Partijen en gegevens

Reservations

(under Article 23)

Declarations

Article 5

Search and seizure of property is permitted only if the conditions of Article 5, paragraph 1(a) and (c) of the European Convention on Mutual Assistance in Criminal Matters have been met.

Article 7

A request for the service of a summons on an accused person who is in the territory of the Federal Republic of Germany will, on principle, be executed only if it is received by the German authorities, at the latest one month before the date set for the appearance of the accused person.

Article 11

Transfer of a witness will be refused in all the cases enumerated in paragraph 1, sub-paragraph 2.

Article 16

Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language or into one of the official languages of the Council of Europe.

Article 24

Judicial authorities for the purposes of this Convention are:

Der Bundesminister der Justiz, Bonn-Bad-Godesberg (the Federal Minister of Justice);

der Bundesgerichtshof, Karlsruhe (the Federal Court of Justice);

der Generalbundesanwalt bei dem Bundesgerichtshof, Karlsruhe (the Federal Prosecutor-General at the Federal Court of Justice);

das Justizministerium Baden-Württemberg, Stuttgart (the Ministry of Justice of Baden-Wuerttemberg);

das Bayerische Staatsministerium der Justiz, München (the Bavarian State Ministry of Justice);

der Senator für Justiz, Berlin (the Senator of Justice);

der Senator für Rechtspflege und Strafvollzug, Bremen (the Senator for Judicial and Penal Affairs);

die Justizbehörde der Freien und Hansestadt Hamburg, Hamburg (the Judicial Authority of the Free and Hanseatic City of Hamburg);

der Hessische Minister der Justiz, Wiesbaden (the Hessian Minister of Justice);

der Niedersächsische Minister der Justiz, Hannover (the Minister of Justice of Lower Saxony);

der Justizminister des Landes Nordrhein-Westfalen, Düsseldorf (the Minister of Justice of Land Northrhine/Westphalia);

das Ministerium der Justiz des Landes Rheinland-Pfalz, Mainz (the Ministry of Justice of Land Rhineland-Palatinate);

der Minister für Rechtspflege des Saarlandes, Saarbrücken (the Minister for Judicial Affairs of the Saarland);

der Justizminister des Landes Schleswig-Holstein, Kiel (the Minister of Justice of Land Schleswig-Holstein);

das Bayerische Oberste Landesgericht, München (the Bavarian Supreme Court);

die Oberlandesgerichte (the Higher Regional Courts);

die Landgerichte (the Regional Courts);

die Amtsgerichte (the Local Courts);

die Staatsanwaltschaft bei dem Bayerischen Obersten Landesgericht, München (the Directorate of Prosecutions at the Bavarian Supreme Court);

die Staatsanwaltschaften bei den Oberlandesgerichten (the Directorates of Prosecutions at the Higher Regional Courts);

die Staatsanwaltschaften bei den Landgerichten (the Directorates of Prosecutions at the Regional Courts);

die Zentrale Stelle der Landesjustizverwaltungen zur Aufklärung national-sozialistischer Verbrechen, Ludwigsburg (Central office of the Land Judicial Administration for the Investigation of National Socialist Crimes).

Article 25

The European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 shall also apply to Land Berlin with effect from the date on which it will enter into force for the Federal Republic of Germany.

The declaration on Article 24 is herewith supplemented to the effect that judicial authorities for the purposes of the Convention are, in addition:

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Germany, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Germany in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, Germany avails itself of the opportunity to interpret the legal effects of that declaration as follows:

In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and that the declaration made by Germany in accordance with Article 15.8.b and d of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the German European Delegated Prosecutor's Office(s) in Germany. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.

In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by the German European Delegated Prosecutors, shall be transmitted by the Federal Office of Justice.

In accordance with Article 33(2) of the Second Additional Protocol, Germany declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Germany, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Germany and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Article 2

Assistance may be refused if the judicial authorities of Denmark or those of a third State have instituted legal proceedings against the accused for the offence which gave rise to proceedings in the requesting State; or if the accused has been convicted or acquitted by a final judgement given by the judicial authorities of Denmark or by those of a third State in respect of the offence which gave rise to proceedings in the requesting State; or if the said authorities have decided to waive or to discontinue proceedings in respect of the same offence.

Article 3, paragraph 2

A request for evidence to be taken on oath from a witness or expert may be refused if the competent Danish court does not consider the oath to be necessary.

Article 7, paragraph 1

A request for service to be effected otherwise than by simple transmission of the writ to the person to be served may be refused.

Article 11, paragraph 2

The Danish Government reserves its position on the whole of this clause.

Article 13, paragraph 1

The obligation to communicate extracts from judicial records under this provision shall apply only to the criminal record of a person charged with an offence.

Article 13, paragraph 2

The Danish Government reserves its position on the whole of this clause.’

Article 5, paragraph 1

A request for search or seizure may be refused if the conditions laid down in sub-paragraphs (a) and (c) of Article 5, paragraph 1, are not fulfilled.

Article 7, paragraph 3

A summons to be served on a person charged with an offence who is in Danish territory must be transmitted to the competent Danish authority a least 30 days before the date set for appearance.

Article 16, paragraph 2

Requests and annexed documents from countries other than Austria, France, the Federal Republic of Germany, Ireland, Norway, Sweden or the United Kingdom must be accompanied by a translation into either Danish or one of the official languages of the Council of Europe. With regard to longer documents, the Danish Government reserves the right, in any specific case, to require a Danish translation or to have one made at the expense of the requesting State.

Article 24

The term ‘judicial authorities’ in Denmark means 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.

Article 26

The Protocol on mutual legal assistance concluded on 26th June 1957 between Denmark, Norway and Sweden will remain in force.

Reservations

Reservations

Article 2

Finland declares that judicial assistance may be refused:

Article 11

Finland declares that the assistance referred to in Article 11 cannot be given in Finland.

Declarations

Declarations

Article 5

Finland declares that it will make the execution of letters rogatory for search or seizure of property referred to in Article 5 dependent on the conditions mentioned in sub-paragraph a and c of the said Article.

Article 7, paragraph 3

Finland declares that the service of summons on an accused person who is in Finland may be refused where the summons have not been transmitted to the competent Finnish authority at least 30 days prior to the date set for appearance.

Article 16, paragraph 1

Finland declares that the request and the annexed documents shall be drawn up in Finnish, Swedish, Danish or Norwegian or in English, French or German, or be accompanied by a translation into one of these languages.

Article 22

Finland declares that it will notify other Parties of the criminal convictions under Article 22 only as far as such information is available from the Criminal Register according to the Criminal Register Act of 20 August 1993 (770/93). Finland will not notify of measures taken subsequent to the conviction.

Article 24

Finland declares that for the purposes of the Convention the following are deemed to be judicial authorities in Finland:

The declaration related to Article 16, paragraph 2, of […] 10 March 1994, is amended as follows:

The Republic of Finland declares that requests and annexed documents must be written in Finnish, Swedish or English or must be accompanied by a translation into one of these languages; the competent authority may comply with a request for assistance even if the request and the annexed documents were in a language other than Finnish, Swedish or English, provided that the authority accepts the use of the foreign language in question and that no impediment exists otherwise to comply with the request

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.

The French Government declares that, by reason of the internal organisation and functioning of the judicial records department in France, the authorities responsible are unable to inform automatically the Contracting Parties to the present Convention, under Article 22 thereof, of measures taken subsequently to the conviction of their nationals — such as measures of clemency, rehabilitation or amnesty — which are entered in the judicial records.

The French Government gives, however, an assurance that the responsible authorities, if requested to do so in particular cases, will as far as possible supply the said Contracting Parties with details of the position of their nationals as regards the criminal law.

The French Government declares that the authorities to be considered for the purposes of this Convention as French judicial authorities are the following:

that as regards the field of application of the Convention the term ‘Algeria’ mentioned in Article 25 (2) must be interpreted as meaning the Algerian and Saharan Departments, and consequently as applying to the Departments of Oasis and Saoura.

In depositing this instrument of ratification, the Government of the French Republic declares:

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

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.

The Greek Government formulates reservations with regard to Articles 4 and 11 of the Convention, which are incompatible with Articles 97 and 459 of the Greek Code of Criminal Procedure.

Declarations

Declaration concerning Article 7 (3):

A summons to be served on an accused person who is in its territory shall be transmitted to its authorities not later than 40 days before the date set for appearance.

Declaration concerning Article 15 (6):

All requests and other communications under the Convention shall be sent to it through the Ministry for Foreign Affairs.

Declaration concerning Article 24:

For the purposes of the Convention, any competent court or tribunal shall be considered a judicial authority.

For the purpose of the Convention, any competent court or tribunal, and the Attorney General of the State of Israel, shall be considered a judicial authority.

Article 15, paragraph 6:

All requests and other communications to Israel under the convention should be sent to the following address:

Ministry of Justice, Directorate of Courts, Department of Legal Assistance to Foreign Countries, P.O. Box 34142 - 91340 Jerusalem.

Article 24:

For the purposes of the Convention, the following authorities shall be considered Judicial Authorities by the State of Israel:

For the purposes of the Convention, the following authorities shall be considered Judicial Authorities by the State of Israel:

Reservations

Reservation to Article 3 (1) and Article 5 (1):

Israel will not permit the execution of letters rogatory for transmission of articles to be produced in evidence, or for search and seizure of property, except in the case of extradition offences.

Reservation to Article 16:

Israel will require requests and annexed documents addressed to it to be accompanied by a translation into Hebrew, English or French.

Reservation to Article 17:

Israel will require all evidence or documents transmitted to it pursuant to the Convention to be authenticated by a certificate of an Israel diplomatic or consular representative.

Reservation to Article 22:

Israel will not undertake to notify automatically the ‘subsequent measures’ referred to in Article 22, but will use its best efforts to do so.

The Italian Government declares that:

The Italian Government requests that:

With a view to completing the declaration made on 23 August 1961 when depositing the instrument of ratification of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Italian Government declares that with reference to Article 24 of the Convention the following authorities shall be deemed judicial authorities in addition to those already mentioned in the above-mentioned declaration which in all other respects shall remain unaltered:

The Italian Government wishes to point out in this connection that the two above-mentioned authorities only acquired their full jurisdiction at a date subsequent to the deposit by Italy of the instrument ratifying the Convention.

The Constitutional Court in fact issued the necessary supplementary rules for the exercise of its jurisdiction in relation to prosecutions within the meaning of Article 134 of the Constitution in the regulations of 27.11.1962 published in Official Gazette No 320 of 15 December 1962.

The jurisdiction of the Parliamentary Commission of Enquiry was specified in Act No 20 of 25 January 1962 dealing with ‘Rules relating to proceedings and prosecutions’.

In accordance with Article 24 and for the purposes of the Convention, Italy declares that:

Having regard to the relations existing in public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), the term ‘metropolitan territories’, used in paragraph 1 of Article 25 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as it concerns the Kingdom, ‘European territory’.

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.

Reservations

Reservation to Article 2

The Netherlands Government reserves the right not to comply with a request for assistance

Reservation to Article 11

The Netherlands Government will not grant temporary transit, as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

Reservation to Article 22

The Netherlands Government will not notify the subsequent measures referred to in Article 22 except in so far as the organisation of its judicial records allows of so doing.

Reservation to Article 26

By reason of the special arrangements between the Benelux countries, the Netherlands Government does not accept Article 26 (1) and (3) in respect of its relations with the Kingdom of Belgium and the Grand Duchy of Luxembourg.

The Netherlands Government reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

Declarations

Declaration concerning Article 5

The Netherlands Government declares that letters rogatory for search or seizure within the Netherlands will not be executed save for extraditable offences within the meaning of the European Convention on Extradition, and provided that the Netherlands court has authorised execution in accordance with its municipal law.

Declaration concerning Article 24

The Netherlands Government declares that, as regards the Netherlands, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.

Declaration concerning Article 25 (4)

In the event of the Netherlands Government making a declaration extending to the application of the Convention to Surinam and/or the Netherlands Antilles, it may qualify such declarations by conditions relating to local needs and, in particular, may declare that the Convention can be denounced separately in respect of those countries.

Article 5, paragraph 1

The Government of the Principality of Liechtenstein declares that the Principality of Liechtenstein will make the execution of letters rogatory for the application of any coercive measure dependent on the condition mentioned under Article 5, paragraph 1(a) of the Convention.

Article 16, paragraph 2

The Principality of Liechtenstein stipulates that letters rogatory and annexed documents addressed to the Liechtenstein authorities in a language other than German — with the exception of requests for service of a summons — shall be accompanied by a translation into that language.

Reservations

Article 2

The Government of the Grand Duchy of Luxembourg reserves the right no to comply with a request for assistance:

Article 11

The Government of the Grand Duchy of Luxembourg will not grant temporary transit as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

Article 16

The Government of the Grand Duchy of Luxembourg will require requests and annexed documents addressed to it to be accompanied by a translation into French, German or English.

Article 22

The Government of the Grand Duchy of Luxembourg will not notify the subsequent measures referred to in Article 22 except in so far as the organisation of its judicial records allows of so doing.

Article 26

By reason of the special arrangements between the Benelux countries, the Government of the Grand Duchy of Luxembourg does not accept Article 26, paragraphs 1 and 3 in respect of its relations with the Netherlands and Belgium.

The Government of the Grand Duchy of Luxembourg reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

The reservations with respect to Article 2 of the Convention, are modified as follows:

The State General Prosecutor of the Grand Duchy of Luxembourg reserves the right not to comply with a request for assistance:

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.

Declarations:

Article 5

The Government of the Grand Duchy of Luxembourg declares that letters rogatory for search or seizure within the Grand Duchy of Luxembourg will not be executed save for extraditable offences within the meaning of the European Convention on Extradition, and provided that the court has authorised execution in accordance with its municipal law.

Article 24

The Government of the Grand Duchy of Luxembourg declares that, as regards the Grand Duchy of Luxembourg, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.

To Article 2:

Assistance can be refused:

To Article 3, paragraph 2:

A request for witnesses to give evidence on oath can be refused if in the opinion of the Norwegian Court concerned an oath should not be exacted.

To Article 7, paragraph 1:

A request for service of writs etc., otherwise than by the informal handing over of the document to the person in question, can always be refused.

To Article 11, paragraph 2:

Reservation is made to the provision in its entirety.

To Article 13, paragraph 1:

The obligation to communicate extracts from and information relating to judicial records applies exclusively to the penal record of persons who are being prosecuted for a criminal offence.

To Article 13, paragraph 2:

Reservation is made to the provision in its entirety.

To Article 5, paragraph 1:

A request for search or seizure can be refused if the conditions laid down in Article 5, paragraph 1, a, b and c, are not fulfilled.

To Article 7, paragraph 3:

A summons which is to be served on an accused person who is staying in Norway must be transmitted to the competent Norwegian authority at least 30 days prior to the date set for his appearance in court.

To Article 16, paragraph 2:

Requests and annexed documents not drawn up in Norwegian, Danish, English or Swedish, should be accompanied by a translation into Norwegian. If not, the right is reserved for a translation into Norwegian to be made for the account of the requesting state.

To Article 24:

For the purposes of this convention the term ‘judicial authorities’ applies in Norway to the courts and the office of the Public Prosecutor, including Chiefs of Police.

To Article 26:

The Protocol of the 26th June, 1957, between Norway, Denmark and Sweden on reciprocal assistance in legal matters shall remain in force.

The Government of Norway hereby replaces the declaration made in respect of Article 26, paragraph 4, of the Convention, with the following wording : "The Agreement of 26 April 1974 between Norway, Denmark, Iceland, Finland and Sweden on mutual assistance shall apply.

In accordance with Article 33, paragraph 3, of Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Kingdom of Norway withdraws the reservation made to Article 11 of the European Convention on Mutual Assistance in Criminal Matters.

Reservation to Article 1 (1)

Austria will only grant assistance in proceedings in respect of offences also punishable under Austrian law and the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities.

Reservation to Article 2 (a)

Austria will not lend assistance in the case of offences referred to under (a).

Reservation to Article 2 (b)

In ‘other essential interests of its country’ Austria will include maintaining the secrecy stipulated by Austrian legislation.

Reservation to Article 4

The presence of persons interested in the criminal procedure as parties to that procedure at the interrogation of witnesses, experts or accused persons will not be authorised.

Declaration concerning Article 5 (1)

Austria will make the execution of letters rogatory for search or seizure of property subject to the condition laid down in sub-paragraph (c).

Declaration concerning Article 7 (3)

Austria will not serve a summons on an accused person who is in Austrian territory, unless the summons is transmitted to the competent Austrian judicial authority at least 30 days before the date set for appearance.

Reservation to Article 11

In the cases mentioned in Article 11 paragraph 1 (a, b and c), the transfer of a person in custody as a witness or for purposes of confrontation will not be authorised.

Declaration concerning Article 16 (2)

Subject to the provisions of paragraph 3 of Article 16, requests and annexed documents, which are not drawn up in the German, French or English language, must be accompanied by a translation into one of these languages. A translation of informations mentioned in paragraph 1 of Article 21 is not required.

Declaration concerning Article 24

For the purposes of the Convention, Austria will regard as judicial authorities the Criminal Courts, the Department of Public Prosecution and the Federal Ministry of Justice.

The cases where Chapter 1 of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters is not applicable, the Republic of Austria will apply Article 2, paragraph (a) of the European Convention on Mutual Assistance in Criminal Matters in accordance with the relevant national legislation (Federal Act of 4 December 1979 on Extradition and Mutual Assistance in Criminal Matters, Federal Law Gazette No. 529/1979). According to Section 51, paragraph 1 of the said Act the performance of assistance is precluded in all cases where extradition would be inadmissable according to Sections 14 and 15 of the Act. The provisions read as follows:

Section 14. Extradition shall be inadmissible

Section 15. Extradition shall be inadmissible for offences which under Austrian law exclusively

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.

With reference to Note No. JJ8909C Tr./030-128 of the Directorate of Legal Advice and Public International Law of the Council of Europe of 1 August 2019, the Republic of Austria agrees to the extension of the United Kingdom of Great Britain and Northern Ireland’s ratification of the European Convention on Mutual Assistance in Criminal Matters to Gibraltar.

The Note of the United Kingdom of Great Britain and Northern Ireland of 29 July 2019 and this Note are representing an arrangement in the sense of Article 25, paragraph 5, of the European Convention on Mutual Assistance in Criminal Matter, which shall enter into force on the first day of the second month after the receipt of this Note by the Directorate of Legal Advice and Public International Law.

With this Note, the objection raised by the Note verbale of the Permanent Representation of Austria to the Council of Europe in Strasbourg, No. xATT/0531/2019, of 25 October 2019, is withdrawn.

Reservations

Article 2

Judicial assistance may be refused:

Article 5

The judicial assistance for which this Article provides cannot be obtained in Sweden.

Article 10, paragraph 3

This clause will not be applied to a witness or expert summoned by the person concerned only.

Article 11

The assistance referred to by this article cannot be given by Sweden.

Article 13, paragraph 1

Extracts from or information in the judicial records will be made available only in respect of an individual who has been charged or brought to trial.

Article 13, paragraph 2

The assistance referred to cannot be given in Sweden.

Article 15, paragraph 7

The Protocol of 26th June 1957 concerning judicial assistance as between Sweden, Denmark and Norway will remain in force.

Article 16

No compulsory notification or summons will be served unless translated into Swedish.

Article 20

The reservation stated with regard to Article 15, paragraph 7, applies.

Article 22

Sweden will not notify measures taken subsequent to the conviction. Other Swedish notifications will be communicated by the Ministry of Foreign Affairs, to which corresponding foreign notifications must likewise be communicated.

Sweden withdraws its general reservation regarding Article 11of the European Convention on Mutual Assistance in Criminal Matters. When requests are submitted in accordance with Article 11, Sweden will require, by virtue of the reservation made with regard to Article 2, that the offence which the request refers to is a crime under Swedish law. The other reservations which Sweden has made with regard to Article 2 will not be applied where requests are submitted under Article 11. In view of what has been stated above, Sweden is prepared to give the assistance referred to in Article 11 to the following extent.

After a request has been submitted by a foreign state, a person in custody in Sweden may be transferred to the requesting state for a hearing or confrontation in connection with a preliminary investigation or trial, if the hearing of confrontation concerns matters other than the offences committed by the person in custody. Such a request is examined by the Government.

A request for transfer shall be rejected if the person in custody does not consent to transfer. A request may also be rejected,

The request shall contain details of

The Minister of Justice may grant permission for the transportation through Sweden of a person in custody in a foreign state who is to be transferred to another state for a hearing or confrontation.

As regards the way in which a request for transfer or transportation of a person in custody is to be presented we refer to Sweden's declaration under Article 15 item 6 of the Convention.

A request for assistance may be refused if in Sweden a judgment or decision on waiver of prosecution has been issued concerning the same act.

The Agreement of 26 April 1974 between Sweden, Denmark, Finland and Norway on mutual assistance through service and collection of evidence shall apply.

Notifications concerning subsequent measures will be given to the extent that this is possible, according to Swedish regulations.

Declarations

Article 7, paragraph 3

Service of a summons on a person who is in Sweden must be transmitted to the Swedish authorities at least 30 days before the date fixed for appearance.

Article 15, paragraph 6

Requests for assistance addressed to Sweden under this Convention must be transmitted by diplomatic channels. In case of urgency such requests may be addressed directly to the Legal Affairs Directorate of the Royal Ministry of Foreign Affairs. Requests coming from Sweden will be sent through diplomatic channels or Swedish consulates.

Article 16, paragraph 2

Requests and annexed documents, such as those mentioned in Articles 3 and 21, must be accompanied by a translation in Swedish, Danish or Norwegian.

Article 21, paragraph 1

Information laid by one or other Party must be transmitted through diplomatic channels.

Article 24

Judicial authorities are deemed to mean, for the application of Articles 3, 4 and 6, the courts and investigating judges and, in other cases, the courts, investigating judges and prosecuting officials attached to courts.

Sweden withdraws its general reservation in regard to Article 5 of the European Convention on Mutual Assistance in Criminal Matters and will be prepared to afford, to the following extent, such assistance as is referred to in this Article.

If anyone is suspected or accused of, or sentenced for, having committed in a Contracting State an offence, which is punishable according to the criminal law of that State, any property as well as records and documents located in Sweden may be seized and handed over to the foreign State, if there are reasonable grounds to believe that the property, records or documents may be of importance for the investigation of the offence or that someone may have been deprived of them in consequence of the offence. For the searching of property, in respect of which a decision of seizure has been pronounced, house-visitation may be carried out.

For the execution of letters rogatory relating to seizure or housevisitation Sweden will require

Mention should in this connection be made of the reservations, which Sweden has made in regard to Article 2 of the Convention.

The request for assistance should indicate the name, nationality and residence of the person concerned, the property sought, the nature of the offence, the time and place of the commission of the offence as well as the relevant legal provisions in the requesting State. The text of these provisions shall also be submitted.

If a sentence has been pronounced in the requesting State, a copy of that sentence shall be attached to the request. Otherwise, particulars shall be given of the circumstances invoked in support of the suspicion or the charge and, if such has been preferred, the private claim.

The Swedish authorities may, if necessary, request additional information from the requesting State.

Sweden will make the execution of letters rogatory for search and seizure subject to the conditions laid down in paragraph 1, subparagraph a) and c).

A person in Sweden who has been deprived of liberty may be transferred to another State if the questioning or confrontation concerns matters other than the investigation of the criminal liability of the person deprived of liberty.

Requests and annexed documents, suc[lees: such] as those mentioned in Articles 3 and 21, must be accompanied by a translation in Swedish, Danish or Norwegian.

The application together with the appendices shall be translated to Swedish, Danish or Norwegian, unless the authority dealing with the application otherwise allows in the individual case.

For the purposes of the Convention Sweden deems courts and prosecutors to be judicial authorities.

Article 24

In matters concerning service of documents under Article 7 of the Convention:

County Administrative Board of Stockholm.

In respect of Article 1:

The Swiss Federal Council declares that the following authorities are to be regarded as Swiss judicial authorities for the purposes of the Convention:

In respect of Article 2:

In respect of Article 5, paragraph 1:

The Swiss Federal Council declares that Switzerland will make the execution of all letters rogatory requiring the application of any coercive measure dependent on the condition stated in Article 5, paragraph 1, (a), of the Convention.

In respect of Article 7, paragraph 3:

Switzerland demands that all requests for the service of a summons on an accused person who is in Switzerland, should reach the Swiss authority which is competent under Article 15, paragraph 4, not later than 30 days before the date set for appearance.

In respect of Article 11, paragraph 3, Article 13, paragraph 1 and Article 15, paragraphs 1 and 3:

The Swiss Federal Council declares that, under these provisions, the competent authorities in Switzerland are:

for the submission and receipt of requests for extracts from judicial records, in accordance with the first sentence of Article 15, paragraph 3.

In respect of Article 12, paragraph 3:

The Swiss Federal Council declares that, for the Swiss authorities, the condition contained in Article 12, paragraph 3, for the cessation of immunity is — unlike the condition laid down in Article 14 of the European Convention on Extradition — only fulfilled when the witness, expert or accused person at liberty is not prevented by any legal or practical obstacle from freely leaving the territory of the requesting State.

In respect of Article 13, paragraph 2:

Since anybody may obtain extracts from his own judicial record, Switzerland reserves the right not to comply with requests made under Article 13, paragraph 2, unless it is established that it is necessary to obtain such extract through official channels.

In respect of Article 16, paragraph 2:

Switzerland demands that all requests for mutual assistance and annexes thereto addressed to its authorities, with the exception of requests for the service of summonses, be accompanied by a translation into French, German or Italian if they are not drawn up in one of those languages.

The Swiss Federal Council has decided, in its meeting on 12 November 1996, to modify the reservation made by Switzerland with regard to Article 2, by deleting the words ‘in specific cases’ in the sub-paragraph b and by adding a new sub-paragraph c. The reservation made by Switzerland will subsequently have the following new content:

‘Article 2

Referring to the reservation formulated by Switzerland with respect to Article 2 of the Convention, from which the new wording has been communicated on 5 December 1996, the Permanent Representation of Switzerland has the honour to precise the following.

The amendment (deletion of the phrase ‘in specific cases’) made to paragraph b of the reservation formulated by Switzerland in 1966 is not to be interpreted as an extension of that reservation, rather the contrary.

In fact, on the one hand, since the entry into force of the Federal Law of 20 March 1981 on Mutual Assistance in Criminal Matters, the phrase mentioned above has become superfluous. On the other hand, the general principle of speciality, which paragraph b of the reservation merely restates, will in future be applied less rigidly by Switzerland, as indeed further appears from the new paragraph c) added to the Swiss reservation.

Article 11:

The Swiss Federal Council declares that the competent authorities in Switzerland for the issue of warrants for the arrest of persons in custody who are transferred to the Swiss authorities under Article 11, paragraphs 1 and 2, of the Convention is the Federal Office of Justice of the Federal Department of Justice and Police in Berne.

Article 15:

The list of the Swiss central authorities territorially competent to which a request can be addressed, can be consulted online at the following address: http://www.elorge.admin.ch. The Swiss Federal Council declares that the competent authorities in Switzerland are:

Article 24:

The Swiss Federal Council declares that the following authorities shall be regarded as Swiss judicial authorities for the purposes of the Convention:

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.

The Government of the Kingdom of the Netherlands declares having regard to Article 16, that the Kingdom of the Netherlands will require requests for legal assistance regarding the Netherlands Antilles and Aruba to be accompanied by an English translation; declares in accordance with the declaration of the Netherlands Government concerning Article 25, paragraph 4 that the Convention may be denounced separately in respect of the Netherlands Antilles and Aruba.

Spain modifies its declaration to Article 24 of the Convention contained in the instrument of ratification. This modification applies also to the Additional Protocol to the Convention, and reads as follows: In accordance with Article 24 of the Convention, Spain declares that for the purposes of the Convention, the following shall be deemed judicial authorities:

This declaration applies also to the Additional Protocol to the Convention, done in Strasbourg on 17 March 1978.

Regarding the European Convention on Mutual Assistance in Criminal Matters, Spain wishes to replace the terms ‘Registrars’ in the English version and ‘Greffiers’ in the French version, by ‘Secretarios Judiciales’ in the text of the declaration made by Spain pursuant to Article 24. This modification also applies to the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 17 March 1978. This modification is done following the instructions of the Ministry of Justice, as the English word ‘Registrars’ and the French word ‘Greffiers’ are not exactly equivalent to the functions exercised by the ‘Secretarios Judiciales’ in the Spanish judicial system.

Therefore, as the terms specific to the domestic laws (such as ‘Rechtspfleger’ and ‘Greffier’) are used in their own languages, given their singularity, according to the Ministry of Justice, the term ‘Secretarios Judiciales’ should be used without being translated in the text of the declaration made to Article 24 of said Convention.

Central authority:

Updating of contact information:

(Article 15.6)

Subdirección General de Cooperación Jurídica Internacional

Ministerio de Justicia

[...]

Article 1, paragraph 1

Iceland will only afford assistance in proceedings in respect of offences also punishable under Icelandic law. Assistance may be refused:

Article 13, paragraph 1

The obligation to communicate extracts from and information relating to judicial records under this provision applies only to the criminal record of the person charged with an offence in the criminal matter concerned.

Article 5, paragraph 1

A request for search or seizure of property may be refused if the conditions laid down in Article 5, paragraph 1, subparagraphs a., b. and c. are not fulfilled.

Article 7, paragraph 3

A summons to be served on an accused person who is in Iceland must be transmitted to the competent Icelandic authorities at least 50 days before the date set for appearance.

Article 15, paragraph 6

All requests for assistance in Iceland under the Convention must be addressed to the Ministry of Justice.

Article 16, paragraph 2

Requests and annexed documents not drawn up in Icelandic, Danish, English, Norwegian or Swedish shall be accompanied by a translation into Icelandic or English.

Article 24

For the purposes of the Convention the term ‘judicial authorities’ in Iceland means the Ministry of Justice, the courts, the State Prosecutor and Chiefs of Police.

Reservations

Declarations

Declaration 1

Article 15 (1)

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 Article 11, paragraph 2, Article 15, paragraphs 1, 3 and 6 and Article 21, paragraph 1 and Article 22 are to the Home Office.

Declaration 2

Article 16 (2)

In accordance with Article 16, paragraph 2, the Government of the United Kingdom reserves the right to stipulate that requests and annexed documents shall be addressed to it accompanied by translations into English.

Declaration 3

Article 24

In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom deems the following to be judicial authorities:

The Government of the United Kingdom declares that the declaration made under Articles 11, 15, 21 and 22 of the Convention, on 29 August 1991, should henceforth read as follows:

‘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 Article 11, paragraph 2, Article 15, paragraphs 1, 3 and 6, Article 21, paragraph 1 and Article 22 are to the Home Office (for England and Wales), the Crown Office (for Scotland) and the Northern Ireland Office (for Northern Ireland).’.

The Government of the United Kingdom declares that, with reference to the declaration made under Article 24 of the Convention, on 29 August 1991, it also deems ‘The Commissioners of the Inland Revenue’ and ‘The Financial Services Authority’ to be judicial authorities for the purposes of the Convention, in addition to the authorities already listed.

As of 1 April 2005, the Government of the United Kingdom will no longer deem the Solicitor of Her Majesty's Customs and Excise and any person within the Solicitor's Office authorised by him or the Commissioners of the Inland Revenue to be judicial authorities for the purposes of the Convention. The Government of the United Kingdom wishes to replace the aforementioned authorities with the Director of the Revenue and Customs Prosecutions Office and anyone within that Office authorised by him. The declaration made under Article 24 of the Convention should read as follows with effect from 1 April 2005:

In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom deems the following to be judicial authorities:

As of 1 April 2005, the Government of the United Kingdom will deem the Director of the Revenue and Customs Prosecutions Office and anyone within that Office authorised by him to be judicial authorities for the purposes of the Convention, in addition to the authorities already listed in the declaration made under Article 24 of the Convention.

As of 1 May 2005, the Government of the United Kingdom will no longer deem the Solicitor or Her Majesty's Customs and Excise and any person within the Solicitor's Office authorised by him or the Commissioners of the Inland Revenue to be judicial authorities for the purposes of the Convention. The Government of the United Kingdom wishes to replace the aforementioned authorities with. The declaration should read as follows with effect from 1 May 2005:

In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom deems the following to be judicial authorities:

Reservation

Under the terms of Article 5.1.a and 5.1.c the execution of letters rogatory for search or seizure of property will be made on conditions that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Czech an[lees: and] Slovak Federal Republic and the execution of the letters rogatory is consistent with the law of the Czech and Slovak Federal Republic.

Declarations

Within the meaning of Article 15, paragraph 6 of the European Convention on Mutual Assistance in Criminal Matters, the letters rogatory relating to a criminal matter shall be adressed to the General Prosecution of the Czech and Slovak Federal Republic before the case is brought before a court and to the Ministry of Justice of the Czech Republic or the Ministry of Justice of the Slovak Republic after it has been brought before a court.

In accordance with the European Convention on Mutual Assistance in Criminal Matters, the service of a summons on an accused person who is in the territory of the Czech and Slovak Federal Republic shall be transmitted to the respective authorities of the Czech and Slovak Federal Republic at least 30 days before the date set for appearance.

The judicial authorities in charge of the implementation of the European Convention on Mutual Assistance in Criminal Matters shall be the General prosecution of the Czech and Slovak Federal Republic, the Ministry of Justice of the Czech Republic and the Ministry of Justice of the Slovak Republic.

Reservations

Article 2

Hungary reserves the right to afford assistance only in procedures instituted in respect of such offences, which are also punishable under Hungarian law.

Article 13, paragraph 1

Extracts from or information on the judicial records will be made available only in respect of an individual who has been charge or brought to trial.

Article 13, paragraph 2

The assistance referred to in this paragraph can not be given by Hungary.

Declarations

Article 5, paragraph 1

Search and seizure will be executed in Hungary on condition provided for in subparagraph c.

Article 7, paragraph 3

Summons on persons staying in Hungary will only be served, if the summons is transmitted to the competent Hungarian authority at least 40 days before the date set for appearance.

Article 15, paragraph 6

Hungary declares that request addressed to its judical authorities for assistance shall be sent to the Ministry of Justice.

Article 16

A translation of the request for assistance and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, will be required, if they are not drawn up in these languages.

Article 22

Hungary declares that it will not inform other Contracting Parties automatically of criminal convictions and subsequent measures referred to in this Article.

Article 24

For the purpose of the Convention the following shall be deemed judicial authorities in Hungary: courts, public prosecutor's offices, the Ministry of Justice and the Chief Public Prosecutor's Office.

The Permanent Representation of the Federal Republic of Germany to the Council of Europe presents its compliments to the General Secretariat of the Council of Europe and has the honour to inform the Secretariat that, with regard to the continued application of treaties of the Federal Republic of Germany and the treatment of treaties of the German Democratic Republic following its accession to the Federal Republic of Germany with effect from 3 October 1990, the Treaty of 31 August 1990 between the Federal Republic of Germany and the German Democratic Republic on the establishment of German unity (Unification Treaty) contains the following relevant provisions.

(The treaties listed in Annex I concern matters of status and security.) ’

Article 2

The Government of Malta reserves the right to refuse assistance if the person who is the subject of a request for assistance has been convicted or acquitted in Malta of any offence which arises from the same fact giving rise to proceedings in the requesting State in respect of that person.

Article 3

The Government of Malta reserves the right not to take the evidence of witnesses or require the production of records or other documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.

Article 5, paragraph 1

The Government of Malta reserves the right not to execute letters rogatory for search or seizure if (a) the offence motivating the letters rogatory is not punishable under both the law of the requesting State and the law of Malta, or (b) the execution of the letters rogatory is not consistent with the law of Malta.

Article 7, paragraph 3

For the purpose of Article 7, paragraph 3, the Government of Malta requests that the summons to be served on an accused person who is in its territory be transmitted to its authorities at least 50 days before the date set for appearance.

Article 11

The Government of Malta is unable to grant requests made under Article 11.

Article 12

The Government of Malta will only consider the granting of immunity under Article 12 where this is specifically requested by the person to whom the immunity would apply or by the appropriate authorities of the State from whom assistance is requested. A request for immunity will not be granted where the Government of Malta considers that granting it would not be in the public interest.

Article 15, paragraph 6

The Government of Malta notifies that all requests for assistance should be sent to it addressed to the Attorney General.

Article 16, paragraph 2

The Government of Malta declares that request and annexed documents should be addressed to it accompanied by a translation into English.

Article 21

The Government of Malta reserves the right not to apply Article 21.

Article 24

In accordance with Article 24 for the purpose of the Convention, the Government of Malta deems the following to be ‘judicial authorities:

In accordance with Article 24 of the Convention, Malta declares that for the purpose of the Convention, the Government of Malta deems the following to be ‘judicial authorithies’:

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:

The Republic of Bulgaria declares that it reserves the right to execute letters rogatory for search or seizure of property only on the conditions set out in Article 5 paragraph 1 (a) and (c).

The Republic of Bulgaria declares that a summons on an accused person who is in its territory must be transmitted to the competent authorities no later than 50 days before the date set for that person’s appearance.

The requirement to communicate extracts from judicial records applies solely to such information concerning pending criminal cases as is not covered by official secrecy under Bulgarian law.

The Republic of Bulgaria declares that requests for assistance or letters rogatory must be addressed to the Ministry of Justice.

The Republic of Bulgaria declares that, for the purposes of the Convention, it deems to be judicial authorities the Courts, the Public Prosecutor Office and the Ministry of Justice.

The Republic of Bulgaria declares that it will require that requests for assistance and annexed documents be accompanied by a translation into Bulgarian, or in the absence of such, by a translation into either of the official languages of the Council of Europe.

The Republic of Bulgaria declares that, for the purposes of the Convention, it defines to be judicial authorities the Courts, the public prosecutor's offices, the investigation authorities and the Ministry of Justice.

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.

Under the terms of Article 5.1.a and 5.1.c the execution of letters rogatory for search or seizure of property will be made on conditions that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Czech Republic and the execution of the letters rogatory is consistent with the law of the Czech Republic.

Within the meaning of Article 15, paragraph 6 of the European Convention on Mutual Assistance in Criminal Matters, the letters rogatory relating to a criminal matter shall be addressed to the General Attorney Office of the Czech Republic before the case is brought before a court and to the Ministry of Justice of the Czech Republic after it has been brought before a court.

In accordance with the European Convention on Mutual Assistence in Criminal Matters, the service of a summons on a accused person who is in the territory of the Czech Republic shall be transmitted to the respective authorities of the Czech Republic at least 30 days before the date set for appearance.

The judicial authorities in charge of the implementation of the European Convention on Mutual Assistance in Criminal Matters shall be the General Attorney Office of the Czech Republic and the Ministry of Justice of the Czech Republic.

This declaration amends the declaration contained in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 15 april 1992, handed over to the Secretary General at the time of deposit of the instrument of ratification, and confirmed in a letter from the Minister for Foreign Affairs of the Czech Republic dated 1 January 1993, registered at the Secretariat General on 2 January 1993.

In compliance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters and Article 8 of its Additional Protocol, I declare that, for the purposes of the Convention and its Additional Protocol, the following authorities shall be considered as judicial authorities: the Office of the Supreme Prosecutor of the Czech Republic, the Regional and District Offices of the Prosecutors, the Town Prosecutor's Office in Prague, the Ministry of Justice of the Czech Republic, the Regional and District Courts and the Town Court in Prague.

The declaration made by the Czech Republic related to Article 15, paragraph 6, of the Convention, registered at the Secretariat General on 16 March 1994, is amended as follows:

In accordance with Article 15(6) of the Convention, the Czech Republic declares that:

In accordance with Article 26, paragraph 4, of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Czech Republic notifies that as from 16 August 2018, it will apply legislation implementing the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in Criminal Matters (hereinafter, the “Directive”), which the Czech Republic considers a uniform law within the meaning of this article and which the Czech Republic will apply within the scope of the Directive in relation to those member States of the European Union that also apply legislation implementing the Directive.

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.

In compliance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters and Article 8 of its Additional Protocol, I declare that, for the purposes of the Convention and its Additional Protocol, the following authorities shall be henceforth considered as judicial authorities: the District and Regional Offices of the Prosecutors, the Town Prosecutor's Office in Prague, the District and Regional Courts and the Town Court in Prague.

Article 5, paragraph 1

The Republic of Poland reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the conditions mentioned in Article 5, paragraph 1(a)(b)(c) of the Convention.

Article 7, paragraph 3

The transmission of the summons can be refused if less than 30 days remain before the date of appearance.

Article 13

Only information available in the Central Register of Convicted Persons shall be transmitted.

Article 15, paragraphs 2 and 6

When the letters rogatory are addressed directly to the judicial authorities, a copy of these letters rogatory shall be transmitted to the Ministry of Justice.

Article 16, paragraph 2

The requests and other documents being transmitted shall be accompanied by a translation into the Polish language or into an official language of the Council of Europe; the translation of the documents which are to be transmitted is not necessary if the transmission has the form of a simple service. In other cases they shall be translated into the Polish language if the receiver is a Polish national or if his permanent residence is in Poland.

Article 24

For the purposes of the Convention, the public prosecutor's offices shall be also deemed to be ‘judicial authorities.

Article 2

The Government of Ireland reserves the right to refuse assistance if criminal proceedings have been instituted or concluded in Ireland or in a third State against a person who is the subject of the request for assistance in respect of the same conduct as that giving rise to proceedings in the requesting State in respect of that person.

The Government of Ireland reserves the right to make the supply of any material or evidence, in response to a request for assistance, subject to the condition that such material or evidence shall not, without its consent, be used for a purpose that was not specified in the request.

Article 3

The Government of Ireland reserves the right not to take the evidence of witnesses or require the production of records or documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.

Article 11, paragraph 2

The Government of Ireland is unable to grant requests made under Article 11, paragraph 2, for a person in custody to transit through its territory.

Article 21

The Government of Ireland reserves the right not to apply Article 21.

Article 22

The Government of Ireland will not notify criminal convictions or subsequent measures under Artide 22 except insofar as the organisation of its judicial records allows of so doing.

Portugal declares that it will execute letters rogatory for search or seizure only if the conditions laid down in sub-paragraph a) and c) of Article 5 are fulfilled.

Portugal declares that requests and annexed documents addressed to it must be accompanied by a translation into Portuguese or French.

According to Article 7, paragraph 3, Portugal declares that a summons on an accused person who is in its territory must be transmitted to its authorities at least 50 days before the date set for appearance.

Under the terms of Article 24, Portugal declares that, for the purpose of the Convention, the Public Prosecutor must be considered as judicial authority.

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: