has examined the declarations relating to Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 as amended by Article 6 of the Second Additional Protocol to the Convention of 8 November 2001 formulated by Austria, Belgium, the Czech Republic, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Romania, the Slovak Republic and Slovenia. These States declare that the European Public Prosecutor's Office (EPPO), in the exercise of its powers, as provided for in Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purposes of the issuing requests for mutual legal 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. These States further declare that 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. These declarations are intended to supplement the previous declarations relating to Article 24 of the Convention. The Federal Council considers that the European Convention […] as amended by the Second Additional Protocol allows States Parties to notify only their own judicial authorities as judicial authorities within the meaning of the Convention and the Additional Protocols. The European Public Prosecutor's Office is not a judicial authority of a State Party but an organ of the European Union with its own legal personality and judicial powers. Consequently, Switzerland is of the opinion that the declarations of the aforementioned States as well as the identical or similar declarations which will be, if necessary, formulated by other States participating in the European Public Prosecutor's Office are not in conformity with the Convention and are not enforceable against it. Therefore, collaboration between the Swiss authorities and the European Public Prosecutor's Office cannot take place based on the Convention and its Additional Protocols. Requests from the European Public Prosecutor's Office to the Swiss authorities are examined in the light of Swiss domestic legislation. Switzerland welcomes and supports the work of the Council of Europe aimed at drafting a binding instrument which will provide an international legal basis for criminal cooperation with the European Public Prosecutor's Office. |
22 | Ratificatie door Chili onder de volgende verklaring: Reservations In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 16 thereof. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 17 thereof. In relation to Articles 18 and 19 of the Second Additional Protocol, the Republic of Chile reserves the right under Article 33, paragraph 2, to accept controlled deliveries and covert investigations only where the Chilean laws expressly authorises such proceedings. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile reserves the right to accept Article 20 thereof. Declarations In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 1, of the Convention, replaced with Article 4 of this Protocol, requests for mutual assistance, as well as spontaneous information, shall be addressed to the Ministry of Foreign Affairs of Chile, the Central Authority for the purposes hereof, without prejudice to their being forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels. In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 2, of the Convention, replaced with Article 4 hereof, requests referred to in Article 11 of the Convention, replaced with Article 3 of this Protocol, as well as Article 13, shall be addressed, in all cases, to the Ministry of Foreign Affairs of Chile. Considering that the Republic of Chile makes no declaration as to Article 27 of the Second Additional Protocol, according to Article 4, paragraph 8, letter (d), the Republic of Chile declares that requests for mutual assistance forwarded by administrative authorities referred to in Article 15, paragraph 3, replaced with Article 4 of the Second Additional Protocol, shall always be forwarded to the Ministry of Foreign Affairs of Chile. In accordance with Article 15, paragraph 6, of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that the Ministry of Justice of Chile is the competent authority to which requests for mutual assistance referred to in Article 4 of the Additional Protocol must be forwarded. In accordance with Article 15, paragraph 8, letter (a), of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that in urgent cases where transmission is made by INTERPOL, under Article 15, paragraph 7, of the Convention, replaced with the Second Additional Protocol, where such communication relates to requests for mutual assistance referred to in Article 15, paragraph 6, of the Convention, replaced with the Second Additional Protocol, a copy shall be sent to the Ministry of Justice of Chile. In accordance with Article 6 of the Second Protocol, amending Article 24 of the Convention, the Republic of Chile declares that the courts of justice composing the Judiciary shall be deemed as Chilean judicial authorities for the purposes of the Convention. Mutual assistance requests for the purposes of this Convention may also be transmitted to the Public Prosecutor's Office, which shall request the intervention of the competent Guarantee Judge where, under Chilean laws, it is required due to the nature of the request. However, in no case will this declaration grant jurisdictional powers to the Public Prosecutor's Office or make it a judicial authority. In accordance with the provisions in Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Chile declares that it shall not apply the rules in this Article to hearings by video conference involving the accused person or the suspect. In accordance with the provisions in Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Chile declares that before an agreement is reached under Article 13, paragraph 1, it shall grant the temporarym transfer only with the consent of the detained person. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, under domestic regulations, the authorities competent for acceptance and coordination of requests for controlled deliveries is the Chilean Public Prosecutor's Office. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, according to domestic regulations, the authority responsible for accepting and coordinating requests for covert investigations is the Chilean Public Prosecutor's Office. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Chile declares that it submits the handling and lapse of the requesting party's information to domestic laws. . Chili heeft op 08-01-2018 de volgende verklaring afgelegd: Updating of contact information (Article 4): Public Prosecution of Chile Unit of International Cooperation and Extradition of the National Prosecution Unidad de Cooperación Internacional y Extradiciones de la Fiscalía Nacional del Ministerio Público Date of effect of the declaration: 8 January 2018 |
23 | Ratificatie door Ierland onder de volgende verklaring: Reservations: In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that documents to be served by post on behalf of another State Party must be sent via the Central Authority. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that it does not accept Article 17 (cross-border observations). In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that it does not accept Article 19 (covert investigations). Declarations: In accordance with Article 15, paragraph 8, of the Convention (as substituted by Article 4 of the Second Additional Protocol), the Government of Ireland declares that all incoming requests shall be sent to the Minister for Justice and Equality as the Central Authority: Central Authority for Mutual Assistance Department of Justice and Equality 51 St Stephen's Green Dublin 2 Fax +353 1 408 6117 In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of Ireland declares that it will always require the consent of the detained person before any transfer may take place. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of Ireland declares that the competent authorities for the purpose of this Article (controlled deliveries) are:
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24 | Ratificatie door Oekraïne onder de volgende verklaring: Reservations: In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 16. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 17. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 19. Declarations: In accordance with Article 3 of the Second Additional Protocol, Ukraine declares that the authorities, which are authorised under paragraph 2 of Article 11, as amended in Article 3 of the Second Additional Protocol, shall be the Ministry of Justice of Ukraine (in cases at the stage of judicial investigation) and the General Prosecutor's Office of Ukraine (in cases at the stage of pre-trial investigation). Ukraine declares that, in cases specified in paragraphs 1, 2 and 5 of Article 15 of the Convention, as amended in Article 4 of the Second Additional Protocol, if the direct channels of communication are not used the request in cases at the stage of judicial investigation shall be addressed to the Ministry of Justice of Ukraine, and the request at the stage of pre-trial investigation - to the General Prosecutor's Office of Ukraine. Ukraine declares that requests for mutual assistance under paragraphs 1, 3 (except for requests of administrative authorities) and 5 of Article 15 of the Convention, as amended in Article 4 of the Second Additional Protocol, shall be directly addressed through the main departments of justice (in cases at the stage of judicral investigation) and through prosecutor's offices of regional level (in cases at the stage of pre-trial investigation). Ukraine declares that the competent authorities for the direct receipt of requests under paragraph 6 of Article 15 of the Convention, as amended in Article 4, of the Second Additional Protocol, in Ukraine shall be courts that deliver judgements in individual case. In accordance with Article 15, paragraph 8, subparagraph d, of the Convention, as amended in Article 4 of the Second Additional Protocol, Ukraine reserves the right to perform the request of administrative authorities of the Parties referred to in paragraph 3 of Article 1 and paragraph 3 of Article 15 of the Convention, as amended in the Protocol, where they are addressed to the General prosecutor's Office of Ukraine. In accordance with Article 15, paragraph 9, of the Convention, as amended In Article 4 of the Second Additional Protocol, Ukraine agrees to accept and perform requests received through electronic or other means of communication, provided that the Requesting Party shall ensure the prompt provision of a written original of this request. Materials received as a result of the performance of such a request shall be provided to the Requesting Party after the receipt of the original request. For the purposes of Article 24 of the Convention, as amended in Article 6 of the Second Additional Protocol, Ukraine considers courts of general jurisdiction, prosecutors of all levels and authorities of pre-trial investigation as “judicial authorities”. Ukraine reserves the right not to be bound by the conditions imposed by the providing Party, which provides information pursuant to paragraph 2 of Article 11 of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. Ukraine declares that the consent of a person referred to in Article 13, paragraph 3, of the Second Additional Protocol, shall be obtained before an agreement between the competent authorities in accordance with paragraph 1. For the purposes of Article 18 of the Second Additional Protocol, the competent authorities in Ukraine are departments of the Ministry of Internal Affairs of Ukraine, of the Security Service of Ukraine and of the State Border Service of Ukraine. In accordance with Article 20 of the Second Additional Protocol, the authority in Ukraine which decides on setting up a joint investigation team shall be the General Prosecutor's Office in Ukraine. Ukraine delares that personal data transferred to another Party can not be used without previous consent of Ukraine for the purposes specifiec in Article 26, paragraph 1, of the Second Additional Protocol, within the framework of proceeding for which Ukraine may refuse or limit the transmission or use of personal data under the Convention or Protocols to it. Oekraïne heeft op 10-07-2013 de volgende verklaring afgelegd: Ukraine hereby communicates:
[The above-mentioned Annexes 1 and 2 are available in PDF format on the website of the Treaty Office of the Council of Europe.] 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 14-03-2017 de volgende verklaring afgelegd: Ukraine communicates the list of judicial authorities of Ukraine and the list of main territorial departments of the Ministry of Justice of Ukraine authorised to send and to receive requests for mutual assistance in criminal matters subject to requirements of Article 4 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182). 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. |
25 | Ratificatie door Frankrijk onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Second Additional Protocol France declares that it will not apply paragraph 2 of Article 17 of the said Protocol. In accordance with Article 15, paragraph 8(d), of the Convention, France declares that the following types of request shall be addressed to the Ministry of Justice, Directorate of Criminal Affairs and Pardons:
In accordance with Article 15, paragraph 8(d), of the Convention, France declares that requests for mutual assistance requiring co-ordinated enforcement in several member States of the European Union may also, where requests addressed to France are concerned, be forwarded through the intermediary of the French national member of the Eurojust judicial co-operation unit. In accordance with Article 9, paragraph 9, of the Second Additional Protocol, France declares that it will not apply the provisions of this article to hearings of prosecuted persons during appearances before the trial court. In accordance with Article 24 of the Convention, France declares that the following authorities shall be considered as French judicial authorities for the purposes of this Convention and its additional protocols:
In accordance with Article 15, paragraph 6, of the Convention, France declares that requests for copies of convictions and measures as set out in Article 4 of the Second Additional Protocol to the Convention can be sent directly to the courts which issued the decisions in question. In accordance with Article 15, paragraph 9, of the Convention, France declares that it will accept requests for mutual judicial assistance or any other communication effected under this Convention through any channels which permit access to a written record under conditions enabling it to verify its authenticity. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, France declares that it designates the following officers and authorities for the purposes of paragraph 1:
France declares that the competent authority for the purposes of Article 18 of the Second Additional Protocol is the State Prosecutor with the competent Regional Court (Tribunal de Grande Instance), or failing that, the State Prosecutor with the Paris Regional Court. France declares that the competent authorities for the purposes of Article 19, paragraph 2, of the Second Additional Protocol are the State Prosecutor with the Paris Regional Court or the investigating judge with the same Court, proceeding in accordance with the provisions of Article 694-7 of the Code of Criminal Procedure. In accordance with Article 32 of the Second Additional Protocol, France declares that this Protocol is applicable to the European and overseas departments of the French Republic. Frankrijk heeft op 27-05-2021 de volgende verklaringen 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. France withdraws its declaration to Article 9 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, contained in the instrument of ratification deposited on 6 February 2012. 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. |
26 | Ratificatie door Malta onder de volgende verklaring: Pursuant to Article 17 of the Second Additional Protocol, Malta avails itself of the opportunity afforded by Article 33, paragraph 2, to accept the use of cross-border observations provided this measure is xecuted under supervision of the Maltese competent authorities. In accordance with Article 9, paragraph 9, of the Second Additional Protocol, Malta declares that it does not meet requests for hearing by videoconference involving the accused person or the suspect. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, Malta declares that consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of person held in custody according to Article 13, paragraph 1. Pursuant to paragraph 4 of Articles 17, 18 and 19 of the Second Additional Protocol, Malta declares that the Attorney General's Office is designated as the Maltese judicial authority responsible for receiving requests for assistance involving the use of these measures. 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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27 | Ratificatie door Noorwegen onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Protocol, the Kingdom of Norway declares that it avails itself of the right not to accept Article 16. In accordance with Article 4, paragraph 9, of the Protocol, the Kingdom of Norway declares that requests for legal assistance forwarded by the use of electronic or other means of telecommunication will be accepted provided that the request is forwarded as soon as possible in its original written form. In accordance with Article 13, paragraph 7, of the Protocol, the Kingdom of Norway declares that the consent from the person concerned is required if he or she is sought temporarily transferred for other purposes than being heard as a witness or for purposes of confrontation. The same applies for temporary transfer in accordance with the European Convention on Mutual Assistance in Criminal Matter (Article 11) as amended by the Second Additionnal Protocol (Article 3). In accordance with Article 17, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent autority for the purposes of Article 17, paragraphs 1 and 2, is the National Criminal Investigation Service. In accordance with Article 18, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent authority for the purposes of Article 18 is the National Authority for Prosecution of Organised and other Serious Crime. In accordance with Article 19, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent authority for the purposes of Article 19, paragraph 2, is the Chief of Police in Oslo. Noorwegen heeft op 29-08-2013 de volgende verklaring afgelegd: In accordance with Article 26, paragraph 5, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Kingdom of Norway declares that personal data transmitted to another Party may not be used by the latter for the purposes of paragraph 1 unless with previous consent from Norwegian authorities. |
28 | Ratificatie door Moldavië onder de volgende verklaring: In accordance with Article 15, paragraph 8, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Republic of Moldova declares that all the requests for mutual assistance have to be forwarded to the Ministry of Justice and to the Office of the General Prosecutor. In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4, paragraph 9, of the Second Additional Protocol, the Republic of Moldova declares that the requests for legal assistance can be forwarded through any electronic or other means of telecommunication under the condition that the requesting party shall forward the original request at the same time. In accordance with Article 6 of the Second Additional Protocol, the Republic of Moldova declares that for the purposes of the Convention and Protocol, it considers as judicial authorities: the Supreme Court of Justice, the Courts of Appeal and other judiciary courts, the Office of the General Prosecutor and other prosecution authorities, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre. In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Moldova declares that it will not be bound by the conditions imposed by the providing Party under Article 11, paragraph 2, of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Moldova declares that it will grant the temporary transfer of the detained persons only with the consent of those persons. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph 1 and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph I and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph 1 and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service. In accordance with Article 20 of the Second Additional Protocol, the Republic of Moldova declares the Office of General Prosecutor as competent authority to set up a joint investigation team. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Moldova declares that, in proceedings for which the Republic of Moldova could have refused or limited the transfer or use of personal data in accordance with the provisions of the Convention or its Protocols, the personal data which it transfers to another Party can not be used by the latter for the purposes referred to Article 26, paragraph 1, of the Protocol without its prior consent. In accordance with Article 27 of the Second Additional Protocol, the Republic of Moldova declares that for the purposes of Article 1, paragraph 3, of the Convention, as administrative authorities are designated the judicial authorities. Moldavië heeft op 17-07-2023 de volgende verklaring afgelegd: The Republic of Moldova withdraws the second paragraph of its declarations to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, contained in the instrument of ratification deposited on 8 August 2013. |
29 | Ratificatie door Georgië onder de volgende verklaring: In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that requests for copies of convictions and measures as referred to in Article 4 of the Additional Protocol to the Convention shall be made directly to the Ministry of Internal Affairs of Georgia. In accordance with Article 15, paragraph 8(d), of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that all requests submitted concerning the mutual assistance shall be addressed to the Ministry of Justice of Georgia, except for certain types of requests referred to below:
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that it will accept and execute requests received by electronic or other means of telecommunication, if the request is urgent and its authenticity is undisputed, provided the requesting authority subsequently submits the original of the request within the period specified by the requested authority. In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 6 of the Second Additional Protocol, Georgia declares that for the purposes of the Convention and the Second Additional Protocol, the following authorities shall be considered as judicial authorities:
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, Georgia declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of Article 11, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. In accordance with Article 13, paragraph 7 of the Second Additional Protocol, Georgia declares that the consent as mentioned in Article 13, paragraph 3, will be required prior to the agreement on temporary transfer of a person held in custody pursuant to Article 13, paragraph 1. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Georgia declares that it avails itself of the right not to accept paragraph 2 of Article 17 of the Second Additional Protocol. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, Georgia declares that it designates the following authority for the purposes of paragraph 1 of Article 17 of the Second additional Protocol: Ministry of Internal Affairs of Georgia Central Criminal Police Department Address: General Gia Gulua St.10 0114 Tbilisi, Georgia Phone: +995 32 241 19 84; +995 32 241 87 76 Fax: +995 32 241 87 76 E-mail: cooperation@mia.gov.ge Website: www.police.ge In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Georgia declares that the authority competent for the purposes of Article 18 of the Second Additional Protocol shall be: Ministry of Internal Affairs of Georgia Central Criminal Police Department Address: General Gia Gulua St.10 0114 Tbilisi, Georgia Phone: +995 32 241 19 84; +995 32 241 87 76 Fax: +995 32 241 87 76 E-mail: cooperation@mia.gov.ge Website: www.police.ge In accordance with Article 19, paragraph 4, of the Second Additional Protocol, Georgia declares that the authority competent for the purposes of paragraph 2 of Article 19 of the Second Additional Protocol shall be: Ministry of Internal Affairs of Georgia Central Criminal Police Department Address: General Gia Gulua St.10 0114 Tbilisi, Georgia Phone: +995 32 241 19 84; +995 32 241 87 76 Fax: +995 32 241 87 76 E-mail: cooperation@mia.gov.ge Website: www.police.ge In accordance with Article 26, paragraph 5, of the Second Additional Protocol, Georgia declares that the personal data transmitted to another Party for the purposes of paragraph 1 of Article 26 of the Second Additional Protocol, shall not be used by it without the previous consent of Georgia. |
30 | Ratificatie door Zweden onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Sweden does not accept Article 17 (cross-border observations). In accordance with Article 4, paragraph 9, of the Second Additional Protocol, Sweden will accept requests for legal assistance forwarded by electronic means upon agreement in the particular case. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the competent authorities for the purpose of Article 18 are prosecutors, the Swedish National Police Board, police authorities, Swedish Customs and Swedish Coast Guard. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the competent authorities for the purpose of Article 19 are prosecutors, the Swedish Prosecution Authority, the Swedish National Police Board and police authorities. |
31 | Ratificatie door Finland onder de volgende verklaring: Pursuant to Article 13, paragraph 7, of the Protocol, the Republic of Finland declares that before an agreement is reached under paragraph 1 of Article 13, the consent referred to in paragraph 3 will be required if the person to be transferred is a national of Finland or resides permanently in Finland, or if a person who is not a national of Finland or does not reside permanently in Finland is to be transferred from Finland to a State other than a Member State of the European Union, Iceland or Norway. Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares in respect of Article 16 that any summons documents concerning a person accused of a crime and staying in the territory of Finland must be sent to the person at least 60 days before the date when the accused must appear before the court. Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares that it will not accept Article 17 of the Protocol. Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares that it will not accept Article 18 of the Protocol. Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares in respect of Article 19 that Finland can permit an officer of a foreign State to act in the Finnish territory only if the competent Finnish authority has requested assistance from the foreign State in question. Pursuant to Article 4, paragraph 6, of the Protocol, the Republic of Finland declares that it deems the Legal Register Centre to be the competent Finnish authority for the purposes of paragraph 6 of Article 4. Pursuant to Article 24 of the European Convention on Mutual Assistance in criminal matters of 1959, as amended by Article 6 of the Protocol, the Republic of Finland declares that it deems the following to be the Finnish judicial authorities for the purpose of the Convention:
Pursuant to Article 19, paragraph 4, of the Protocol, the Republic of Finland declares that, for the purposes of paragraph 2 of Article 19, it deems, in accordance with Chapter 10, sections 31 and 35 of the Coercive Measures Act (806/2011), the chief of the National Bureau of Investigation and the chief of the Security Intelligence Service to be the competent Finnish authorities who may decide on compliance with requests concerning covert investigations. 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. |
32 | Ratificatie door Turkije onder de volgende verklaring: In connection with Article 16, the Republic of Turkey does not accept directly address by post of judicial decisions and other documents by foreign authorities to the persons who are in the territory of Turkey via mail. In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Turkey declares that it does not accept Article 17 of the Second Additional Protocol. In accordance with Article 4, paragraph 8.b and c of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right to ensure that:
In line with Article 6 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that courts and chief public prosecutor's offices in Turkey shall be designated as judicial authorities. In accordance with Article 11, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right not to be bound by the conditions imposed by Article 11, paragraph 2, of the Protocol unless it receives prior notice of the nature of the information to be provided by the other State and that the information is to be forwarded to another person. In accordance with Article 27 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that for the purposes of Article 1, paragraph 3, administrative authorities are those that are authorized to impose administrative sanctions which may be subject to proceedings before a judicial authority having jurisdiction in criminal matters. Turkey declares that its signing/ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, nor should it imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. “The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish Cypriots in accordance with international treaties. This partnership was destroyed by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignty. There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignty over the Turkish Cypriots who have equal status or over the entire Island of Cyprus. Cyprus heeft op 23-01-2017 het volgende bezwaar gemaakt tegen de door Turkije bij de ratificatie afgelegde verklaring: The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182), dated 11 July 2016 and registered at the Secretariat General of the Council of Europe on 13 July 2016. The Republic of Turkey declares that its ratification of the Second Additional Protocol to the European Convention in Criminal Matters neither amounts to any form of recognition of the Republic of Cyprus, as party to that Protocol, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol. In the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Protocol. By such Declaration, the Republic of Turkey purports to evade its obligations under the Protocol vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Protocol. The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Protocol, in their entirety, between the Republic of Cyprus and the Republic of Turkey. Regarding the Republic of Turkey’s pretension, as expressed in the same Declaration, that “the Republic of Cyprus is defunct and that there is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole”, the Republic of Cyprus would like to remind of the following: Despite, being, through binding international agreements, a guarantor of “the independence, territorial integrity and security of the Republic of Cyprus” (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic. The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541 (1983) and 550 (1984). Resolution 541’s operative paragraph 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and “calls for its withdrawal”. Paragraph 6 then “calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus” and further at paragraph 7 “calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus”. Resolution 550, operative para. 2, also “condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal”. Para. 3 then “reiterates the call upon all States not to recognize the purported state of the “Turkish Republic of Northern Cyprus” set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity”. The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has “effective control over northern Cyprus”, is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention. Turkey is responsible for the policies and actions of the “TRNC” because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the “TRNC” (Turkey’s subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council ) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey’s assertions about that Government, which Turkey calls “the Greek Cypriot Administration” with pretences “to represent the defunct Republic”. The Turkish assertions constitute a propaganda ploy to divert attention from Turkey’s responsibility for the violations in occupied Cyprus. Turkey’s assertions and her assorted objections to the Republic of Cyprus’ authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the “TRNC”, have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus’s pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated in Turkey’s current Declaration). In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey’s invasion of Cyprus in July 1974. It refused to pronounce on Turkey’s version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott). It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content. Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand. Griekenland heeft op 01-06-2017 het volgende bezwaar gemaakt tegen de door Turkije bij de ratificatie afgelegde verklaring: The Government of the Hellenic Republic has examined the Declaration made by the Republic of Turkey upon ratification, on 11 July 2016, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, which raises grave concerns both from a political and a legal point of view. This declaration is politically unacceptable to the extent that a Member State of the United Nations and other regional organisations, such as the European Union and the Council of Europe, is designated as defunct, contrary to the relevant decisions and resolutions of these organisations. Likewise, this declaration is problematic from the legal point of view in so far as it provides that the signing/ratification by Turkey of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol. In fact, this statement amounts to a reservation, as it purports to exclude the application of the Protocol in its entirety between Turkey and the Republic of Cyprus. This is, however, contrary to Article 33, paragraph 2, of the Protocol, which explicitly mentions that, with the exception of Articles 16, 17, 18, 19 and 20 thereof, no other reservations may be made. In light of the above, the Government of the Hellenic Republic considers that the aforesaid Turkish reservation is impermissible as it is prohibited by Article 33, paragraph 2, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters as well as contrary to the object and purpose of this Protocol to the extent that it prevents the realisation of inter-State cooperation under the said Protocol. The Government of the Hellenic Republic, therefore, objects to the declaration made by the Republic of Turkey upon ratification of the above Protocol. This objection shall not preclude the entry into force of the Protocol between the Hellenic Republic and the Republic of Turkey. Portugal heeft op 07-07-2017 het volgende bezwaar gemaakt tegen de door Turkije bij de ratificatie afgelegde verklaring: The Government of the Portuguese Republic has examined the declaration made by the Republic of Turkey upon ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. It welcomes the ratification of the Additional Protocol by the Republic of Turkey as a significant step for the strengthening of the promotion of human rights and the rule of law. Nevertheless, the Portuguese Republic, as a European Union Member State, opposes the declaration of the Republic of Turkey since it describes another EU Member State, the Republic of Cyprus, as a defunct entity. |
33 | Ratificatie door Oostenrijk onder de volgende verklaring: In accordance with Article 6, Austria declares that it will regard as judicial authorities the Criminal Courts, the Public Prosecution Services as well as the Federal Ministry of Justice. In accordance with Article 17, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as competent officials for the implementation of a cross-border observation. In accordance with Section 55, paragraph 1, of the Federal Act of 4 December 1979 on Extradition and Mutual Legal Assistance, Federal Law Gazette Nr.529/1979, the Austrian authority competent for granting cross-border observations is the Public Prosecution Service where crossing of the border is expected to take place or where the observation will begin; in case of an observation of an incoming aircraft, the Public Prosecution Service where landing will take place. Should determination of a competent authority not be possible under these rules, the Vienna Public Prosecution Service is the competent authority for granting cross-border observations. In accordance with Article 18, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as well as the officials of the customs law enforcement authorities as competent officials for the implementation of a controlled delivery. Austria declares that the authority competent for granting requests under Article 18 is the Public Prosecution Service where crossing of the border is expected to take place or where the controlled delivery will begin. In accordance with Article 19, Austria declares that the Public Prosecution Service where the operation is expected to begin is the competent authority for requests under Article 19. In accordance with Article 27, Austria declares that the competent administrative authorities within the meaning of Article 1, paragraph 3, of the Second Additional Protocol are the district administrative authorities having territorial jurisdiction (district chief officers' departments or bodies of a city with a status of its own); however, in matters falling within the remit of the Land police departments in a local authority area in respect of which the Land police department is also the security authority of first instance, the Land police departments as well as the local fiscal law enforcement authorities (tax and customs authorities) are the competent administrative authorities. 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. Oostenrijk heeft op 16-02-2021 de volgende verklaring afgelegd: In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as well as the officials of the Customs Authority Austria in its capacity as fiscal law enforcement authority as competent officials for the implementation of a controlled delivery. Austria declares that the authority competent for granting requests under Article 18 of that Protocol is the Public Prosecution Service where crossing of the border is expected to take place or where the controlled delivery will begin. In accordance with Article 27 of the Second Additional Protocol, Austria declares that the competent administrative authorities within the meaning of Article 1, paragraph 3, of the Convention as amended by Article 1 of the Second Additional Protocol are the district administrative authorities having territorial jurisdiction (district chief officers' departments or bodies of a city with a status of its own); however, in matters falling within the remit of the Land police departments in a local authority area in respect of which the Land police department is also the security authority of first instance, the Land police departments as well as the fiscal law enforcement authorities (Anti-Fraud Office and Customs Authority Austria) are the competent administrative authorities. -- Austria declares that these declarations took effect on 1 January 2021. |
34 | Ratificatie door Hongarije onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Hungary reserves the right to exclude the application of Article 16 of the Second Additional Protocol in its entirety. In accordance with Article 15, paragraph 8.d of the Convention, Hungary reserves the right that in case of infringements of the rules of law, the Prosecutor General’s Office accepts and submits requests as the appointed central authority in Hungary. In accordance with Article 13, paragraph 7, of the Second Additional Protocol, Hungary declares that before an agreement is reached under Article 13, paragraph 1, consent from the person concerned referred to in Article 13, paragraph 3, will be required in each case. In accordance with Article 17, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 17, the appointed competent authority according to paragraphs 1 and 2 is the International Law Enforcement Cooperation Centre. In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 18, the appointed competent authority is the County Chief Prosecutor’s Office which is territorially competent with respect to the execution of the controlled delivery. In accordance with Article 19, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 19, the appointed competent authority is the territorially competent County Chief Prosecutor’s Office. In accordance with Article 26, paragraph 5, of the Second Additional Protocol, Hungary declares that in case of proceedings, where the transmission or use of personal data could be refused or limited in accordance with the provisions of the Convention or one of its protocols, personal data transmitted to another party may only be used for the purposes mentioned in Article 26, paragraph 1, with its previous consent. |
35 | Ratificatie door Spanje onder de volgende verklaring: Spain declares that, with regards to Article 4, paragraph 8, of the Second Additional Protocol, the request, unless it is urgent, shall be forwarded to the central authority designated in the declaration; in case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to the Ministry of Justice of Spain. The competent authorities designated by Spain for the purposes of Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, are the following:
In the event that the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters were to be extended to Gibraltar by the United Kingdom, Spain would like to make the following declaration:
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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36 | Ratificatie door Italië onder de volgende verklaring: In accordance with Article 24 of the Convention, as replaced by Article 6 of the Second Additional Protocol, the Government of the Italian Republic declares that the following shall be considered as judicial Authorities for the purposes of the Convention and its Protocols:
Pursuant to article 17 of the Second Additional Protocol, the Government of the Italian Republic declares that:
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. |
37 | Ratificatie door de Russische Federatie onder de volgende verklaring: Pursuant to Article 33, paragraph 2, of the Protocol, the Russian Federation reserves the right not to apply the provisions of Article 16, 17 and 19 of the Protocol. Pursuant to paragraph 2 of Article 33 of the Protocol, the Russian Federation reserves the right to apply the provisions of Articles 18 and 20 of the Protocol, on condition of achievement of the arrangement according to Article 21 of the Protocol that officials of the Party other than the Party of carrying out operation are immune from jurisdiction of the Party of carrying out operation concerning the actions committed by them in the performance of their official duties.
De Russische Federatie heeft op 18-12-2019 de volgende verklaring afgelegd: With reference to Article 18, paragraph 4, of the Second Additional Protocol and pursuant to the Federal Law of the Russian Federation of 6 June 2019 No. 120-FZ “On the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters”, the Russian Side excludes the following central bodies authorised to carry out controlled delivery:
De Russische Federatie heeft op 09-04-2020 de volgende verklaring afgelegd: With reference to Article 18, paragraph 4, of the Second Additional Protocol and pursuant to the Federal Law of the Russian Federation of 6 June 2019 No. 120-FZ “On the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters”, the Russian Side defines the following central bodies authorised to carry out controlled delivery:
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38 | Ratificatie door Slovenië onder de volgende verklaring: Pursuant to Article 18, paragraph 4, of the Protocol, the Republic of Slovenia declares that the competent authorities for the purposes of Article 18 are the Ministry of the Interior - Police, the competent State Prosecution Office and the competent Court - Investigation Judge. Pursuant to the Article 19, paragraph 4, of the Protocol, the Republic of Slovenia declares that competent authorities for the purposes of Article 19, paragraph 2 the Ministry of the Interior - Police, the competent State Prosecution Office and the competent Court - Investigation Judge. Pursuant to the Article 27 of the Protocol, the Republic of Slovenia declares that the administrative authorities for the purpose of the Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters are the authorities that, in accordance with national legislation of the Republic of Slovenia, carry out supervisory tasks over the implementation of regulations and are in this regard competent to make decisions about minor offences. In accordance with Article 17, paragraph 4, of the Protocol, the Republic of Slovenia declares that the competent authority for the purposes of paragraphs 1 and 2 of the Article 17 is: Ministry of the Interior Police General Police Directorate Criminal Police Directorate Stefanova 2 1000 Ljubljana The authority responsible for receiving the requests under the Article 17 is: Criminal Police Directorate International Police Cooperation Division 24/7 Mobile no.: +386 41 713 680 N.C. tel.no.: +386 1 428 4780 Fax: +386 1 251 7516 e-mail: interpol.ljubljana@policija.si sirene.slovenija@policija.si Stefanova 2 1000 Ljubljana 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. |
39 | Ratificatie door Liechtenstein onder de volgende verklaring: The Principality of Liechtenstein declares that it will deem as the Liechtenstein administrative authorities for the purposes of Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters the Government and its subordinate offices, staff units as well as the Financial Market Authority, which under Liechtenstein law can investigate offences and are empowered, once the investigation is concluded, to ask for the opening of judicial proceedings that may result in a conviction. The Principality of Liechtenstein declares in accordance with Article 6 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the Courts of law and the Office of the Public Prosecutor shall be regarded as Liechtenstein judicial authorities for the purpose of the Convention and the Protocol. The Principality of Liechtenstein declares in accordance with Article 17, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the national Police shall be the competent authority for receiving and executing requests under Article 17. The Principality of Liechtenstein declares in accordance with Article 18, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the National Police shall be the competent authority for receiving and executing requests under Article 18. The Principality of Liechtenstein declares in accordance with Article 19, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the Court of Justice is the competent authority to execute requests under Article 19. The Principality of Liechtenstein declares in accordance with Article 26, paragraph 5, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that Liechtenstein requires that the personal data transmitted by it to another Party for the purposes indicated in Article 26, paragraph 1, letters a and b, cannot be used without the consent of the person concerned except with the agreement of the member of the Government of the Principality of Liechtenstein responsible for Justice for the purposes of procedures for which Liechtenstein could have, according to the terms of the Convention or the Protocol, refused or limited the transmission or the use of personal data. |
40 | Ratificatie door Cyprus onder de volgende verklaring: In accordance with Article 15, paragraph 6, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus has designated the Chief of Police as competent authority. In accordance with Article 15, paragraph 8, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that all requests for mutual assistance should be addressed to the Ministry of Justice and Public Order. In cases of urgency, in accordance with sub-paragraph (c) of the same Article of the Convention, requests may be channelled through Interpol of Europol in case they are submitted by Member States of the European Union. In accordance with Article 15, paragraph 9, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that it will accept requests for mutual assistance, and any relevant documents, by facsimile or electronic mail, provided the requesting authority can prove, if deemed necessary, its authenticity. In accordance with Article 24 of the Convention, as replaced by Article 6 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the following shall be considered as judicial Authorities for the purposes of the Convention and its Protocols:
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the Republic of Cyprus reserves the right not to be bound by any conditions imposed by the providing Party under paragraph 2 of the aforesaid Article, unless it receives prior notice of the nature of the information to be provided and agrees to the transmission. In accordance with Article 17 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authorities for the purposes of paragraphs 1 and 2 this article are the Attorney General of the Republic and the Chief of Police. In accordance with Article 18 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authority for the purpose of this article are the Attorney General of the Republic, the Chief of Police and/or the Director of Customs and Excise. In accordance with Article 19 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authority for the purpose of this article is the Chief of Police. In accordance with Article 26 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the personal data transmitted to another Party for the purpose of paragraph 1 of the aforesaid Article shall not be used by that Party without the previous consent of the person concerned or of the competent Authority in Cyprus. 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. |
41 | Ratificatie door Duitsland onder de volgende verklaring: In accordance with Article 33 (2) of the Second Additional Protocol, the Federal Republic of Germany excludes the application of Article 16 in its entirety. In accordance with Article 33 (2) of the Second Additional Protocol, the Federal Republic of Germany reserves the right to make cross-border observations in its territory pursuant to Article 17 (1) third sentence always dependent on the observation being entrusted to the competent German authorities. Application of the urgent case provision laid down in Article 17 (2) is excluded in its entirety. In accordance with Article 4 of the Second Additional Protocol, the Federal Republic of Germany makes the following declarations: The competent authority pursuant to Article 4 (6) second sentence is the Bundesamt für Justiz (Federal Office of Justice), which may be contacted at the following address: Bundesamt für Justiz (Federal Office of Justice) Adenauerallee 99-103 53113 Bonn GERMANY Tel.: + 49 (0)228 99 410 – 40 Fax: +49 (0)228 99 410 – 5591 In accordance with Article 4 (8) (b), the Federal Republic of Germany declares that requests, except urgent requests, are to be addressed to the Federal Office of Justice. In accordance with Article 4 (8) (d), the Federal Republic of Germany declares that requests by administrative authorities are always to be addressed to the Federal Office of Justice, i.e. also in urgent cases. In accordance with Article 6 of the Second Additional Protocol, the Federal Republic of Germany up-dates its declaration in respect of Article 24 of the Convention and defines what authorities it will, for the purpose of the Convention, deem judicial authorities. These are as follows:
In accordance with Article 9 (2) of the Second Additional Protocol, the Federal Republic of Germany declares that pursuant to the fundamental principles of its law, a hearing of witnesses and experts by video conference may take place only on a voluntary basis. No costs may be imposed or administrative fines charged to witnesses or experts who do not comply with a request from a foreign judicial authority to be heard by means of a video conference. In accordance with Article 9 (9) of the Second Additional Protocol, the Federal Republic of Germany declares that a hearing of accused persons or suspects by video conference is not excluded in principle, but that such a hearing may take place only on a voluntary basis pursuant to Article 9 (8) third sentence. In accordance with Article 11 (4) of the Second Additional Protocol, the Federal Republic of Germany declares that it reserves the right not to be bound by the conditions imposed by the providing Party under Article 11 (2) unless the Federal Republic of Germany receives prior notice of the nature of the information to be provided and agrees to its transmission. In accordance with Article 13 (7) of the Second Additional Protocol, the Federal Republic of Germany declares that before an agreement is reached under Article 13 (1), consent from the person concerned referred to in Article 13 (3) will be required. In accordance with Article 17 (4), Article 18 (4) and Article 19 (4) of the Second Additional Protocol, the Federal Republic of Germany designates the Bundesamt für Justiz (Federal Office of Justice) as the authority that is competent for the purposes of these Articles. The Federal Office of Justice may be contacted at the following address: Bundesamt für Justiz (Federal Office of Justice) Adenauerallee 99-103 53113 Bonn GERMANY Tel.: +49 (0)228 99 410 – 40 Fax: +49 (0)228 99 410 – 5591 In urgent cases, requests on the basis of Articles 17, 18 and 19 may also be made to the Federal Criminal Police Office, which may be contacted at the following address: Bundeskriminalamt (Federal Criminal Police Office) 65173 Wiesbaden Email: mail@bka.bund.de Tel.: +49 (0)611 55 – 13101 Fax: +49 (0)611 55 – 12141 In accordance with Article 26 (5) of the Second Additional Protocol, the Federal Republic of Germany declares that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party may not be used by the other Party for the purposes of Article 26 (1) unless with the previous consent of the Federal Republic of Germany. In addition to that, the Federal Republic of Germany declares the following concerning the whole of Article 26 of the Second Additional Protocol: In applying this Article, it is the understanding of the Federal Republic of Germany that the Parties remain free, in consideration of the data protection interests of the persons concerned, to apply provisions that rule out the transmission of data to another Party or that allow transmission only subject to certain conditions. The Federal Republic of Germany therefore reserves the right, as necessary, to make the exchange of personal data dependent on compliance with the data protection requirements of the domestic law of the Federal Republic of Germany in specific individual cases. To this extent, the Federal Republic of Germany also reserves the right to make, in individual cases, mutual legal assistance on the basis of the Convention and its Protocols dependent on its limitation to a specific use or a special purpose. In this context, the Federal Republic of Germany makes reference to its declaration in respect of Article 12 (2) of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. According to this declaration, it is the understanding of the Federal Republic of Germany that Article 12 (2) of the Convention referred to above allows the Parties the freedom to make provisions in their national data protection law which may in certain cases, in consideration of the data protection interests of the persons concerned, rule out the transmission of data. Notwithstanding the above reservations and declarations, the Federal Republic of Germany declares in accordance with Article 33 (1) first and second sentences that it upholds all the reservations und declarations made in respect of the Convention and the Protocol. This applies in particular to the declaration in respect of Article 11 (1) sub-paragraph 2 of the Convention to the effect that the Federal Republic of Germany will refuse transfer in all the cases enumerated. 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), 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. |
42 | 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. |