Vorbehalte und Erklärungen für Vertrag Nr.182 - Zweites Zusatzprotokoll zum Europäischen Übereinkommen über Rechtshilfe in Strafsachen

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 20/08/2019

Deutschland

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In accordance with Article 9 (2) of the Second Additional Protocol, the Federal Republic of Germany declares that pursuant to the fundamental principles of its law, a hearing of witnesses and experts by video conference may take place only on a voluntary basis. No costs may be imposed or administrative fines charged to witnesses or experts who do not comply with a request from a foreign judicial authority to be heard by means of a video conference.
In Kraft: 01/06/2015 -
Artikel betroffen : 9

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In accordance with Article 9 (9) of the Second Additional Protocol, the Federal Republic of Germany declares that a hearing of accused persons or suspects by video conference is not excluded in principle, but that such a hearing may take place only on a voluntary basis pursuant to Article 9 (8) third sentence.
In Kraft: 01/06/2015 -
Artikel betroffen : 9

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In accordance with Article 11 (4) of the Second Additional Protocol, the Federal Republic of Germany declares that it reserves the right not to be bound by the conditions imposed by the providing Party under Article 11 (2) unless the Federal Republic of Germany receives prior notice of the nature of the information to be provided and agrees to its transmission.
In Kraft: 01/06/2015 -
Artikel betroffen : 11

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In accordance with Article 13 (7) of the Second Additional Protocol, the Federal Republic of Germany declares that before an agreement is reached under Article 13 (1), consent from the person concerned referred to in Article 13 (3) will be required.
In Kraft: 01/06/2015 -
Artikel betroffen : 13

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In accordance with Article 26 (5) of the Second Additional Protocol, the Federal Republic of Germany declares that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party may not be used by the other Party for the purposes of Article 26 (1) unless with the previous consent of the Federal Republic of Germany.
In Kraft: 01/06/2015 -
Artikel betroffen : 26

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

In addition to [the above], the Federal Republic of Germany declares the following concerning the whole of Article 26 of the Second Additional Protocol: In applying this Article, it is the understanding of the Federal Republic of Germany that the Parties remain free, in consideration of the data protection interests of the persons concerned, to apply provisions that rule out the transmission of data to another Party or that allow transmission only subject to certain conditions. The Federal Republic of Germany therefore reserves the right, as necessary, to make the exchange of personal data dependent on compliance with the data protection requirements of the domestic law of the Federal Republic of Germany in specific individual cases. To this extent, the Federal Republic of Germany also reserves the right to make, in individual cases, mutual legal assistance on the basis of the Convention and its Protocols dependent on its limitation to a specific use or a special purpose. In this context, the Federal Republic of Germany makes reference to its declaration in respect of Article 12 (2) of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. According to this declaration, it is the understanding of the Federal Republic of Germany that Article 12 (2) of the Convention referred to above allows the Parties the freedom to make provisions in their national data protection law which may in certain cases, in consideration of the data protection interests of the persons concerned, rule out the transmission of data.
In Kraft: 01/06/2015 -
Artikel betroffen : 26

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 6 February 2015, deposited with the instrument of ratification on 20 February 2015 - Or. Engl./Fr.

Notwithstanding the above reservations and declarations, the Federal Republic of Germany declares in accordance with Article 33 (1) first and second sentences that it upholds all the reservations und declarations made in respect of the Convention and the Protocol. This applies in particular to the declaration in respect of Article 11 (1) sub-paragraph 2 of the Convention to the effect that the Federal Republic of Germany will refuse transfer in all the cases enumerated.
In Kraft: 01/06/2015 -
Artikel betroffen : 33


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