Reservations and Declarations for Treaty No.099 - Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declarations in force as of today
Status as of 22/06/2021

Armenia

Reservation contained in the instrument of ratification deposited on 23 March 2004 - Or. Engl.

According to Article 8, paragraph 2, of the Protocol, the Republic of Armenia declares that :

a) accepting the Chapter I, Armenia will not make the execution of letters rogatory for search or seizure of property;
b) Armenia does not accept Chapter II.
Period covered: 21/06/2004 -
Articles concerned : 8


Austria

Declaration contained in a Note verbale from the Permanent Representation of Austria, dated 4 February 2021, registered at the Secretariat General on 9 February 2021 - Or. Engl.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Austria 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 Austria is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 09/02/2021 -
Articles concerned : 8

Declaration contained in the instrument of ratification, deposited on 2 May 1983 - Or. Engl.

On the grounds of the Austrian reservation to Article 2, paragraph b. of the Convention and with a view to Article 8, paragraph 1, of the Protocol, the Republic of Austria declares that mutual assistance according to Chapter I of the Protocol will be granted only under the condition that - in conformity with Austrian legislation on secrecy - information and evidence received by way of mutual assistance will only be used in the criminal proceedings for which mutual assistance was requested and in directly related proceedings in respect of offences in connection with taxes, duties and customs.
Period covered: 31/07/1983 -
Articles concerned : 8


Azerbaijan

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 8, paragraph 2, of the Protocol, the Republic of Azerbaijan reserves the right to accept Chapter I only in respect of acts which are offences under the criminal legislation of the Republic of Azerbaijan, and not to accept Chapters II and III.
Period covered: 02/10/2003 -
Articles concerned : 8

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is enclosed).
Period covered: 02/10/2003 -
Articles concerned : -


Belgium

Declaration contained in a Note verbale from the Permanent Representation of Belgium, dated 11 February 2021, registered at the Secretariat General on 16 February 2021 - Or. Engl.

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

With reference to this declaration made in accordance with Article 24 of the Convention, the Kingdom of Belgium avails itself of the opportunity to interpret the legal effects of that declaration as follows:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Kingdom of Belgium 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 Kingdom of Belgium is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 16/02/2021 -
Articles concerned : 8


Bulgaria

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or.Fr.

The Republic of Bulgaria declares that it accepts Chapter I only in respect of acts which are offences under Bulgarian criminal law.
Period covered: 15/09/1994 -
Articles concerned : 1


Chile

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

The Republic of Chile declares, for the purposes of Article 3, letter b, of the Additional Protocol, that requests for mutual assistance shall be addressed to the Ministry of Justice of Chile.
Period covered: 28/08/2011 -
Articles concerned : 3


Czech Republic

Declaration transmitted by a Note verbale from the Permanent Representation of the Czech Republic, dated 2 March 2021, registered at the Secretariat General on 4 March 2021 - Or. Engl.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Czech Republic 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 Czech Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 04/03/2021 -
Articles concerned : 8

Declaration contained in a Note Verbale from the Permanent Representation of the Czech Republic, handed to the Secretary General at the time of deposit of the intrument of ratification, on 19 November 1996 - Or. Engl.

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.
Period covered: 17/02/1997 -
Articles concerned : 8


Finland

Declaration contained in a Note verbale from the Permanent Representation of Finland, dated 11 March 2021, registered at the Secretariat General on 16 March 2021 - Or. Engl.

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 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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Finland 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 Finland is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 16/03/2021 -
Articles concerned : 8


France

Declaration contained in a Note verbale from the Permanent Representation of France, dated 28 May 2021, registered at the Secretariat General on 1 June 2021 - Or. Fr.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by France 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 France is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

The Government of the French Republic specifies that this declaration is 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.
Period covered: 01/06/2021 -
Articles concerned : 8

Declaration contained in a letter from the Minister for Europe and for Foreign Affairs of France, dated 29 April 2021, registered at the Secretariat General on 27 May 2021 - Or. Fr.

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.
Period covered: 27/05/2021 -
Articles concerned : 7


Georgia

Reservation contained in the instrument of ratification deposited on 22 May 2003 - Or. Engl.

In accordance with Article 8, paragraph 2. a of the Protocol, Georgia declares that it will execute the requests in respect of fiscal offences only dependant on the condition that the offence or its punishment is known to the Georgian legislation; herewith, Georgia reserves the right not to execute letters rogatory for search and seizure of property in respect of fiscal offences.

In respect with Article 8, paragraph 2. b of the Protocol, Georgia reserves itself the right not to accept the binding force of the provisions of Chapter II.
Period covered: 20/08/2003 -
Articles concerned : 8

Declaration contained in the instrument of ratification deposited on 22 May 2003 - Or. Engl.

Georgia declares, that until the full jurisdiction of Georgia is restored on the territories of Abkhazia and Tskhinvali Region, it cannot be held responsible for the violations on these territories of the provisions of Additional Protocol.
Period covered: 20/08/2003 -
Articles concerned : -


Germany

Declaration contained in a letter from the Permanent Representative of Germany, dated 16 March 2021, registered at the Secretariat General on 19 March 2021 - Or. Engl./Ger.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Germany 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 Germany is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 19/03/2021 -
Articles concerned : 8

Declaration contained in a letter from the Permanent Representative dated 8 March 1991, handed to the Secretary General at the time of deposit of the instrument of ratification on 8 March 1991 - Or. Engl./Fr./Germ.

Regarding Article 8 of the Additional Protocol, the Federal Republic of Germany proceeds on the understanding that under the scope of application of the Convention, as extended by the Additional Protocol, there is no obligation to render assistance in the event that the effort and expenses to be expected in executing the letters rogatory are disproportionate to the subject-matter and execution could thus prejudice essential German interests.
Period covered: 06/06/1991 -
Articles concerned : 8

Reservation contained in a letter from the Permanent Representative dated 8 March 1991, handed to the Secretary General at the time of deposit of the instrument of ratification on 8 March 1991 - Or. Engl./Fr./Germ.

Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory of any kind in proceedings concerning contraventions of regulations governing international transfer of capital and payments, dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts.
Period covered: 06/06/1991 -
Articles concerned : 2

Reservation contained in a letter from the Permanent Representative dated 8 March 1991, handed to the Secretary General at the time of deposit of the instrument of ratification on 8 March 1991 - Or. Engl./Fr./Germ.

Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory for search or seizure of property in respect of other fiscal offences dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts.
Period covered: 06/06/1991 -
Articles concerned : 2


Ireland

Declaration contained in the instrument of ratification, deposited on 28 November 1996 - Or. Engl.

In accordance with Article 8, paragraph 2, the Government of Ireland reserves the right not to accept Chapters II and III.
Period covered: 26/02/1997 -
Articles concerned : 4, 3


Italy

Declaration contained in a letter from the Deputy Permanent Representative of Italy, dated 3 October 2008, registered at the Secretariat General on 3 October 2008 – Or. Engl.

With reference to the United Kingdom's request for an extension of the scope of application of the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Bailiwick of Jersey, I have the honour to inform you that Italy accepts the above-mentioned extension of the Convention and the Protocol.

Nevertheless, taking into account the very small number of Italian requests concerning the Bailiwick of Jersey and the bilateral treaties, Italy does not deem it necessary to consider a refund of expenses outside the scope of what is set out in Article 20.
Period covered: 03/10/2008 -
Articles concerned : 7

Declaration made at the time of deposit of the instrument of ratification, on 26 November 1985 - Or. It.

In accordance with Article 8 of the Protocol, Italy confirms the declaration made by virtue of Article 24 of the Convention and requests to add to the list of Italian judicial authorities:

- the post-sentencing judge ;
- the post-sentencing section.

[Note by the Secretariat :

The following authorities are henceforth to be considered as "judicial authorities" for the purposes of the Convention :

- Directors of Public Prosecution,
- Assistant Public Prosecutors,
- Ordinary Courts of Justice,
- Military Courts,
- Offices of the Public Prosecutor attached to the Military Courts,
- Examining Magistrates,
- Superior Magistrates,
- Praetors,
- the Constitutional Court,
- the Parliamentary Commission of Enquiry,
- the post-sentencing judge,
- the post-sentencing section.]
Period covered: 24/02/1986 -
Articles concerned : 8


Luxembourg

Declaration contained in letter from the Minister of Justice of Luxembourg, dated 22 March 2021, transmitted by the Permanent Representation of Luxembourg to the Council of Europe and registered at the Secretariat General on 13 April 2021 - Or. Fr.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Luxembourg 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 Luxembourg is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) As a judicial requesting authority acting in accordance with Article 24 of 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 13/04/2021 -
Articles concerned : 8

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 9 December 1994, handed to the Secretary General at the time of signature, on 9 December 1994 - Or. Fr. - confirmed and completed by a letter from the Permanent Representative of Luxembourg, dated 29 September 2000, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 2 October 2000 - Or. Fr.

The Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I only under the express condition that results of investigations made in Luxembourg and informations contained in transmitted documents or files will exclusively be used to instruct and judge the criminal offences for which the assistance is provided.
Period covered: 31/12/2000 -
Articles concerned : 8, 2, 1

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 9 December 1994, handed to the Secretary General at the time of signature, on 9 December 1994 - Or. Fr. - confirmed by a letter from the Permanent Representative of Luxembourg, dated 29 September 2000, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 2 October 2000 - Or. Fr.

Concerning Article 8, the Government of the Grand Duchy of Luxembourg considers that the Convention as it is extended by this Protocol does not imply the obligation to consent legal assistance if it is foreseeable that the means to be used are not suited to achieving the aim pursued by the request for assistance or if they overstep what is necessary to achieve it or if the execution may be prejudicial to essential interests of Luxembourg.
Period covered: 31/12/2000 -
Articles concerned : 8

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 9 December 1994, handed to the Secretary General at the time of signature, on 9 December 1994 - Or. Fr. - confirmed in a letter from the Permanent Representative of Luxembourg, dated 29 September 2000, handed at the time of deposit of the instrument of ratification, on 2 October 2000 - Or. Fr.

The Government of the Grand Duchy of Luxembourg declares that rogatory letters for search or seizure received in pursuance of this Protocol and in conformity with the above-mentioned reservation, are not subject to the condition provided by Article 5 of the European Convention on Extradition of 13 December 1957.

[Note by the Secretariat : The reservation referred to reads as follows:
In accordance with the provisions of Article 8, paragraph 2, sub-paragraph a, the Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I of this Protocol only if the criminal fiscal offence constitutes a tax fraud within the meaning of paragraph 396, sub-paragraph 5, of the General Law on Taxes, or of paragraph 29, sub-paragraph 1, of the Law of 28 January 1948 aiming to ensure the correct and fair collection of registration and succession rights.
Period covered: 31/12/2000 -
Articles concerned : 8, 2, 1


Malta

Declaration contained in a Note verbale from the Permanent Representation of Malta, dated 18 May 2021, registered at the Secretariat General on 19 May 2021 - Or. Engl.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Malta 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 Malta is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 19/05/2021 -
Articles concerned : 8


Netherlands

Declaration contained in a communication from the Minister of Foreign Affairs of the Netherlands, dated 24 February 2021, transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 24 February 2021, registered at the Secretariat General on 26 February 2021 - Or. Engl./Fr.

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:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Kingdom of the Netherlands, for the European part of the Netherlands, 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 Kingdom of the Netherlands is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 23/02/2021 -
Articles concerned : 8

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 22 December 1993, registered at the Secretariat General on 6 January 1994 - Or. Engl.

In accordance with Article 7, paragraph 2, the Government of the Kingdom of the Netherlands extends the application of the Additional Protocol to the Netherlands Antilles.

Note by the Secretariat:
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 06/01/1994 -
Articles concerned : 7

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 22 December 1993, registered at the Secretariat General on 6 January 1994 - Or. Engl.

In accordance with Article 8, paragraph 2.a of the Additional Protocol, the Netherlands accept Chapter I of the Additional Protocol, with respect to the Netherlands Antilles, only in respect of relations with States with which the Kingdom of the Netherlands, in respect of the Netherlands Antilles, has concluded a treaty on the avoidance of double taxation, that is fully in force.

Note by the Secretariat:
The Netherlands confirm the above mentioned declaration for Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) as from 10 October 2010.
See also the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 06/01/1994 -
Articles concerned : 1

Declaration contained in a letter from the Permanent Representation of the Netherlands, dated 20 February 1986, registered at the Secretariat General on 21 February 1986 - Or. Engl.

In addition to the letter of the Netherlands Permanent Representative No 1799 of 24 December 1985, I have the honour to bring the following to your attention in your capacity of depositary of the treaties listed in the annex.

The treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) apply as of 1 January 1986 equally to Aruba.

List of Treaties
...

99. Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (1978)


As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
Period covered: 01/01/1986 -
Articles concerned : 7

Declaration contained in the instrument of acceptance, deposited on 12 January 1982 - Or. Engl.

The Government of the Kingdom of the Netherlands accepts the said Protocol for the Kingdom in Europe.
Period covered: 12/04/1982 -
Articles concerned : 7


Republic of Korea

Declaration contained in in the instrument of accession deposited on 29 September 2011 - Or. Engl.

The Republic of Korea declares that if the offence for which assistance is sought is punishable by death under the law of the Republic of Korea, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, the Republic of Korea, if requested, shall give assurance that the death-penalty will not be carried out even if it is imposed by a court of the Republic of Korea.
Period covered: 29/12/2011 -
Articles concerned : -


Romania

Declaration contained in a letter from the Permanent Representative of Romania, dated 1 April 2021, registered at the Secretariat General on 7 April 2021 - Or. Engl.

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

With reference to this declaration made in accordance with Article 24 of the Convention, Romania avails itself of the opportunity to interpret the legal effects of that declaration as follows:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Romania 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 Romania is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 07/04/2021 -
Articles concerned : 8


Slovak Republic

Declaration contained in a Note verbale from the Permanent Representation of the Slovak Republic, dated 6 April 2021, registered at the Secretariat General on 6 April 2021 - Or. Engl.

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), the Slovak Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence.

The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Slovak Republic in accordance with Article 24 of the Convention.

With reference to this declaration made in accordance with Article 24 of the Convention, the Slovak Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:

a) 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 EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.

b) 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 EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.

c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Slovak Republic 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 Slovak Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

d) 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.

e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU 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 EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
Period covered: 06/04/2021 -
Articles concerned : 8


Spain

Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 9 June 2011, registered at the Secretariat General on 10 June 2011 – Or. Fr. and modified by a Note verbale from the Permanent Representation of Spain, dated 17 December 2012, registered at the Secretariat General on 19 December 2012 – Or. Fr.

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:

a) ordinary judges and courts;
b) Secretarios Judiciales ;
c) public prosecutors;
d) military judges and courts;
e) reporting registrars of the military courts.

This declaration applies also to the Additional Protocol to the Convention, done in Strasbourg on 17 March 1978."
Period covered: 10/06/2011 -
Articles concerned : 8

Objection contained in a letter from the Chargé d'Affaires a.i. of Spain, dated 9 September 2008, registered at the Secretariat General on 10 September 2008 – Or. Fr.

With reference to the extension and application of the European Convention on Mutual Assistance in Criminal Matters of 1959 (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Island of Jersey, I have the honour to inform you that the competent Spanish authorities are in the process of examining the content of the Note prepared by the British authorities and communicated by the Depositary, as well as the mechanism used in order to reach a direct agreement as provided for by Article 25.5 of the Convention.

Thus, as long as the process of examining this Note is not completed and a decision not taken, Spain will not consider itself bound by the content of the said Note.
Period covered: 02/10/2008 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 13 June 1991 - Or. Span.

The Spanish Government declares in accordance with Article 8, paragraph 2 that it reserves the right not to comply with letters rogatory for search or seizure of property in respect of fiscal offences.
Period covered: 11/09/1991 -
Articles concerned : 2


Switzerland

Reservation made at the time of signature, on 17 November 1981 - Or. Fr.

In accordance with the provisions of Article 8.2a, Switzerland reserves the right to accept Chapter I of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters only to the extent that the fiscal offence constitutes a fraud with regard to taxes.
Articles concerned : 2, 1


Ukraine

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015 – Or. Engl.

The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Period covered: 16/10/2015 -
Articles concerned : -


United Kingdom

Declaration contained in a letter from the Permanent Representative of the United Kingdom, date 27 June 2008, registered at the Secretariat General on 27 June 2008 – Or. Engl.

The Government of the United Kingdom proposes that, in accordance with Article 25, paragraph 5, of the Convention and Article 7, paragraph 2, of the Protocol thereto, the United Kingdom's ratification of the Convention and Additional Protocol be extended to the Bailiwick of Jersey, being a territory for whose international relations the United Kingdom is responsible.

The reservations made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to Articles 2, 3, 5(1), 11(2), 12 and 21 of the Convention and Article 8(2) (with respect to Chapters II and III) of the Additional Protocol, will apply in respect to the Island of Jersey. I further have the honour to make the additional declarations on behalf of the Bailiwick of Jersey :

In respect of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland requests that 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 Her Majesty's Attorney General for Jersey.

In accordance with Article 16, paragraph 2, the Governement of the United Kingdom of Great Britain and Northern Ireland reserves on behalf of the Island of Jersey the right to stipulate that requests and annexed documents shall be addressed to it accompanied by translations into English.

On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland notes that the small jurisdiction of Jersey receives a disproportionately higher number of requests for mutual assistance than it makes. In the circumstances, on behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland expresses the wish that requesting parties be prepared to consider a refund of reasonable expenses outside the scope of what is set out in Article 20. On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland stipulates that a lack of agreement on the refunding of expenses will not affect the commitment of the Island of Jersey to the obligations contained in the Convention.

In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland deems the following to be judicial authorities in the Island of Jersey :
the Magistrate's Court and the Royal Court
Her Majesty's Attorney General for Jersey

In order that the provisions of Article 25, paragraph 5, of the Convention be fulfilled, I request that you circulate this Note to all other Contracting Parties on the basis that in the absence of receipt of a Note of objection within 90 days of the date of such circulation, an arrangement to this effect for the purposes of Article 25, paragraph 5, will be deemed to have been made between the United Kingdom and each of the Contracting Parties.

[Note by the Secretariat: An Objection has been formulated by Spain, and a declaration by Italy. This Arrangement on territorial extension entered into force between the United Kingdom and the Contracting Parties which have not notified objections (Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine, Israel) on 2 October 2008.]
Period covered: 02/10/2008 -
Articles concerned : 8, 7

Declaration handed over at the time of the deposit of the instrument of ratification, on 29 August 1991 - Or. Engl.

In accordance with Article 8, paragraph 2, the United Kingdom of Great Britain and Northern Ireland reserves the right not to accept Chapters II and III.
Period covered: 27/11/1991 -
Articles concerned : 4, 3


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