Convention, established by the Council in accordance with article 34 of the Treaty on European Union, on Mutual Assistance in criminal matters between the Members States of the European Union
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Austria | Yes | No |
Belgium | Yes | No |
Bulgaria | Yes | No |
Cyprus | Yes | No |
Czech Republic | Yes | No |
Denmark | Yes | No |
Estonia | Yes | No |
Finland | Yes | No |
France | Yes | No |
Germany | Yes | No |
Hungary | Yes | No |
Ireland | Yes | No |
Italy | Yes | No |
Latvia | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Malta | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Romania | Yes | No |
Slovakia | Yes | No |
Slovenia | Yes | No |
Spain | Yes | No |
Sweden | Yes | No |
United Kingdom | Yes | No |
Austria
04-04-2005
Re Article 24(1) of the Convention:
Austria declares in accordance with Article 24(1) that the authorities competent for
the application of the Convention are those already indicated in the European Convention
on Mutual Assistance in Criminal Matters of 20 April 1959, and names the district
administrations and federal police authorities as the competent administrative authorities
within the meaning of Article 3(1);
the Federal Ministry of Justice as the competent central authority within the meaning
of Article 6(2) and (8);
the public prosecutor's office in whose jurisdiction the border is expected to be
crossed or from whose jurisdiction the controlled delivery is to start as the competent
authorities within the meaning of Article 6(5) and for requests under Article 12;
the examining magistrate of the regional Court of First Instance for requests under
Article 13;
the Court of First Instance from whose jurisdiction the operation is expected to be
launched for requests under Article 14;
the district administrations and federal police authorities as the competent authorities
within the meaning of Article 6(6);
the examining magistrate of the regional Court of First Instance as the competent
authority within the meaning of Articles 18, 19 and 20(1) to (5);
SIRENE Austria as the competent authority for the notification under Article 20(2).
Re Article 27(5) of the Convention:
Austria declares in accordance with Article 27(5) that it will apply this Convention
in its relations with Member States which have made the same declaration until the
entry into force of the Convention.
20-04-2009
Partial modification of the declarations of Austria in accordance with Article 24.
Responsibility for dealing with requests for assistance has been amended by Article
11 of the Law accompanying the reform of criminal procedure, Federal Law Gazette No
112/2007.
The Austrian statement on Article 24(1) of the Convention on Mutual Assistance in
Criminal Matters between the Member States of the European Union of 29 May 2000 is
hereby amended accordingly, to the effect that the competent authorities under Articles
13, 14, 18, 19 and 20(1) to (5) are as follows:
- for requests under Article 13: the public prosecutor's office in whose jurisdiction
the joint investigation team is to be set up;
- for requests under Article 14: the public prosecutor's office in whose jurisdiction
the operation is expected to be launched;
- competent authorities within the meaning of Articles 18, 19 and 20(1) to (5): the
public prosecutor's office at the place of the regional court with territorial jurisdiction.
The Austrian statement on Article 24(1) of the Convention is otherwise unchanged.
29-04-2013
Re Article 24(1) of the Convention:
Austria declares in accordance with Article 24(1) that the authorities competent for
the application of the Convention are those already indicated in the European Convention
on Mutual Assistance in Criminal Matters of 20 April 1959, and names the district
administrations and federal police authorities as the competent administrative authorities
within the meaning of Article 3(1);
the Federal Ministry of Justice as the competent central authority within the meaning
of Article 6(2) and (8);
the public prosecutor's office in whose jurisdiction the border is expected to be
crossed or from whose jurisdiction the controlled delivery is to start as the competent
authorities within the meaning of Article 6(5) and for requests under Article 12;
the examining magistrate of the regional Court of First Instance for requests under
Article 13;
the Court of First Instance from whose jurisdiction the operation is expected to be
launched for requests under Article 14;
the district administrations and federal police authorities as the competent authorities
within the meaning of Article 6(6);
the examining magistrate of the regional Court of First Instance as the competent
authority within the meaning of Articles 18, 19 and 20(1) to (5);
SIRENE Austria as the competent authority for the notification under Article 20(2).
Re Article 27(5) of the Convention:
Austria declares in accordance with Article 27(5) that it will apply this Convention
in its relations with Member States which have made the same declaration until the
entry into force of the Convention. Responsibility for dealing with requests for assistance
has been amended by Article 11 of the Law accompanying the reform of criminal procedure,
Federal Law Gazette No 112/2007. The Austrian statement on Article 24(1) of the Convention
on Mutual Assistance in Criminal Matters between the Member States of the European
Union of 29 May 2000 is hereby amended accordingly, to the effect that the competent
authorities under Articles 13, 14, 18, 19 and 20(1) to (5) are as follows:
- for requests under Article 13: the public prosecutor's office in whose jurisdiction
the joint investigation team is to be set up;
- for requests under Article 14: the public prosecutor's office in whose jurisdiction
the operation is expected to be launched;
- competent authorities within the meaning of Articles 18, 19 and 20(1) to (5): the
public prosecutor's office at the place of the regional court with territorial jurisdiction.
The Austrian statement on Article 24(1) of the Convention is otherwise unchanged.
Belgium
25-05-2005
In accordance with Article 24 of the Convention, the Kingdom of Belgium states that
the competent authorities for the application of the Convention are the judicial authorities
and, where the intervention of a central authority is required, the Directorate-General
of Legislation, Fundamental Freedoms and Rights at the Federal Department of Justice
(Service public fédéral Justice, Direction générale de la Législation et des Libertés
et Droits fondamentaux, Autorité centrale d'entraide pénale, Boulevard de Waterloo
115, 1000 Bruxelles).
As stated in the Declaration made in connection with the 1959 Convention on Mutual
Assistance, the Kingdom of Belgium defines "judicial authorities" as "members of the
judicial authority responsible for delivering rulings, examining magistrates and members
of the Public Prosecutor's Office".
The Kingdom of Belgium does not designate any non-judicial authority for the application
of the Convention.
Bulgaria
05-10-2007
1. Declaration concerning Article 9(6): "The Republic of Bulgaria declares that the
consent from the person to their transfer referred to in Article 9(3) shall be required
before an agreement between the interested Member States is reached under paragraph
1".
2. Declaration concerning Article 24(1): "The Republic of Bulgaria declares that the
authorities competent for the application of this Convention and for the application
of the provisions on mutual assistance in criminal matters contained in Article 1(1)
are:
1. For requests for legal assistance in pre-trial proceedings - the Supreme Prosecutor's
Office of Cassation of the Republic of Bulgaria
2. For requests for legal assistance in judicial proceedings:
(a) the district courts at the place where the person is held in custody - for the
application of Article 9;
(b) an equivalent court in the person's place of residence - for the application of
Article 11;
(c) the court of appeal in the person's place of residence - for the application of
Article 10;
(d) the regional or district courts - for all other cases, in accordance with their
competence under national law".
3 Declaration concerning Article 24(1)(b): "The Republic of Bulgaria declares that
the central authorities for the purposes of applying Article 6 are:
1. The Supreme Prosecutor's Office of Cassation - for requests for legal assistance
in pre trial proceedings;
2. The Ministry of Justice - for requests for legal assistance in judicial proceedings.
The competent authority pursuant to Article 6(8) is the Supreme Prosecutor's Office
of Cassation. The temporary transfer of persons held in custody for the purposes of
investigation under Article 6(8) shall be permitted by the competent district court".
4. Declaration concerning Article 24(1)(e): The Republic of Bulgaria declares that
the competent authority for the application of Articles 18, 19 and 20 is the Supreme
Prosecutor's Office of Cassation.
Cyprus
03-11-2005
In accordance with Article 24, of the Convention on Mutual Assistance in Criminal
Matters, the Republic of Cyprus declares that the designated authorities for the application
of the provisions of the aforesaid Convention between the Member States are as follows:
a) the Ministry of Justice and Public Order, for the application of Article 3 paragraph
1 of the Convention,
b) the Ministry of Justice and Public Order and the Chief of the Cyprus Police, for
the application of Article 6 and Article 6 paragraph 8 of the Convention,
c) the Chief of the Cyprus Police, the Director of Customs and Commissioner for VAT,
the Unit for Combating Money Laundering, the Director of the Inland Revenue Department
and the Central Bank of Cyprus, for the application of Article 6 paragraph 5 of the
Convention,
d) The Ministry of Justice and Public Order and the Law Office of the Republic, for
the application of Article 6 paragraph 6 of the Convention,
e) the Department of Electronic Communications of the Ministry of Communications and
Works, the Commissioner of Electronic Communication and Postal Regulation and the
Commissioner for the Protection of Personal Data, for the application of Articles
18, 19 and 20 paragraphs 1 to 5, of the Convention.
Pursuant to Article 9 paragraph 6 of the Convention, the Republic of Cyprus declares
that, before an agreement is reached, under Article 9, paragraph 1, the written consent
referred to in paragraph 3 is required.
Pursuant to Article 28 paragraph 5 and Article 27 paragraph 5 of the Convention, the
Republic of Cyprus declares that if the Convention is not yet in force by the time
of deposition of this Declaration, the Convention shall apply to the relations between
the Republic of Cyprus and the other Member States that have made the same declaration.
Czech Republic
14-03-2006
In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that it is not bound by the first sentence of Article 6(5)
of the Convention.
In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that, pursuant to Article 6(6) of the Convention, requests
made by administrative authorities under Article 3(1) of the Convention are sent to
the judicial authorities of the Czech Republic, and therefore cannot be sent directly
to the administrative authorities of the Czech Republic.
In accordance with Article 9(6) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the consent stipulated in Article 9(3) of the Convention
will be required before an agreement is concluded on the temporary transfer of an
individual under Article 9(1) of the Convention.
In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the judicial authority competent to deal with requests
for controlled under Article 12 of the Convention is the Regional Prosecutor's Office
in Prague, Husova 11, 110 01 Prague 1, tel.: +420 222 111 700, fax: +420 222 220 075.
In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the judicial authority competent to deal with requests
to set up joint investigation teams under Article 13 of the Convention is the Supreme
Prosecutor's Office of the Czech Republic, International Department, Jezuitská 4,
660 55 Brno, tel.: +420 542 512 416, fax: +420 542 512 414.
In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the judicial authority competent to deal with requests
for covert investigations under Article 14 of the Convention is the Chief Prosecutor's
Office in Prague, námesti Hrdinu 1300, 140 65 Prague 4, tel.: +420 261 196 111, fax:
+420 241 401 400.
In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the central authority referred to in Article 6(8) of
the Convention is the Ministry of Justice of the Czech Republic.
In accordance with Article 24(1)(e) of the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European Union (Brussels, 29 May 2000), the
Czech Republic declares that the contact point referred to in Article 20(4)(d) of
the Convention is the Police Headquarters of the Czech Republic, International Police
Cooperation Division, Interpol Bureau, Strojnická 27, 170 89 Prague 7, tel.: +420
974 834 380, fax: +420 974 834 716.
Denmark
24-12-2002
In connection with its accession to the Convention, Denmark declares as follows:
1. In relation to Article 24 Denmark states that:
(a) The "judicial authorities" in Denmark include the courts and prosecution authorities,
which under the Danish Administration of Justice Act include the Ministry of Justice,
the Director of Public Prosecutions, the District Public Prosecutors, the Commissioner
of the Copenhagen Police and the chief constables.
(b) The "central authority" in Denmark is the Ministry of Justice, International office,
Slotsholmsgade 10, DK-1216 Kobenhavn K, tel + 45 33 92 33 40, fax + 45 33 93 35 10,
e-mail: jm@jm.dk
(c) The Ministry of Justice can provide information about which "judicial authority"
in Denmark has territorial competence to receive and process requests for mutual judicial
assistance.
(d) In cases of doubt, the authorities in other Member States may contact the Ministry
of Justice to discover which judicial authority in Denmark is competent to transmit
a request for a particular form of mutual judicial assistance.
(e) The police (the Commissioner of the Copenhagen Police and the chief constables)
are competent as regards the application of Articles 18, 19 and 20.
2. In relation to Article 6(7), Denmark declares that requests for mutual judicial
assistance covered by Article 6(5) and (6) must be transmitted via the central authority
in the requested Member State. Thus requests for mutual judicial assistance may not
be forwarded directly between the judicial authorities on one side and the customs
or (other) administrative authorities on the other side; see Article 6(7).
3. In relation to Article 9(6), Denmark declares that it will require the consent
referred to in Article 9(3) before agreement is reached on the temporary transfer
of a person held in custody under Article 9(1).
4. In relation to Article 10(9), Denmark declares that it will not agree to requests
for the hearing of an accused person by videoconferencing.
5. In relation to Article 14(4), Denmark declares that it is not bound by Article
14 on covert investigations.
Estonia
28-07-2004
1. Pursuant to Article 24 paragraph 1 of the Convention, the Republic of Estonia declares
that:
(1) the central authority for mutual assistance in criminal matters referred to in
Article 6 paragraph 8 of this Convention is the Ministry of Justice;
(2) for the purposes of the application of Article 6 paragraph 5, Articles 18 and
19 and Article 20 paragraphs 1-5 of the Convention, the competent authorities are
the National Police Board, police prefectures, Security Police Board, Central Criminal
Police, Estonian Tax and Customs Board and Estonian Board of Border Guard;
(3) the contact point on duty twenty-four hours a day referred to in Article 20 paragraph
4 subparagraph d of the Convention is the Central Criminal Police;
2. pursuant to Article 9 paragraph 6 of the Convention: before an agreement is reached
under Article 9 paragraph 1 concerning temporary transfer of the person held in custody,
the written consent referred to in Article 9 paragraph 3 to the transfer of the person
concerned is required in all cases;
3. pursuant to Article 14 paragraph 4 of the Convention Estonia is not bound by Article
14.
Finland
27-02-2004
Article 9(6) of the Convention Before an agreement is reached under paragraph 1 of this Article, the consent referred to in paragraph 3 will be required if the person to be transferred is a Finnish national. Article 24 of the Convention For the application of Article 6 of the Convention, including Article 6(8), the central authority is the Ministry of Justice. For the purposes of Article 6(5) of the Convention, the competent police and customs authorities are the police authorities, the customs authorities and border guard officials when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. The competent authorities for the purposes of Articles 18, 19 and 20 are the police authorities and, within their own sphere of competence, the customs authorities when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. As regards police authorities, requests in accordance with Articles 18, 19 and 20 are received and forwarded via the National Bureau of Investigation. The National Bureau of Investigation also acts as the contact point in accordance with Article 20(4)(d)." "Article 27(5) of the Convention Before the Convention enters into force between States, Finland will apply the Convention in its relations with Member States which have made the same declaration.
16-04-2014
The Government of the Republic of Finland has decided to amend the declaration under
Article 9, paragraph 6 of the Convention on Mutual Assistance in Criminal Matters
between the Member States of the European Union, done at Brussels on 29 May 2000 by
the following declaration:
Before an agreement is reached under paragraph 1 of Article 9, the consent referred
to in paragraph 3 of the Article will be required if the person to be transferred
is a national of Finland or resides permanently in Finland.
France
10-05-2005
Article 6(7):
Pursuant to Article 6(7), France declares that it is not bound by the first sentence
of Article 6(5), or by Article 6(6). Article 10(9): France declares that it will not
apply the first subparagraph of Article 10(9), to accused persons when appearing before
the trial court.
Article 24(1):
France declares that, in addition to those judicial authorities which the French Government
previously indicated when it signed the European Mutual Assistance Convention, its
competent authorities are as follows:
- for the application of Article 6(2) and (8)(a): the Ministry of Justice, Directorate
for Criminal Matters and Pardons,
- for the application of Article 6(8)(b): the Ministry of Justice, Directorate for
Criminal Matters and Pardons, National Criminal Records Department,
- for the application of Articles 18 and 19: the examining magistrate having territorial
competence,
- for the application of Article 20(1) to (5): the Ministry of Justice, Directorate
for Criminal Matters and Pardons.
France declares that, for the purposes of the European Convention on Mutual Assistance
in Criminal Matters, enforcement judges and regional parole courts must also be considered
to be French judicial authorities.
Article 27(5):
France declares that, pursuant to Article 27(5), it will apply this Convention in
its relations with Member States which have made the same declaration.
Germany
04-11-2005
Re Article 9(6) Where persons held in custody are temporarily transferred for purposes
of investigation, the consent of the persons concerned in accordance with Article
9(3) will generally be required for the purposes of reaching the agreement referred
to in Article 9(1).
Re Article 10(9) Application of the first subparagraph of Article 10(9) (Hearing of
an accused person by videoconference) is not excluded in principle. However, such
hearings can be conducted only on a voluntary basis (Article 10(9), third subparagraph).
Moreover, pursuant to the national law of the Federal Republic of Germany, no costs
may be imposed or regulatory measures laid down against a witness or expert (Article
10(1)) who fails to respond to an invitation to a hearing by videoconference to be
conducted by a foreign judicial authority.
05-01-2009
With reference to Article 24(1)(e) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Federal Government has the honour to inform the Secretary General of the Council that the competent contact point in accordance with Article 20(4)(d) is the following: Bundeskriminalamt 65173 Wiesbaden Phone: 0049 (0) 611-55-13101 Fax: 0049 (0) 611-55-12141 e-Mail: mail@bka.bund.de
02-05-2012
Pursuant to Article 24(1)(d) of the abovementioned Convention, the Federal Republic
of Germany nominates the administrative authorities listed hereafter as being responsible
for the application of Article 6(6):
I. Federal government
Authority
Bundesanstalt für Landwirtschaft und Ernährung Deichmanns Aue 29 53179 Bonn Telefon:
+49 (0)228 - 99 6845 0 Telefax: +49 (0)228 - 99 6845 3109 E-Mail: info@ble.de
Subject-matter jurisdiction for administrative proceedings in the framework of the
Regulation on penalties for sea fishing
Bundesamt für Güterverkehr Werderstraße 34 50672 Köln Telefon: +49 (0)221 - 5776 0
Telefax: +49 (0)221 - 5776 1777 E-Mail: poststelle@bag.bund.de
in the framework of the motorway toll law
Luftfahrt-Bundesamt Der Präsident Hermann-Blenk-Straße 26 38108 Braunschweig Telefon:
+49 (0)531 - 2355 0 Telefax: +49 (0)531 - 2355 710 E-Mail: buergerinfo@lba.de
for infringements of Regulation (EC) No 261/2004 on denied boarding
Wasser- und Schifffahrtsdirektion Ost Postfach 13 20 39003 Magdeburg Telefon: +49
(0)391 - 2887 0 Telefax: +49 (0)391 - 2887 3030 E-Mail: wsd-ost@wsv.bund.de
in the field of inland waterway transport
Wasser- und Schifffahrtsdirektionen West Cheruskerring 11 48147 Münster Telefon: +49
(0)251 - 2708 0 Telefax: +49 (0)251 - 2708 115 E-Mail: wsd-west@wsv.bund.de
in the field of inland waterway transport
Wasser- und Schifffahrtsdirektionen Südwest Postfach 31 01 60 55062 Mainz Telefon:
+49 (0)6131 - 979 0 Telefax: +49 (0)6131 - 979 155 E-Mail: wsd-suedwest@wsv.bund.de
in the field of inland waterway transport
II. Länder
1) Baden-Württemberg
Authority
Regierungspräsidium Freiburg Kaiser-Joseph-Straße 167 79098 Freiburg Telefon: +49
(0)761 - 208 0 Telefax: +49 (0)761 - 208 39 42 00 E-Mail: poststelle@rpf.bwl.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
2) Bavaria
Authority
Regierung der Oberpfalz 93039 Regensburg Telefon: +49 (0)941 - 5680 0 Telefax: +49
(0)941 -5680 199 E-Mail: poststelle@reg-opf.bayern.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal and
transport matters
Bayerisches Polizeiverwaltungsamt Postfach 0202 94302 Straubing Telefon: +49 (0)9421
- 549 0 Telefax: +49 (0)9421 - 549 120 E-Mail: pva.straubing@polizei.de
in the field of transport
3) Berlin
Authority
Landesverwaltungsamt Berlin 10702 Berlin Telefon: +49 (0)30 - 901 20 Telefax: +49
(0)30 - 902 835 00 E-Mail: info@lvwa.berlin.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
4) Bremen
Authority
Stadtamt Stresemannstraße 48 28207 Bremen Telefon: +49 (0)421 - 361 197 32 +49 (0)421
- 361 197 60 Telefax: +49 (0)421 - 361 196 91 E-Mail office@stadtamt.bremen.de
Subject-matter jurisdiction for administrative proceedings in the field of transport
5) Hessen
Authority
Regierungspräsidium Gießen Postfach 10 08 51 35338 Gießen Telefon: +49 (0)641 - 303
0 Telefax: +49 (0)641 - 303 21 97 E-Mail: rp-giessen@rpgi.hessen.de
Subject-matter jurisdiction for administrative proceedings in the field of transport
6) Lower Saxony
Authority
Polizeidirektion Lüneburg Postfach 2240 21312 Lüneburg Telefon: +49 (0)431 - 29 0
Telefax: +49 (0)431 - 29 1065 E-Mail: Poststelle@pd-lg.polizei.niedersachsen.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
7) Saarland
Authority
Landesverwaltungsamt des Saarlandes Am Markt 7 66386 St. Ingbert
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
8) Saxony
Authority
Landesdirektion Sachsen Altchemnitzer Straße 41 09120 Chemnitz Tel.: 0049 (0) 371
532-1140 Fax: 0049 (0) 371 532-2846 ulrike.wietek@lds.sachsen.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
9) Thuringia
Authority
Thüringer Landesverwaltungsamt Weimarplatz 4 99423 Weimar Telefon: +49 (0)361 - 37
700 Telefax: +49 (0)361 - 37 737 190 E-Mail: poststelle@tlvwa.thueringen.de
Subject-matter jurisdiction for administrative proceedings in all except fiscal matters
10) All Länder
Authority
Finanzamt Koblenz Bußgeld- und Strafsachenstelle Ferdinand-Sauerbruch-Straße 19 56073
Koblenz Telefon: +49 (0)261 - 4931 0 Telefax: +49 (0)261 - 4931 20090 E-Mail: Poststelle@fa-ko.fin-rlp.de
Subject-matter jurisdiction for administrative proceedings in fiscal matters
Hungary
25-08-2005
The Republic of Hungary makes the following declaration in accordance with Article
24 of the Convention on Mutual Assistance in Criminal Matters between the Member States
of the European Union.
With regard to Article 3(1) of the Convention: the Chief Prosecutor receives and presents
requests in accordance with this Article.
With regard to Article 6(5) and (6) of the Convention: the central authorities receive
and present requests in accordance with this Article. The Chief Prosecutor and the
Ministry of Justice are the central authorities.
With regard to Article 6(8) of the Convention: The Ministry of Justice receives and
presents requests for the temporary transfer of persons held in custody. The Chief
Prosecutor receives and presents requests for information concerning convictions.
With regard to Article 10(9): The hearing of an accused person may be conducted by
videoconference only if consent is given in writing.
With regard to Articles 18, 19 and 20: The Chief Prosecutor shall receive and present
requests in accordance with these Articles. The contact point on duty twenty-four
hours a day in accordance with Article 20(4) is the NEBEK (International Centre for
Cooperation in Criminal Matters).
Ireland
25-05-2020
In accordance with Article 6(3) of the Convention Ireland declares that requests for
mutual assistance must be sent via the central authority designated by virtue of its
declaration under Article 24(1)(b), namely the Minister for Justice and Equality.
In accordance with Article 9(6) of the Convention, Ireland declares that, prior to
an agreement being reached to temporarily transfer a person held in custody in accordance
with Article 9(1), the consent of the person concerned will be required.
In accordance with Article 14(4) of the Convention, Ireland declares that it is not
bound by the provisions of the said Article 14.
In accordance with Article 24(1) of the Convention, Ireland declares that the authorities
competent for the application of the Convention and its Protocol are those judicial
authorities designated by Ireland in accordance with Article 24 of the European Convention
on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959.
In accordance with Article 24(1)(b) of the Convention, Ireland declares that the central
authority for the purposes of Article 6(1) and Article 6(8) of the Convention is the
Minister for Justice and Equality.
In accordance with Article 24(1)(c) of the Convention, Ireland declares that the authorities
competent for the purposes of Article 6(5) are the Commissioner of An Garda Síochána
(the Irish police service) and the Revenue Commissioners.
In accordance with Article 24(1)(e) of the Convention, Ireland declares that the authority
competent for the purposes of the application of Article 18, Article 19, and Article
20(1) to (5) is the Minister for Justice and Equality. The contact point on duty twenty-four
hours a day, designated under Article 20(4)(d), is An Garda Síochána (the Irish police
service).
Italy
23-11-2017
1. Declarations under Article 24 of the Convention. Pursuant to Article 24 of the
Convention, the Italian Republic makes the following declarations:
1.1. Declaration regarding Article 24(1).
1. The judicial authorities competent to issue requests for mutual legal assistance
are those set out in the declarations made by Italy in relation to the Convention
on Mutual Assistance signed in Strasbourg on 20 April 1959. The authority competent
to receive and execute requests for mutual legal assistance is, except where indicated
below, the Public Prosecutor (Procuratore della Repubblica) at the Court of the administrative
centre of the district in which the requested acts are to be carried out. Where the
request for assistance concerns acts which need to be executed in more than one district,
responsibility for their execution lies with the Public Prosecutor of the district
in which the highest number of acts are to be carried out, or, if an equal number
of acts are to be carried out in each district, the Public Prosecutor of the district
in which the act of most importance to the investigation is to be carried out. If
multiple related requests for assistance are issued, the Public Prosecutor designated
to deal with the first request is responsible for their execution.
Where the requesting authority asks that the act be carried out by a judge or where
the fundamental principles of the Italian legal system require that the requested
act be carried out by a judge, the authority competent to execute the request is the
judge in charge of preliminary investigations (giudice per le indagini preliminari),
at the request of the Public Prosecutor.
1.2. Declaration under Article 24(1)(a) and (d). Competent authorities within the
meaning of Article 3(1).
1. The sole authority competent to make and receive requests for assistance is the
Ministry of Justice - Department of Judicial Affairs - Directorate-General for Criminal
Justice - Office II: International Cooperation (Ministero della Giustizia - Dipartimento
Affari di Giustizia - Direzione Generale della Giustizia Penale - Ufficio II - Cooperazione
lnternazionale).
1.3. Declaration under Article 24(1)(b).
Competent central authority for the purposes of applying Article 6, as well as in
relation to Article 6(8). The central authority is the Ministry of Justice - Department
of Judicial Affairs - Directorate-General for Criminal Justice - Office II: International
Cooperation (Ministero della Giustizia - Dipartimento per gli Affari di Giustizia
- Direzione Generale della Giustizia Penale - Ufficio II - Cooperazione lnternazionale),
which according to national law is competent in the following specific cases:
(a) for the transmission of requests for assistance where judicial authorities have
encountered insurmountable difficulties with direct transmission;
(b) for the transmission of requests for assistance to authorities in the United
Kingdom and Ireland, as long as those States continue not to use the direct transmission
options provided for in Article 6(1) of the Convention;
(c) for the transmission and reception of requests for the transfer of persons
held in custody in the cases set out in Article 6(8) of the Convention.
1.4. Declaration under Article 24(1)(c).
Competent police authorities in relation to Article 12, Article 13 and Article 14.
In addition to the Anti-Mafia Investigation Department (Direzione investigativa antimafia),
which is competent in matters related to organised crime, the police authorities competent
to receive and transmit requests under Articles 12 and 14 of the Convention are as
follows:
- For the Guardia di Finanza:
(a) the Central Service for the Investigation of Organised Crime (Servizio Centrale
lnvestigazione Criminalità Organizzata - with regard to the following forms of organised
crime only: illegal immigration; trafficking in human beings; usury, money laundering
and reinvestment; currency counterfeiting; counterfeiting, alteration or use of distinguishing
marks or signs, or of patents, models or designs; introduction into the State and
marketing of products with counterfeit marks);
(b) the Protection of Intellectual Property Unit (Nucleo Tutela Proprietà lntellettuale
- only with regard to the counterfeiting, alteration or use of distinguishing marks
or signs, or of patents, models or designs, or the introduction into the State and
marketing of products with counterfeit marks);
(c) the Special Currency Police Unit (Nucleo Speciale di Polizia valutaria - only
with regard to terrorist financing, money laundering and reinvestment).
- For the State Police:
(a) the Central Operational Office of the Central Anti-Crime Directorate (Servizio
Centrale Operativo della Direzione Centrale Anticrimine - for organised crime);
(b) the Central Police Directorate for Prevention (Direzione Centrale della Polizia
di Prevenzione - for terrorist offences other than terrorist financing);
(c) the Central Directorate for Drugs Control (Direzione Centrale Servizi Antidroga
- for drug related offences);
(d) the Postal and Communications Police Service (Servizio della Polizia Postale
e delle comunicazioni - for offences related to child sexual abuse material).
- For the Arma dei Carabinieri:
(e) the Special Operations Group (Raggruppamento Operativo Speciale - for organised
crime and terrorist offences other than terrorist financing).
The judicial authorities (Public Prosecutor's Offices - Uffici del Pubblico Ministero)
are always the competent authority with regard to Article 13.
1.5. Declaration under Article 24(1)(e) and Article 20(4)(d). Authorities competent
for the purposes of the application of Articles 18 and 19 and Article 20(1) to (5).
Where Italy is the requesting party, the authority competent to make and transmit
requests under Articles 18 and 19 of the Convention and to transmit notifications
when the operations provided for in Article 20(2) of the Convention are begun is the
Public Prosecutor's Office (Ufficio del Pubblico Ministero).
Where Italy is the requested party, the authority competent to receive and execute
requests is the Public Prosecutor at the Court of the district administrative centre,
without prejudice to the need for authorisation from the judge in charge of preliminary
investigations when the request concerns assistance on interception operations related
to a person present in the territory of the State, or technical assistance on interception,
recording and the subsequent transmission of the results. In the case provided for
in Article 20 of the Convention, the authority competent to receive a notification
that the operations provided for in Article 20(2) of the Convention have begun is
the Public Prosecutor at the Court of the administrative centre of the district in
which the intercepting State first located the user whose communications have been
or will be intercepted, provided that no other Office is executing or has already
executed a previous related request for assistance, in accordance with the declaration
made in relation to Article 24(1) of the Convention.
The authority competent to order the execution or continuation of the operations or,
subject to the provisions of Article 20(4) of the Convention, their immediate termination,
is the judge in charge of preliminary investigations.
The contact point under Article 20(4) is the Italian SIRENE bureau. According to national
law, the Public Prosecutor at the Court of the district administrative centre will
ensure that a reply is sent without delay, and at the latest within 96 hours of receiving
the information communicated by the intercepting State, and will notify the competent
authority of that State of the measures taken by the judge in charge of preliminary
investigations.
2. Declaration under Article 9(6).
The Italian Republic declares that, in order to conclude an agreement as provided
for in Article 9(1) of the Convention, the consent referred to in Article 9(3) is
required.
Latvia
14-06-2004
In accordance with paragraph 6 of Article 9 of the Convention established by the Council
in accordance with Article 34 of the Treaty on European Union on Mutual Assistance
in Criminal Matters between the Member States of the European Union, Council Declaration
on Article 10(9), Declaration by the United Kingdom on Article 20, the Republic of
Latvia declares that, before an agreement is reached for temporarily transfer of person
referred in paragraph 1 of Article 9, the consent to the transfer from the person
concerned shall be requested in all cases;
In accordance with Article 24 of the Convention the Republic of Latvia declares that
the designated central authorities competent for application of said Convention and
application between the Member States of the provisions on mutual assistance in criminal
matters are the same that are designated by declaration of the Republic of Latvia
pursuant to the Convention on Mutual Assistance in Criminal Matters;
In accordance with part (e) of paragraph 1 Article 24 of the Convention the Republic
of Latvia declares that the designated competent authority for purposes of the application
of Article 18, 19 and 20(1) to (5) is:
Central Criminal Police
Brivibas Boulevard 61
Riga, LV-1010
Latvia
Phone: +371 7075031
Fax: +371 7075053
E-mail: kanc@vp.gov.lv.
Lithuania
28-05-2004
And whereas, pursuant to paragraph 7 of Article 6 of the Convention, the Seimas of
the Republic of Lithuania declares that the Republic of Lithuania does not consider
itself bound by the provisions of the first sentence of paragraph 5 and paragraph
6 of Article 6 of the Convention;
And whereas, pursuant to Article 24 of the Convention, the Seimas of the Republic
of Lithuania declares that:
1) the Ministry of Justice and the Prosecutor General's Office are designated as the
central authorities to exercise the functions provided for in the Convention;
2) the Territorial Regional Prosecutor's Offices, the Court of Appeals of Lithuania,
Regional and District courts are the judicial authorities to exercise the functions
provided for in the Convention. Ministry of Justice and the Prosecutor General's Office
in every concrete case shall help to determine which judicial authority has territorial
competence to provide mutual assistance;
3) the Prosecutor's Office of the Republic of Lithuania has the competence to provide
mutual assistance under Articles 12, 13, 14, 18, 19 and paragraphs 1 to 5 of Article
20 with the exception of subparagraph d of paragraph 4 of Article 20;
4) the Police Department under the Ministry of Interior is designated as the competent
authority to exercise the functions provided for in subparagraph d of paragraph 4
of Article 20 of the Convention. Pursuant to paragraph 5 of Article 27 of the Convention
the Seimas of the Republic of Lithuania declares that if the Convention is not yet
in force by the accession of the Republic of Lithuania to the European Union the Convention
shall apply to the relations between the Republic of Lithuania and the other Member
States of the European Union that have made the same declaration.
Luxembourg
29-05-2000
In accordance with the provisions of Article 23 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on 29 May 2000, (hereinafter "the Convention"), the Government of the Grand-Duchy of Luxembourg hereby declares that, where personal data are communicated by the Grand-Duchy of Luxembourg under this Convention to another Member State, the Grand-Duchy of Luxembourg may, subject to the provisions of Article 23(1)(c) of the Convention, in the circumstances of a particular case, require that, unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand-Duchy of Luxembourg in respect of proceedings for which the Grand-Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1 of the Convention. If in the circumstances of a particular case the Grand-Duchy of Luxembourg refuses to give its consent following a request by a Member State in application of the provisions of paragraph 1, it will indicate the reasons for its decision in writing. Done at Brussels on 29 May 2000 on the occasion of the signing of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union.
06-12-2010
In accordance with Article 6(7) of the Convention of 29 May 2000 on Mutual Assistance
in Criminal Matters between the Member States of the European Union (hereinafter referred
to as "the Convention"), the Government of the Grand Duchy of Luxembourg declares
that it is not bound either by the first sentence of Article 6(5) nor by Article 6(6).
In accordance with Article 18(7) of the Convention, the Government of the Grand Duchy
of Luxembourg declares that it is bound by paragraph 6 of Article 18 only when it
is unable to provide immediate transmission of telecommunications.
In accordance with Article 23 of the Convention, the Government of the Grand Duchy
of Luxembourg declares that, when it communicates personal data to another Member
State, it may, subject to Article 23(1)(c), in the circumstances of the particular
case require that unless the Member State concerned has obtained the consent of the
data subject, the personal data may only be used for the purposes referred to in Article
23(1)(a) and (b) of the Convention with the prior consent of the Grand Duchy of Luxembourg
in respect of proceedings for which the Grand Duchy of Luxembourg could have refused
or limited the transmission or use of the personal data in accordance with the provisions
of the Convention or the instruments referred to in Article 1 thereof. If, in a particular
case the Grand Duchy of Luxembourg refuses to give its consent to a request from a
Member State pursuant to the provisions of paragraph 1, it must give the reasons for
its decision in writing.
In accordance with Article 24 of the Convention, the Government of the Grand Duchy
of Luxembourg declares that the competent authorities for the application of the Convention
are the judicial authorities and that when the involvement of a central authority
is required, it is the Chief Public Prosecutor, Cité judiciaire, Bâtiment CR, L-2080
Luxembourg. In accordance with the statement made in Article 24 of the European Convention
on Mutual Assistance in Criminal Matters of 20 April 1959, the Government of the Grand
Duchy of Luxembourg understands the "judicial authority" to be "members of the judiciary
responsible for administering the law, examining magistrates and members of the Department
of Public Prosecution."
Malta
04-04-2008
For purposes of Article 6(7), Malta declares that it is bound by the first sentence
of paragraphs (5) and (6) of this Article;
For purposes of Article 9(6), Malta declares that before an agreement is reached on
the temporary transfer of a person held in custody for the purposes of investigation,
the consent referred to in 9(3) will be required;
For purposes of Article 18(7), Malta declares that it will only be bound by paragraph
6 of the same Article when it is unable to provide immediate transmission.
Pursuant to Article 24 Malta declares that:
(1) all requests must be sent to Malta via the Office of the Attorney General which
is the designated central authority.
(2) the designated contact point referred to in Article 20 paragraph (4)(d) is the
International Relations Unit of the Malta Police.
Netherlands, the Kingdom of the
02-04-2004
In accordance with Article 10(9) the Kingdom of the Netherlands declares that the
first subparagraph of Article 10(9) will not be applied.
In accordance with Article 24(1) the Kingdom of the Netherlands declares that the
authorities indicated in the European Mutual Assistance Convention and the Benelux
Treaty are competent for the application of this Convention and the Protocol thereto
and are in addition designated as:
- administrative authorities within the meaning of Article 3(1): the public prosecutor
and the Centraal Justitieel Incassobureau (Central Judicial Recovery Bureau);
- competent central authority within the meaning of Article 6(2) and (8): the Bureau
Internationale Rechtshulp (International Judicial Assistance Bureau) of the Ministry
of Justice in The Hague;
- competent authorities within the meaning of Article 6(5): the public prosecutor
for incoming and outgoing requests and for the notification of a Member state for
instituting proceedings before the courts in another Member State and the examining
magistrate for outgoing requests;
- administrative authorities within the meaning of Article 6(6): the Centraal Justitieel
Incassobureau (Central Judicial Recovery Bureau) in Leeuwarden;
- competent authorities within the meaning of Articles 18 and 19 and Article 20(1)
to (5): the public prosecutor, and
- competent authority to receive the notification referred to in Article 20(2): the
Netherlands Sirene Bureau.
In accordance with Article 27(5) the Kingdom of the Netherlands declares that until
its entry into force the Convention will be applied in its relations with Member States
which have made the same declaration.
31-03-2021
Pursuant to article 24, paragraph 1 of the Convention of 29 May 2000 on Mutual Assistance
in Criminal Matters between the Member States of the European Union (‘the Convention’),
the declaration regarding the 1959 European Convention on Mutual Assistance in Criminal
Matters and its Protocols submitted by the Netherlands to the Council of Europe on
26 February 2021 also applies to the Convention.
Pursuant to article 24, paragraph 1 of the Convention, the Netherlands declares that
the European Public Prosecutor’s Office (EPPO), in exercising its competences as provided
for in articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, is authorised
to make requests in accordance with article 18 of the Convention, and to act as competent
authority in accordance with article 19, paragraph 2 and article 20, paragraphs 1
to 5 of the Convention.
Requests addressed to the EPPO as the requested authority should be sent to its Central
Office. In urgent cases, they can be sent directly to a European Delegated Prosecutor
in the Netherlands. In such cases, a copy should be sent to the EPPO’s Central Office.
The notification under article 24, paragraph 1 (b) of the Convention, which requires
requests or communications to be sent through the central authority, does not apply
to requests or notifications issued by or addressed to the EPPO.
Poland
28-07-2005
Declarations
1. Pursuant to Article 24(1)(b),(c),(e) of the Convention, Poland declares that:
- the central authority, for the purposes specified in Article 6(2) and (8), shall
be the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warsaw, Poland;
- the authorities competent for the purposes specified in Article 6(5) shall be: in
the scope covered by Articles 12 and 14 - the Chief Police Commander ('Komendant Glówny
Policji'), while in the scope covered by Article 12, in respect of serious fiscal
offences - also the Minister of Finance, and in the scope covered by Article 13 -
the Attorney-General;
- the authorities competent for the purposes of the application of Articles 18, 19,
20(1) to (3) and (5) shall be the Circuit Prosecutors ('Prokurator Okregowy') having
territorial jurisdiction; while the role of contact points, pursuant to Article 20(4),
shall be fulfilled by the Voivodeship Police Commanders ('Komendant Wojewódzki Policji')
having territorial jurisdiction.
2. Pursuant to Article 27(5) of the Convention, Poland declares that it shall apply
this Convention before its entry into force, in the relations with other Member States
which have made the same declaration.
Reservations
1. Pursuant to Article 9(6) of the Convention, Poland declares that before an agreement
referred to in Article 9(1) is reached, it will - as the requested state - require
the prior consent from the person to be temporarily transferred.
2. Pursuant to Article 10(9) of the Convention, Poland declares that it shall neither
request hearings of the accused persons by videoconference, nor shall it execute such
requests.
Portugal
05-11-2001
In accordance with Article 24(1) of the Convention referred to in the preceding paragraph,
the Portuguese Republic declares that "competent authorities" should be taken to mean:
(a) for the purposes of Article 3(1) of the Convention, all administrative authorities
whose powers are determined by Portuguese law;
(b) for the purposes of applying Article 6 of the Convention, including paragraph
8 thereof, the Procuradoria Geral da República (Office of the Chief Public Prosecutor
of the Republic) as central office, or the Policia Judiciária (Criminal Police) for
transmission of requests under Articles 12, 13 and 14 of the Convention;
(c) for the purposes of applying Article 12 of the Convention, the Ministério Público
(Public Prosecutor's Office).
In accordance with Article 20(4)(d) of the Convention, the Portuguese Republic designates
the Policia Judiciária (Criminal Police), via its Departamento Central de Cooperaçao
Internacional (DCCI - Central Department for International Cooperation), as contact
point for the purposes of Articles 18, 19 and 20 of the Convention.
In accordance with Article 6(7) of the Convention, the Portuguese Republic declares
that requests under paragraphs 5 and 6 of the same Article are to be forwarded to
the Procuradoria Geral da República (Office of the Chief Public Prosecutor of the
Republic) whenever the Portuguese Republic is the requested State; in accordance with
the same provisions, it declares that, whenever the Portuguese Republic is the requesting
State, requests may be made by the Portuguese administrative authorities which have
powers conferred by Portuguese law.
In accordance with Article 18(7) of the Convention, the Portuguese Republic is bound
by paragraph 6 of the same Article only when the Portuguese authorities are unable
to provide immediate transmission.
In accordance with, and for the purposes of, Article 27(5) of the Convention, the
Portuguese Republic applies this Convention in its relations with other Member States
which have made the same declaration.
Romania
22-03-2007
In accordance with its national legislation, Romania designates the following authorities
as competent for the application of the Convention:
(a) Central authorities under Article 6:
- The Ministry of Justice, for the requests for assistance set out in Article 6(8)
of the Convention and any other request for assistance at the stage of sentencing
or execution of criminal judgments in the situation mentioned in Article 6(3) of the
Convention and in other cases in which direct contact is not possible. However, direct
communication is possible between the Romanian judicial authorities and the central
authorities designated by other Member States;
- The Public Prosecutor's Office attached to the High Court of Cassation and Justice,
for requests for assistance at the stage of investigation and criminal proceedings
in the situation mentioned in Article 6(3) and in other cases in which direct contact
is not possible. However, direct communication is also possible between the Romanian
judicial authorities and the central authorities designated by the United Kingdom
of Great Britain and Northern Ireland and by Ireland;
- The Public Prosecutor's Office attached to the High Court of Cassation and Justice,
for requests for assistance set out in Articles 18, 19 and 20(1) to (5). Under the
national rules governing criminal procedure, the public prosecutor is the one who
may request authorisation to intercept telecommunications and the judicial body is
the only judicial authority competent to have authorisation.
NB: In accordance with Romanian law, under this Convention, the rule is direct contact
between the requesting and requested judicial authorities. However, communication
through the central authorities is necessary in the exceptional cases provided for
in the Convention, as well as with those Member States which have made statements
to the effect that requests for assistance should be transmitted by a central authority
designated for that purpose.
(b) The Romanian judicial authorities are the courts or tribunals and the Prosecution
Service (public prosecution offices).
(c) In Romania, the courts and tribunals are the only bodies which may authorise the
interception of telecommunications, at the request of the public prosecutor. In the
field of judicial assistance in criminal matters, the Public Prosecutor's Office attached
to the High Court of Cassation and Justice assists the authorities which request the
issue of the authorisation to intercept telecommunications.
Slovakia
03-07-2006
Statements and Reservation of the Slovak Republic according to the Article 24 and Article 25 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union In accordance with the Article 24 paragraph 1, in addition to the authorities already indicated in the Declaration of the Slovak Republic to the European Convention on Mutual Assistance in Criminal Matters, the Slovak Republic declares that for the application of this convention are competent the following authorities: - the Ministry of Justice of the Slovak Republic is the competent central authority for the transmission of the request for the mutual assistance, within the meaning of Article 6 paragraph 2 - the prosecutor is considered as a competent authority within the meaning of Article 6 paragraph 5 in the proceedings according the Articles 12 and 14, - the General Prosecutor's Office of the Slovak Republic is considered a competent authority within the meaning of Article 6 paragraph 5 in the proceedings according to the Article 13, - the Ministry of Justice of the Slovak Republic is the competent central authority within the meaning of Article 6 paragraph 8 letter a), - the General Prosecutors Office of the Slovak Republic is the competent central authority within the meaning of Article 6 paragraph 8 letter b), - the Presidium of the Police Forces, International Police Cooperation Office, National Central Bureau of Interpol, Racianska 45, 812 72 Bratislava, Slovak Republic, Tel. +421- (0)9610 50318, Fax: +421-(0) 9610 59002), is thecontact point within the meaning of Article 20 paragraph 4 letter d). In accordance with Article 9 paragraph 6 the Slovak Republic declares that it shall require the consent of the person with a transfer before an agreement on temporary transfer of the person held in custody or serving the imprisonment sentence for the purpose of investigation is reached. In accordance with Article 6 paragraph 7 the Slovak Republic reserves its right not to be bound by the first sentence of paragraph 5 and by paragraph 6 of the Article 6.
Slovenia
28-06-2005
In accordance with Article 24 of the Convention established by the Council in accordance
with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal
Matters between the Member States of the European Union, the Republic of Slovenia
declares the following:
1. With reference to Article 24(1)( a) of the Convention, the Republic of Slovenia
declares that the authorities competent for the purposes of Article 6(6) of the Convention
shall be the authorities that, in accordance with the national legislation of the
Republic of Slovenia, carry out supervisory tasks over the implementation of regulations
and are in this regard competent to make decisions about minor offences.
2. With reference to Article 24(1 )(b) of the Convention, the Republic of Slovenia
declares that the competent judicial authorities in the Republic of Slovenia pursuant
to Article 6(1) of the Convention shall be the courts with territorial competence
and district state prosecutor's offices.
3. With reference to Article 24(1)© of the Convention, the Republic of SI oveni a
declares that the central authority in the Republic of Slovenia for the purposes of
applying Article 6(8) of the Convention shall be the Ministry of Justice, the Directorate
for international cooperation and international legal assistance. The Ministry of
Justice of the Republic of Slovenia also gives explanations on judicial authorities
with territorial competence for receiving requests and providing international legal
assistance.
4. With reference to Article 24(1 )( e) of the Convention, the Republic of Slovenia
declares that the authority competent for the purposes of the application of Articles
18 and 19 and Article 20(1) to (5) of the Convention shall be The Ministry of the
Interior of the Republic of Slovenia - the Police; interception of telecommunications
on the territory of the Republic of Slovenia shall be ordered by the competent court.
Spain
27-01-2003
Under Article 24(1)(b), Spain designates as central authority, in accordance with
Article 6(2), the Ministry of Justice (Directorate-General for Legislative Policy
and International Judicial Cooperation).
Under Article 24(1)(e) and for the purposes of Articles 18 and 20, the competent authority
is the "Audiencia Nacional" (National High Court), when Spain is the requested State.
With reference to paragraph 4 of Article 20 on the designation of contact points to
be on duty twenty-four hours a day, Spain's contact points will be the "Juzgados de
Instrucción" (magistrates courts) and the "Juzgados Centrales de Instrucción de Guardia"
(central duty magistrates' courts).
In accordance with Article 27(5) of the Convention, the Kingdom of Spain applies this
Convention in its relations with other Member States which have made the same declaration.
15-02-2013
Amendments to the statement made by the Kingdom of Spain in accordance with Article
24 of the Convention on mutual assistance:
Under Article 24(1)(b), Spain designates as central authority, in accordance with
Article 6(2), the Ministry of Justice (Directorate-General for International Judicial
Cooperation and Relations with Religious Groups).
Under Article 24(1)(e) and for the purposes of Article 18 and Article 20 of the Convention
on Mutual Assistance in Criminal Matters between the Member States of the European
Union, the competent authority will be the judicial body established following the
application of the usual rules concerning establishment of jurisdiction, as provided
for under law.
With reference to Article 20(4) on the designation of contact points to be on duty
twenty-four hours a day, Spain's contact points will be the on-call departments of
the relevant body.
Sweden
07-07-2005
Statements:
(a) The authorities (public prosecutors and courts) designated by Sweden as competent
judicial authorities under Article 24 of the 1959 European Convention
on Mutual Assistance in Criminal Matters are competent for the application
of the EU Convention of 29 May 2000 on Mutual Assistance in
Criminal Matters and the Protocol of 16 October 2001 to that Convention.
(b) In addition:
(1) under Article 24(1)(b) of the Convention, the Ministry of Justice is the
competent central authority;
(2) under Article 24(1)(c) of the Convention, the following police and customs
authorities are competent:
(i) the National Police Board, the police authorities, the Customs Board
and the Coast Guard for controlled deliveries (Article
12);
(ii) the National Police Board, the police authorities, the Customs Board
and the Coast Guard for joint investigation teams
(Article 13), and
(iii) the National Police Board and the police authorities for covert investigations
(Article 14);
(3) under Article 24(1)(e) of the Convention, public prosecutors are competent.
United Kingdom
22-09-2005
Article 6
As provided for by Article 6(3), the United Kingdom declares that requests for mutual
assistance must be sent to one of the three authorities designated as central authorities
by virtue of its declaration under Article 24(1)(b). In limitation of this declaration,
requests for mutual assistance in revenue and customs matters (including direct and
indirect tax offences and import and export offences) my alternatively be sent to
H M Revenue and Customs. Communications relating to requests, including return of
evidence, may subsequently be made directly between the requesting and executing authority.
Article 9
As provided for by Article 9(6), the United Kingdom requires the written consent of
a person in custody in order to authorise temporary transfer.
Article 10
As provided for by Article 10(9), the United Kingdom will not apply the provisions
of article 10 to hearings by videoconference involving an accused person.
Article 18
As provided for by Article 18(7), the United Kingdom will be bound by paragraph 6
only when it is unable to provide immediate transmission.
Article 20
The United Kingdom reaffirms the declaration it made upon signature of the Convention,
which forms an agreed, integral part of the Convention, and which reads as follows:
"In the United Kingdom, Article 20 will apply in respect of interception warrants
issued by the Secretary of State to the police service or HM Customs and Excise where,
in accordance with national law on the interception of communications, the stated
purpose of the warrant is the detection of serious crime. It will also apply to such
warrants issued to the Security Service where, in accordance with national law, it
is acting in support of an investigation presenting the characteristics described
in Article 20(1)." The reference to HM Customs and Excise should now be read as the
Commissioners for HM Revenue and Customs, as a result of changes made by the Commissioners
of Revenue and Customs Act 2005.
Article 24
In accordance with Article 24(1), the United Kingdom declares that the authorities
competent for the application of the Convention are those already indicated in the
European Mutual Assistance Convention and: In accordance with Article 24(1)(b), the
following authorities are central authorities for the purposes of applying Article
6 and for requests referred to in Article 6(8): The Home Office for England and Wales
The Crown Office for Scotland The Northern Ireland Office for Northern Ireland In
accordance with Article 24(1)(c), and in addition to the authorities already listed,
the following authorities are also competent for the purpose of article 6(5): Scottish
Drugs Enforcement Agency (SDEA) Chief Officers of Police in England and Wales and
the Chief Constable of the Police Service of Northern Ireland In accordance with Article
6(4), the United Kingdom reaffirms that these requests may be transmitted via the
National Central Bureau of Interpol. In accordance with Article 24(1)(e), for the
purpose of the application of Articles 18, 19 and 20, the competent authority for
England and Wales is the Secretary of State for the Home Department, for Northern
Ireland is the Secretary of State for Northern Ireland and for Scotland is the Scottish
Ministers. The contact point on duty twenty-four hours a day for the purposes of Article
20(4)(d) is the National Central Bureau of Interpol.