List of declarations made with respect to treaty No. 099

Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Status as of: 22/10/2014

 

    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: 21/6/2004 -      
The preceding statement concerns Article(s) : 8

 

    Austria :


Reservation contained in the instrument of ratification, deposited on 2 May 1983 - Or. Engl. - and withdrawn by a letter from the Permanent Representative of Austria, dated 5 September 1994, registered at the Secretariat General on 6 September 1994 - Or. Fr.

According to Article 8, paragraph 2 of the Protocol, the Republic of Austria declares to accept Chapter I only in respect of offences in connection with taxes, duties and customs.

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: 31/7/1983 -                  
The preceding statement concerns Article(s) : 1, 2

 

    Azerbaijan :


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: 2/10/2003 -         
The preceding statement concerns Article(s) : -


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: 2/10/2003 -      
The preceding statement concerns Article(s) : 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: 15/9/1994 -      
The preceding statement concerns Article(s) : 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: 28/8/2011 -      
The preceding statement concerns Article(s) : 3

 

    Czech Republic :


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: 17/2/1997 -      
The preceding statement concerns Article(s) : 8

 

    France :


Declaration made at the time of signature on 28 March 1990 and contained in the instrument of approval deposited on 1 February 1991 - Or. Fr.

The Government of the French Republic declares that the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters shall apply to European and Overseas Departments of the French Republic.
Period covered: 2/5/1991 -      
The preceding statement concerns Article(s) : 7

 

    Georgia :


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: 20/8/2003 -         
The preceding statement concerns Article(s) : -


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: 20/8/2003 -      
The preceding statement concerns Article(s) : 8

 

    Germany :


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: 6/6/1991 -         
The preceding statement concerns Article(s) : 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: 6/6/1991 -         
The preceding statement concerns Article(s) : 2


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: 6/6/1991 -      
The preceding statement concerns Article(s) : 8

 

    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: 26/2/1997 -                  
The preceding statement concerns Article(s) : 3, 4

 

    Italy :


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: 24/2/1986 -         
The preceding statement concerns Article(s) : 8


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: 3/10/2008 -      
The preceding statement concerns Article(s) : 7

 

    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 -      
The preceding statement concerns Article(s) : -

 

    Luxembourg :


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 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.

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 -                                 
The preceding statement concerns Article(s) : 1, 2, 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 -                                 
The preceding statement concerns Article(s) : 1, 2, 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 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 -         
The preceding statement concerns Article(s) : 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 -                              
The preceding statement concerns Article(s) : 1, 2, 8

 

    Netherlands :


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: 12/4/1982 -         
The preceding statement concerns Article(s) : 7


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: 1/1/1986 -         
The preceding statement concerns Article(s) : 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 7, paragraph 2, the Government of the Kingdom of the Netherlands extends the application of the Additional Protocol to the Netherlands Antilles.
Period covered: 6/1/1994 -         
The preceding statement concerns Article(s) : 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, it accepts 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.
Period covered: 6/1/1994 -      
The preceding statement concerns Article(s) : 1

 

    Spain :


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: 11/9/1991 -         
The preceding statement concerns Article(s) : 2


Declaration 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. - and completed by a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - 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.

Declaration contained in a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - Or. Fr.

Following the communication dated 9 September 2008 concerning the extension and application of the Convention and its Additional Protocol to the Isle of Jersey, the Spanish authorities, especially the Ministry of Justice, which is the competent authority in this matter, reported that there is an interest on their part to carry on mutual assistance in criminal matters with the Isle of Jersey.

The said authorities consider that the proper procedure to accomplish this task is that the United Kingdom requires the agreement of the Parties to the Convention to extend its application to the Isle of Jersey through direct bilateral agreement between the Parties and not just through a tacit acceptance after a certain time elapses.

In addition, the Ministry of Justice considers that the procedure for reimbursement of expenses generated by the mutual assistance in criminal matters proposed by the United Kingdom implies an exception to the general rules applicable which is not sufficiently justified, especially taking into account that the British argument to offer reimbursement (the legal authorities of Jersey receive more requests for assistance than they request) is also applicable to Spain in respect of the United Kingdom since Spain is facing more requests from the United Kingdom than the latter sends to the Spanish authorities.
Period covered: 2/10/2008 -         
The preceding statement concerns Article(s) : 7


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: 10/6/2011 -      
The preceding statement concerns Article(s) : 8

 

    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.                  
The preceding statement concerns Article(s) : 1, 2

 

    United Kingdom :


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 -                     
The preceding statement concerns Article(s) : 3, 4


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: 2/10/2008 -                  
The preceding statement concerns Article(s) : 7, 8

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