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Download XMLConvention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Austria | Yes | No |
| Belgium | Yes | No |
| Bulgaria | Yes | No |
| Croatia | Yes | No |
| Cyprus | Yes | No |
| Czech Republic | Yes | No |
| Denmark | Yes | No |
| Estonia | Yes | No |
| Finland | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| Greece | 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 |
| Slovakia | Yes | No |
| Slovenia | Yes | No |
| Spain | Yes | No |
| Sweden | Yes | No |
| United Kingdom | Yes | No |
Austria
08-09-2004
Under Article 20(6):
A. With respect to the common border between the Republic of Austria and the Federal
Republic of Germany: Customs administration officers to be specified pursuant to Article
20(1) of the Convention will carry out pursuit in accordance with the following procedures:
(a) the pursuing officers will be given the right to apprehend in accordance with
Article 20(2)(b),(4) and (5);
(b) the pursuit will not be subject to any limit in space or time (Article 20(3)(b)).
B. With respect to the common border between the Republic of Austria and the Italian
Republic:
Customs administration officers to be specified pursuant to Article 20(1) of the Convention
will carry out pursuit in accordance with the following procedures:
(a) the pursuing officers will not have the right to apprehend (Article 20(2)(a));
(b) the pursuit may be carried out over a distance of 20 kilometres in the case of
motorways and, otherwise, over a distance of up to 10 kilometres (Article 20(3)(a)).
Under Article 23(5):
Pursuant to Article 23(5) (Covert investigations) of the Convention on Mutual Assistance
and Co-operation between Customs Administrations, the Republic of Austria declares
that it will allow operations by covert investigators only if, in the other Member
State, criminal proceedings are pending in respect of offences which fulfil the conditions
for the issue of a European arrest warrant and it would be completely impossible or
extremely difficult to elucidate the facts without recourse to the proposed covert
operation.
Under Article 26(4):
The Republic of Austria accepts the jurisdiction of the Court of Justice of the European
Communities under the terms of Article 26(5)(b).
Re Article 26:
The Republic of Austria reserves the right to make provision in its national law to
the effect that, where a question relating to the interpretation of the Convention
on mutual assistance and cooperation between customs administrations is raised in
a case pending before a national court or tribunal against whose decision there is
no judicial remedy under national law, that court or tribunal will be required to
refer the matter to the Court of Justice of the European Communities.
Under Article 32(4):
In accordance with Article 32(4) the Republic of Austria declares that, until its
entry into force, this Convention, with the exception of Article 26 thereof, shall
apply to its relations with Member States that have made the same declaration. This
declaration shall take effect ninety days after the date of deposit thereof.
Belgium
22-09-2004
Declaration, within the meaning of Article 20(6) of the Convention on Mutual Assistance
and Cooperation between Customs Administrations, relating to the common borders of
the Kingdom of Belgium with the Kingdom of the Netherlands, the Grand Duchy of Luxembourg,
the Federal Republic of Germany and the French Republic
(a) Common borders of the Kingdom of Belgium with the Kingdom of the Netherlands
On Belgian territory the competent officers of the Kingdom of the Netherlands will
exercise the right of pursuit, as regards application of the right to apprehend, the
territorial scope thereof and the events concerning which that right may be applied:
with regard to the infringements referred to in Article 19(2)(a), (b) and (d) of this
Convention, in accordance with the relevant provisions of Article 27 of the Benelux
Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as
amended by the Protocol of 11 May 1974; with regard to the infringements referred
to in Article 19(2)(c) of this Convention, in accordance with the relevant provisions
of Article 24 of the Convention on administrative and judicial cooperation in the
field of regulations relating to the achievement of the objectives of the Benelux
Economic Union of 29 April 1969 and of the Additional Protocol thereto containing
specific provisions on taxation.
(b) Common borders of the Kingdom of Belgium with the Grand Duchy of Luxembourg
On Belgian territory the competent officers of the Grand Duchy of Luxembourg will
exercise the right of pursuit, as regards application of the right to apprehend, the
territorial scope thereof and the events concerning which that right may be applied:
with regard to the infringements referred to in Article 19(2)(a), (b) and (d) of this
Convention, in accordance with the relevant provisions of Article 27 of the Benelux
Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as
amended by the Protocol of 11 May 1974; with regard to the infringements referred
to in Article 19(2)(c) of this Convention, in accordance with the relevant provisions
of Article 24 of the Convention on administrative and judicial cooperation in the
field of regulations relating to the achievement of the objectives of the Benelux
Economic Union of 29 April 1969 and of the Additional Protocol containing special
provisions on taxation.
(c) Common borders of the Kingdom of Belgium with the Federal Republic of Germany
On Belgian territory the competent officers of the Federal Republic of Germany will
exercise the right of pursuit, as regards application of the right to apprehend, the
territorial scope thereof and the events concerning which that right may be applied,
in accordance with the following qualifications: right to apprehend in extremely urgent
cases as provided for in Article 20(2)(b); right of pursuit without limit in space
or time; right of pursuit of individuals observed in the act of committing one of
the infringements referred to in Article 19(2) which could give rise to extradition,
or participating in such an infringement.
(d) Common borders of the Kingdom of Belgium with the French Republic
On Belgian territory the competent officers of the French Republic will exercise the
right of pursuit, as regards application of the right to apprehend, the territorial
scope thereof and the events concerning which that right may be applied, in accordance
with the following qualifications: no right to apprehend; right of pursuit without
limit in space or time; right of pursuit of individuals observed in the act of committing
one of the infringements referred to in Article 19(2) which could give rise to extradition,
or participating in such an infringement.
16-03-2007
In accordance with Article 32(4) of the Convention, the Kingdom of Belgium declares that, until the Convention enters into force, as far as Belgium is concerned, the Convention, with the exception of Article 26 thereof, is to apply to its relations with Member States that have made a similar declaration. The Kingdom of Belgium declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 26(5)(b) of the Convention.
Bulgaria
02-02-2007
In accordance with article 20, paragraph 8 of the Convention, the Republic of Bulgaria
declares that it is not bound by the provisions of article 20.
In accordance with article 21, paragraph 5 of the Convention, the Republic of Bulgaria
declares that it is not bound by the provisions of article 21.
In accordance with article 23, paragraph 5 of the Convention, the Republic of Bulgaria
declares that it is not bound by the provisions of article 23.
In accordance with article 26, paragraph 4 of the Convention, the Republic of Bulgaria
declares that it accepts the jurisdiction of the Court of Justice of the European
Communities in the circumstances laid down in article 26, paragraph 5 (b).
In accordance with article 32, paragraph 4 of the Convention, the Republic of Bulgaria
declares that as far as it is concerns this Convention, with the exception of article
26 thereof, shall apply to its relations with Member States which have made the same
declaration.
Croatia
11-07-2016
Reservation concerning Article 20 of the Convention: Pursuant to Article 20, paragraph 8 of the Convention, the Republic of Croatia declares that it is not bound by Article 20 of the Convention. Reservation concerning Article 21 of the Convention: Pursuant to Article 21, paragraph 5 of the Convention, the Republic of Croatia declares that it is not bound by Article 21 of the Convention. Reservation concerning Article 23 of the Convention: Pursuant to Article 23, paragraph 5 of the Convention, the Republic of Croatia declares that it is not bound by Article 23 of the Convention.
Cyprus
29-06-2007
Pursuant to paragraph (4) of Article 32 of the Convention, drawn up on the basis of Article K3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Cyprus declares that, until the Convention enters into force, the Convention shall apply to the Republic of Cyprus, with the exception of Article 26 thereof, in its relations with Member States, which have made the same declaration on the basis of paragraph (4) of Article 32 of the Convention.
Czech Republic
28-01-2005
1. Re Articles 1(2) and 3(2):
The Czech Republic declares that it interprets the terms "judicial authorities" and
"judicial authority" in Articles 1(2) and 3(2) of the Convention in the sense of its
declarations made pursuant to Article 24 of the European Convention on Mutual Assistance
in Criminal Matters, signed in Strasbourg on 20 April 1959.
2. Re Article 4(7):
The Czech Republic declares that, as regards cooperation under Title IV of the Convention,
"customs administrations" shall also include the police of the Czech Republic.
3. Re Article 20(1):
The Czech Republic states that the autorisation to act pursuant to this Article shall
apply in the Czech Republic to officers of the authorities of the Customs Administration
of the Czech Republic, who shall have the status of police authorities under national
law, and to the police of the Czech Republic.
4. Re Article 20(6):
The Czech Republic declares that the competent officers of the Member States shall
exercise hot pursuit in the territory of the Czech Republic without limit in space
or time (Article 20(3)(b)) and may apprehend the person pursued (Article 20(2)(b)).
This autorisation shall not apply to officers of Member States which have completely
excluded application of this Article pursuant to paragraph 8 thereof.
5. Re Article 21(1):
The Czech Republic states that autorisation to act pursuant to this Article shall
apply in the Czech Republic to the authorities of the Customs Administration of the
Czech Republic, which shall have the status of police authorities under national law,
and to the police of the Czech Republic.
6. Re Article 21(5):
The Czech Republic declares that it accepts the provisions of Article 21 subject to
the following conditions: Cross-border surveillance may be carried out pursuant to
Article 21(1), (2) and (3) only if there are serious grounds for believing that the
persons under observation are involved in one of the infringements referred to in
Article 19(2), which carry the maximum sentence of at least one year of imprisonment
in the requesting State, and only for the purpose of evidence in criminal proceedings.
7. Re Article 26(4):
The Czech Republic declares that it accepts the jurisdiction of the Court of Justice
of the European Communities under Article 26(5)(b) of the Convention drawn up on the
basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation
between customs administrations. The Czech Republic reserves the right to provide
in its national law that, where a question relating to the interpretation of the Convention
drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance
and cooperation between customs administrations is raised in a case pending before
a national court or tribunal against whose decision there is no judicial remedy under
national law, that court or tribunal be required to refer the matter to the Court
of Justice of the European Communities.
8. Re Article 32 (4):
The Czech Republic declares, in terms of Article 32 paragraph 4, that as far as it
is concerned this Convention, with the exception of Article 26 thereof, shall apply
to its relations with the Member States that have made the same declaration.
Denmark
30-08-2002
In connection with the ratification of the Naples II Convention, Denmark wishes to
make the declarations set out below. Denmark has previously made declarations on Articles
1(2), 3(2), 4(3) and 6(4) of the Naples II Convention. We assume that those declarations
remain annexed to the Convention. As Article 4 is not divided into paragraphs, but
is a numbered list, it should be made clear that the declaration relates to item number
3 on the list in Article 4 (not paragraph 3). Law No 465 of 7 June 2001 on amendments
to the Criminal Code and to the Administration of Justice Act (receiving stolen goods
and other subsequent assistance, and IT investigations) introduced a general provision
on receiving stolen goods in Section 290 of the Criminal Code. At the same time, Sections
191a and 284 of the Criminal Code were repealed. The reference to these sections in
the declaration on the third indent of Article 4(3) are therefore no longer in accordance
with the Criminal Code. The declaration should therefore be amended as follows:
Re Article 4(3), third indent Denmark declares, as far as it is concerned, that Article
4(3), third indent, applies only to the predicate offences in respect of which at
any time receiving stolen goods is punishable under Danish law (Section 290 of the
Criminal Code).
On signing the Convention, Denmark also made a declaration under Article 20(6) on
the conditions for pursuit:
Denmark declares that pursuit into Denmark over the borders from Sweden and Germany
may only take place on the following conditions:
- the Swedish and German authorities have the right to continue an ongoing pursuit
on Danish territory for a distance of up to 25 km from the border;
- the Swedish and German authorities do not have the right to apprehend persons in
Danish territory.
Denmark has also made declarations on Article 20 and Article 21. As those Articles
state that when depositing its instruments of adoption of the Convention, a Member
State may declare that it is not bound by that Article or by part thereof, we believe
that these declarations should be presented once again. The Danish declarations:
Re Article 20(4)(e) Denmark declares, as far as it is concerned, that pursuing customs
officers may carry their service weapons over the land border, unless Denmark has
expressly objected to this. Denmark also declares, as far as it is concerned, that
if the pursuit is continued into Danish territory by boat or aeroplane, the pursing
customs officers may not in principle carry their service weapons.
Re Article 20(8) Denmark declares that its accepts the provisions of Article 20, subject
to the following conditions:
In case of a hot pursuit exercised by the customs authorities of another Member State
at sea or through the air, such pursuit may be extended to Danish territory, including
Danish territorial waters and the airspace above Danish territory and territorial
waters, only if the competent Danish authorities have received prior notice thereof.
Re Article 21(3)(d) Denmark declares, as far as it is concerned, that customs officers
conducting cross-border observation may carry their service weapons over the land
border, unless Denmark has expressly objected to this.
Denmark also declares, as far as it is concerned, that if the observation is continued
into Danish territory by boat or aeroplane, the customs officers conducting the observation
may not in principle carry their service weapons.
Re Article 21(5) Denmark declares that it accepts the provisions of Article 21, subject
to the following conditions:
Cross-border surveillance without prior authorisation may be carried out only in accordance
with Article 21(2) and (3) if there are serious grounds for believing that the persons
under observation are involved in one of the infringements referred to in Article
19(2) which could give rise to extradition.
Re Article 23(5) Denmark declares that it is not bound by Article 23.
Re Article 26(4) and (5) Denmark declares that all Danish courts are entitled but
not obliged to request the Court of Justice to give a preliminary ruling on a question
raised in a case concerning the interpretation of the Convention, if the court concerned
considers that a decision on the question is necessary to enable it to give judgment.
Estonia
10-02-2005
1) according to Article 20 paragraph 2(a) of the Convention the pursuing officers
of another Member State shall not have the right to apprehend a person in the territory
of the Republic of Estonia ;
2) according to Article 20 paragraph 3 of the Convention the pursuit carried on as
from the crossing of its border shall be without limit in space or time ;
3) according to Article 20 paragraph 4(e) of the Convention the pursuing officers
may carry their service weapons on the basis of reciprocity ;
4) according to Article 26 paragraph 4 of the Convention a court of Estonia may request
the European Court of Justice to give a preliminary ruling on a question concerning
the interpretation of the Convention raised in a case pending before it, if that court
considers that a decision on that question is necessary to enable it to give judgement
;
5) according to Article 32 paragraph 4 of the Convention the Convention, with the
exception of Article 23 thereof, shall apply to its relations with Member States that
have made the same declaration ;
2. the Tax and Customs Board shall inform the depositary of the officers to whom Article
20 paragraph 1 and Article 21 paragraph 1 of the Convention apply ;
3. the designated authority referred to in Article 21 paragraph 1 of the Convention,
is the Tax and Customs Board.
Finland
27-05-2004
The government of the Republic of Finland also wishes to make the following statement:
Re Article 20 of the Convention:
Under Article 20 a pursuing officer has the right to apprehend in accordance with
Article 20(2)(b) and the right to pursuit applies in accordance with Article 20(3)(b)
without limits in space or time.
In addition, the government of the Republic of Finland wishes to make the following
declarations:
Re Article 26(4) and (5)(b) of the Convention:
Any Finnish court or tribunal may request the Court of Justice of the European Communities
to give a preliminary ruling in the situations referred to in the Article.
Re Article 32(4) of the Convention:
The Convention, with the exception of Article 26 thereof, shall apply until its entry
into force to Finland's relations with other Member States that have made a declaration
to the same effect.
France
11-08-2000
I. Declaration under Article 20:
The competent officers of the Member States may exercise the right of hot pursuit
in the territory of the French Republic within the meaning of Article 31 subject to
such limits of time or space (Article 20(3)(a)) as we agreed on the basis of reciprocity
(Article 20(6)). Under no circumstances will such officers have the right to apprehend
the person or persons pursued in the territory of the French Republic as referred
to above. Member States which, in accordance with Article 20(8), have declared that
they are not bound by that Article may not avail themselves of this authorisation.
II. Declaration under Article 23(5):
France declares that it is not bound by any of the provisions of Article 23 of the
Convention because of restrictions arising from its domestic legal order.
III. Declaration under Article 32(4):
France declares that it will implement the Convention in advance, with the exception
of Article 26 thereof, in its relations with Member States that have made a similar
declaration on the basis of Article 32(4).
25-07-2005
Intrekking van onderdeel II van de verklaring van 11 augustus 2000
Germany
12-11-2002
Article 20(6) (hot pursuit)
Competent officers of the Member States will exercise the right of pursuit on the
territory of the Federal Republic of Germany without any limit in space or time (Article
20(4)(b)) and will have the right to apprehend (Article 20(2)). Officers of Member
States which have fully excluded the application of this Article pursuant to paragraph
8 will not have that right.
Article 26 (ECJ's power to give a preliminary ruling)
Declaration No 9 (former No 10), Annex to the Convention The Federal Republic of Germany
shall be included in the text of the declarations.
The Federal Republic of Germany hereby makes the declaration pursuant to Article 26(5)(b).
Possibility for any court or tribunal to refer a matter to the Court of Justice of
the European Communities for a preliminary ruling.
The Federal Republic of Germany hereby makes the declaration regarding the requirement
for referral by courts or tribunals of last instance. The Federal Republic of Germany
declares, in accordance with Article 32(4) of the Convention, that, with the exception
of Article 26 thereof, that as far as the Federal Republic of Germany is concerned,
this Convention shall apply to its relations with Member States that have made the
same declaration.
Greece
20-06-2000
Declaration under Article 20(8) of Law 2772/99:
The Hellenic Republic states, pursuant to Article 20(8) (hot pursuit) of the Convention
on Mutual Assistance and Cooperation between Customs Administrations, that it is not
bound by the provisions of that Article.
Declaration under Article 21(5) of Law 2772/99:
The Hellenic Republic states, pursuant to Article 21(5) (cross-border surveillance)
of the Convention on Mutual Assistance and Cooperation between Customs Administrations,
that it is not bound by the provisions of that Article.
Declaration under Article 23(5) of Law 2772/99:
The Hellenic Republic states, pursuant to Article 23(5) (covert investigations) of
the Convention on Mutual Assistance and Cooperation between Customs Administrations,
that it is not bound by the provisions of that Article.
31-07-2008
In accordance with Article 32, paragraph 4 ('Entry into force') of the Convention on mutual assistance and cooperation between customs administrations, the Hellenic Republic declares that as far as it is concerned this Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration.
Hungary
25-11-2004
1. To paragraph 6 of Article 20
a) Pursuant to paragraph 2 of Article 20 :
Customs administrative officers to be specified pursuant to paragraph 1 of Article
20 of the Convention may not take other measures during the pursuit than apprehend
in accordance with the subparagraph b) of paragraph 2 of Article 20 of the Convention
on the territory of the Republic of Hungary.
b) Pursuant to paragraph 3 of Article 20 :
The pursuit will not be subject to any limit in space or time.
c) Pursuant to paragraph 4 of Article 20 :
The Republic of Hungary wishes to regulate the detailed conditions of the pursuit
in bilateral Agreements on prevention and suppression the cross-border crime with
the Member States of the European Union.
d) Pursuant to paragraph 8 of Article 20 :
Declarations of the Republic of Hungary made pursuant to paragraph 6 of Article 20
refer to those Member States, who do not exclude wholly or partly the application
of Article 20 pursuant its paragraph 8.
2. To paragraph 5 of Article 23 :
Pursuant to the application of covert investigation specified in Article 23, in the
territory of the Republic of Hungary besides the provisions of this Convention, the
bilateral Agreements on prevention and suppression of cross-border crime and ad hoc
Agreements referring to certain cases are applicable.
3. To paragraph 4 of Article 26
According to paragraph 2 of Article 35 of the Treaty on European Union, the Republic
of Hungary recognises the jurisdiction of the Court of the European Communities stated
in subparagraph b) of paragraph 3 of Article 35 of the Treaty on European Union.
4. To paragraph 4 of Article 32
The Republic of Hungary declares that, until the Convention enters into force, the
Convention shall apply to the Republic of Hungary in its relations with Member States
that have made the same declaration about the provisional application.
Ireland
30-03-2004
Declaration relating to Article 20 paragraph 6 of the Convention drawn up on the basis
of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation
between Customs Administrations
Ireland intends to make a declaration pursuant to Article 20 paragraph 8 when depositing
its instruments of adoption of the said Convention stating that it is not bound by
that Article; accordingly, there are no procedures to define on the basis of paragraphs
2, 3 and 4 of that Article for implementing pursuit in Ireland.
Declaration relating to Article 26 paragraph 4 and paragraph 5(a) of the Convention
drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance
and Cooperation between Customs Administrations
Any court or tribunal of Ireland agains whose decisions there is no judicial remedy
under national law may request the Court of Justice of the European Communities to
give a preliminary ruling on a question raised in a case pending before it and concerning
the interpretation of the said Convention if that court or tribunal considers that
a decision on the question is necessary to enable it to give judgement.
Ireland declares that:
- It is not bound by Article 20, or by any part thereof, of the Convention, drawn
up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance
and Cooperation between Customs Administrations, done at Brussels on 18 December 1997.
This Declaration is made pursuant to Article 20(8) of that Convention;
- it is not bound by Article 21, or by any part thereof, of the Convention, drawn
up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance
and Cooperation between Customs Administrations, done at Brussels on 18 December 1997.
This Declaration is made pursuant to Article 21(5) of that Convention;
- it is not bound by Article 23, or by any part thereof, of the Convention, drawn
up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance
and Cooperation between Customs Administrations, done at Brussels on 18 December 1997.
This Declaration is made pursuant to Article 23(5) of the Convention.
Declaration pursuant to Article 32 (4):
As far as Ireland is concerned the said Convention, with the exception of Article
26 thereof, shall apply to its relations with Member States that have made the same
declaration.
Italy
18-12-1997
Declaration by the Italian Republic under Article 20(6) of the Naples II Convention.
The competent officers of the Member States may exercise the right of hot pursuit
in the territory of the Italian Republic as referred to in Article 31 subject to such
limits of time and space as are agreed on the basis of reciprocity. Under no circumstances
will such officers have the right to apprehend the person or persons pursued in the
territory of the Italian Republic.
Officers of Member States which, pursuant to Article 20(8), have declared that they
are not bound by that Article shall not have the right of hot pursuit.
Declarations under Article 26:
Italy declares that it accepts the jurisdiction of the Court of Justice of the European
Communities to give preliminary rulings on the interpretation of this Convention on
the terms specified in Article 26(5)(b).
Italy declares that it reserves the right to make provision in its national law to
the effect that, where a question relating to the interpretation of the Convention
on mutual assistance and cooperation between customs administrations is raised in
a case pending before national court or tribunal against whose decision there is no
judicial remedy under national law, that court or tribunal will be required to refer
the matter to the Court of Justice of the European Communities.
Latvia
02-06-2004
In accordance with paragraph 5 of Article 21 of the Convention drawn up on the basis
of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation
between Customs Administrations, the Republic of Latvia declares that it is not bound
by this Article.
In accordance with paragraph 8 of Article 20 of the Convention drawn up on the basis
of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation
between Customs Administrations, the Republic of Latvia declares that it is not bound
by this Article.
In accordance with paragraph 5 of Article 23 of the Convention drawn up on the basis
of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation
between Customs Administrations, the Republic of Latvia declares that it is not bound
by this Article.
In accordance with paragraph 4 of Article 26 of the Convention drawn up on the basis
of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation
between Customs Administrations, the Republic of Latvia declares that it accepts the
jurisdiction of the Court of Justice of the European Communities to give preliminary
rulings on the interpretation of the Convention as specified in paragraph 5(a).
23-06-2009
Pursuant to Article 32 (4) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Mutual Assistance and Cooperation between Customs Administrations, signed at Brussels on 18 December 1997, the Republic of Latvia declares that as far as it is concerned this Convention, with the exception of Article 23 thereof, shall apply to its relations with Member States that have made the same declaration.
Lithuania
28-05-2004
Whereas, the Seimas of the Republic of Lithuania states that until consultations necessary
for the application of equivalent procedures have been held with other interested
Member States of the European Union, the Republic of Lithuania has no possibilities
to make a declaration specified in Article 20 (6) of the Convention.
Whereas, pursuant to Article 26 (4) of the Convention, the Seimas of the Republic
of Lithuania states that the Republic of Lithuania recognises that the Court of Justice
of the European Communities has jurisdiction, pursuant to the conditions laid down
in Article 26 (5)(b) of this Convention, to give preliminary rulings concerning the
interpretation of the Convention.
Whereas, pursuant to Article 33 (5) of the Convention, the Seimas of the Republic
of Lithuania states that in case this Convention has not entered into force by the
time of the deposit by the Republic of Lithuania of its instrument of accession, the
Convention, except for its Article 23, shall apply in respect of the relations of
the Republic of Lithuania with the other Member States of the European Union who have
made the same declaration.
Luxembourg
30-07-2001
1. As regards the border between the Grand Duchy of Luxembourg and the Kingdom of
Belgium, pursuit will be effected in accordance with the arrangements laid down in
Article 27 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal
Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, as regards the
infringements referred to in Article 19(2)(a), (b) and (d) of this Convention, and,
as regards the infringements referred to in Article 19(2)(c) of this Convention, in
accordance with the rules contained in Article 24 of the Convention on administrative
and judicial cooperation in the field of regulations relating to the achievement of
the objectives of the Benelux Economic Union of 29 April 1969 and the Additional Protocol
thereto containing specific provisions on taxation.
2. As regards the border between the Grand Duchy of Luxembourg and the Federal Republic
of Germany, pursuit by the officers referred to in Article 20(1) will be effected
in the territory of the Grand Duchy of Luxembourg in accordance with the following
arrangements: (a) officers will have the right to apprehend under the conditions laid
down in Article 20(2) and (5); (b) pursuit may be effected only within a 10-kilometre
radius of the border.
3. As regards the border between the Grand Duchy of Luxembourg and the French Republic,
pursuit by the officers referred to in Article 20 will be effected in the territory
of the Grand Duchy of Luxembourg in accordance with the following arrangements: (a)
officers will have no right to apprehend; (b) pursuit may be effected only within
a 10-kilometre radius of the border.
I would also inform you that the Luxembourg law approving the Convention contains
the following reservations:
Article 2. - The particular forms of cooperation provided for in Articles 21 to 24
of the Convention shall be subject to the agreement of the State Public Prosecutor
having territorial jurisdiction.
In the case of hot pursuit provided for in Article 20 of the Convention, the request
to cease the pursuit shall come from the State Public Prosecutor having territorial
jurisdiction.
Article 3. - The Grand Duchy of Luxembourg accepts the jurisdiction of the Court of
Justice of the European Communities in accordance with the arrangements laid down
in Article 26(5)(b) of the Convention.
The Grand Duchy of Luxembourg declares that it will apply in advance the Convention,
drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance
and Cooperation between Customs Administrations, with the exception of Article 26
thereof, in its relations with Member States which have made or make a similar declaration
on the basis of Article 32(4) of the Convention.
Malta
13-07-2007
In accordance with Article 30 of the Convention Malta opts out of the provisions on "hot pursuit" (Article 20), cross-border surveillance (Article 21) and covert investigations (Article 23).
15-05-2008
Malta declares that as far as it is concerned and until this Convention enters into force, the said Convention with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same Declaration under Article 32(4).
Netherlands, the Kingdom of the
31-01-2001
(1) Declaration, within the meaning of Article 20(6) of the Convention on Mutual Assistance
and Cooperation between Customs Administrations, relating to the common border of
the Kingdom of the Netherlands with the Kingdom of Belgium.
On Netherlands territory the competent officers of the Kingdom of Belgium will exercise
the right of pursuit, as regards application of the right to apprehend, the territorial
scope thereof and the events concerning which that right may be applied: with regard
to the infringements referred to in Article 19(2)(a), (b) and (d) of this Convention,
in accordance with the relevant provisions of Article 27 of the Benelux Treaty on
Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended
by the Protocol of 11 May 1974; with regard to the infringements referred to in Article
19(2)(c) of this Convention, in accordance with the relevant provisions of Article
24 of the Convention on administrative and judicial cooperation in the field of regulations
relating to the achievement of the objectives of the Benelux Economic Union of 29
April 1969 and of the Additional Protocol thereto containing specific provisions on
taxation, insofar as these are compatible with Article 20 of this Convention.
(2) Declaration, within the meaning of Article 20(6) of the Convention on Mutual Assistance
and Cooperation between Customs Administrations, relating to the common border of
the Kingdom of the Netherlands with the Federal Republic of Germany.
On Netherlands territory the competent officers of the Federal Republic of Germany
will exercise the right of pursuit within an area 10 kilometres wide parallel to the
common border, where they may apprehend the person pursued on the public highway and
in public places if he is subject to suspicion in respect of one of the infringements
referred to in Article 19(2) which could give rise to extradition.
(1) Declaration pursuant to Article 26(5)(b) : The Netherlands declares that it accepts
the authority of the Court of Justice of the European Community to give a preliminary
ruling, at the request of any court or tribunal of the Netherlands, on a question
concerning the interpretation of the Convention raised in a case pending before it,
if that court or tribunal considers that a decision on the question is necessary to
enable it to give judgement.
(2) Declaration pursuant to Article 32(4) : The Netherlands declares that, until the
Convention enters into force, the Convention shall apply to the Netherlands, with
the exception of Article 26 thereof, in its relations with Member States that have
made the same declaration.
Reservation: In accordance with Article 10(9) the Kingdom of the Netherlands declares
that the first subparagraph of Article 10(9) will not be applied.
Declarations: 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.
Poland
04-11-2005
Declaration pursuant to Article 20(8) (hot pursuit):
The Republic of Poland declares that Article 20 of this Convention shall not bind
the Republic of Poland.
Declarations pursuant to Article 21(5) (cross-border surveillance):
The Republic of Poland declares that Article 21 of this Convention can be applied
by the competent authorities of other Member States in respect of the Republic of
Poland in accordance with the principle of reciprocity.
The Republic of Poland also declares that officers of the competent authorities of
Member States may carry their service weapons into the territory of the Republic of
Poland but may use them only in cases of legitimate self-defence, as laid down in
Article 25 of the Law of 6 June 1997 - Penal Code (O.J. of 1997, No 88, item 553,
as amended).
The Republic of Poland declares that Article 21(3)(d) of this Convention can be applied
by the competent authorities of other Member States in respect of the Republic of
Poland in accordance with the principle of reciprocity.
Declaration pursuant to Article 23(5) (covert investigations):
The Republic of Poland declares that Article 23 of this Convention can be applied
by the competent authorities of other Member States in respect of the Republic of
Poland in accordance with the principle of reciprocity.
Declaration pursuant to Article 26(4):
The Republic of Poland declares that it will submit the declaration referred to in
Article 26(4) at a later date.
Declaration pursuant to Article 32(4):
The Republic of Poland declares that it will apply the Convention, with the exception
of Article 26 thereof, in its relations with Member States that have made the same
declaration.
Portugal
19-07-2004
1 In accordance with Article 20(6) of the Convention, the Portuguese Republic declares
that officers of the customs administrations of Member States may continue pursuit
in the territory of the Portuguese Republic subject to the following conditions:
a) the pursuing officers may not arrest the pursued person;
(b) the pursuit can be completed up to 50 km from the border or for two hours.
2 In accordance with Article 26(4) of the Convention, the Portuguese Republic declares
that:
(a) it accepts the jurisdiction of the Court of Justice of the European Communities
to give preliminary rulings on the interpretation of the Convention;
(b) to that end, in accordance with the rules set out in Article 26(5)(b), any national
court or tribunal may submit to the Court of Justice a question raised in a case pending
before it and concerning the interpretation of the Convention if that court or tribunal
considers that a decision on the question is necessary to enable it to give judgment.
3 In accordance with Article 32(4) of the Convention, the Portuguese Republic declares
that the present Convention, with the exception of Article 26 thereof, shall apply
to its relations with Member States that have made the same declaration.
Slovakia
11-05-2004
Re Articles 1 (2) and 3 (2):
The Slovak Republic declares that the term "judicial authority" for the purpose of
this Convention in the Slovak Republic means the Ministry of Justice, General Prosecutor
Office, all courts and prosecutor offices regardless of its designation.
Re Article 20 (1):
The Slovak Republic informs depository of the following: Officers carrying out hot
pursuit under conditions of Article 20 (1) means customs officers of Customs Administration.
Re Article 20 (6):
The Slovak Republic informs that since consultations to be held with respective Member
States with a view to obtaining equivalent arrangements in those States have not yet
taken place, it is unable to make the declaration referred to in Article 20 (6) concerning
procedures for implementing pursuit in its territory. Slovak Republic will make declaration
after conducting consultations with respective Member States.
Re Article 20 (8):
The Slovak Republic declares that it accepts the provisions of Article 20 subject
to the following conditions: in a case of a hot cross-border pursuit exercised by
the customs authorities of another Member State or through the airspace, such pursuit
may be extended in the Slovak territory, including the airspace above Slovak territory,
only if the competent Slovak authorities have given prior consent thereof and at the
same time the Member States exercise reciprocal measures to customs administration
of the Slovak Republic.
Re Article 21 (1):
Officers, under conditions of this Article, are in the Slovak Republic officers of
the Special Unit of the Police Force - or Customs Administration of the Slovak Republic.
Authority designated for this purpose in the Slovak Republic is Customs Directorate
of the Slovak Republic, Customs Criminal Office - Central Coordinating Unit.
Re Article 21 (5):
The Slovak Republic declares that it accepts provisions of Article 21 subject to the
following conditions: cross - border surveillance without prior autorisation may be
carried out only in accordance with Article 21 (2) and (3) if there are serious grounds
for suspicion that the persons under observation are involved in one of the infringements
referred to in Article 19 (2), which could give rise to extradition and the same time
Members States exercise reciprocal measures to Customs Authorities of the Slovak Republic.
Declaration to Article 21(1):
The Slovak Republic declares, that the second sentence of the declaration to Article
21(1) shall be replaced by the following : "Authority designated for this purpose
in the Slovak Republic is Customs Criminal Office - Central Coordinating Unit".
Declaration to Article 26(4):
The Slovak Republic declares, in accordance with Article 26(4), that it accepts the
jurisdiction of the Court of Justice of the European Communities to give preliminary
rulings on the interpretation of this convention pursuant to Article 26(5)(a), which
means, that any court or tribunal against whose decision there is no judicial remedy
under national law may request the Court of Justice of the European Communities to
give a preliminary rulings on a question raised in a case pending before it and concerning
the interpretation of Convention on mutual assistance and cooperation between customs
administration if that court or tribunal considers that a decision on the question
is necessary to enable it to give judgement.
Declaration to Article 32(4):
The Slovak Republic declares, in terms of Article 32 paragraph 4 that it will apply
the Convention, with the exception of Article 26 thereof, in its relations with Member
States that have made the same declaration.
Slovenia
08-07-2004
Pursuant to Article 20, paragraph 8 of the Convention, Slovenia declares that it is
not bound by Article 20.
Pursuant to Article 21, paragraph 5, Slovenia declares that it is not bound by Article
21.
Pursuant to Article 23, paragraph 5, Slovenia declares that it is not bound by Article
23.
Pursuant to Article 26, paragraph 4, Slovenia accepts the jurisdiction of the Court
of Justice of the European Communities to give preliminary rulings on the interpretation
of this Convention as specified in paragraph 5(a).
Pursuant to Article 32, paragraph 4, Slovenia declares that as far as it is concerned
this Convention, with the exception of Article 26 thereof, shall apply to its relations
with Member States that have made the same declaration.
Spain
31-01-2001
The Kingdom of Spain states that, since the prior consultations to be held with each
of the Member States concerned with a view to obtaining equivalent arrangements in
those States have not taken place, it is unable to make the declaration referred to
in Article 20(6) concerning procedures for implementing pursuit in its territory.
It therefore urges the Presidency to take the appropriate steps for such consultations
to be held as soon as possible, thus enabling the Member States to make the aforementioned
declaration.
In connection with the adoption of the Convention on Mutual Assistance and Cooperation
between Customs Administrations, Spain makes the following declarations:
Re Article 26 : In accordance with Article 26(4), Spain declares that it accepts the
jurisdiction of the Court of Justice of the European Communities to give preliminary
rulings on the interpretation of this convention as specified in Article 26(5)(a).
Spain reserves the right to provide that when the question arises before any of its
courts or tribunals against the decisions there is no judicial remedy under national
law, that court or tribunal will be obliged to refer the matter to the Court of Justice
of the European Communities.
Re Article 32 : In accordance with Article 32(4) Spain declares that until it enters
into force this convention, with the exception of Article 26 thereof, shall apply
to its relations with those Member States that have made the same declaration. This
declaration shall take effect ninety days after the date on which it is deposited.
The President of the Congress of Deputies has stated that, on 30 April 2003, the Congress
of Deputies granted its consent for Spain to agree to the obligations arising from
the declarations provided for under Articles 5(1), 20(1), 20(6) and 21(1), second
and fifth subparagraphs, of the Convention, drawn up on the basis of Article K.3 of
the Treaty on European Union, on Mutual Assistance and Cooperation between Customs
Administrations, signed in Brussels on 18 December 1997. Similarly, on 10 June 2003
the Senate granted its consent for Spain to be bound by the aforementioned declarations.
Sweden
18-12-1997
In connection with the signing of the Convention on Mutual Assistance and Cooperation
between Customs Administrations, Sweden states, with reference to Article 20(6), that
the provisions in paragraphs 2, 3 and 4 of that Article will be implemented in the
following way:
As regards Articles 20(3), point (b) will apply.
26-01-2001
In connection with the adoption of the Convention on Mutual Assistance and Cooperation
between Customs Administrations, Sweden makes the following declarations :
With reference to Article 23(5) of the Customs Cooperation Convention, Sweden does
not intend to apply the covert investigation form of cooperation, With reference to
Article 26(5)(b) of the Customs Cooperation Convention, all Swedish courts or tribunals
are entitled to obtain a preliminary ruling on the interpretation of the Convention
to the extent necessary for a decision in a case or on a matter,
With reference to Article 32(4) of the Customs Cooperation Convention, until the Convention
enters into force, it shall, with the exception of Article 26 thereof, apply to Sweden's
relations with States that have made the same declaration.
United Kingdom
07-03-2002
The United Kingdom declares that:
- Article 20 of this Convention does not bind it;
- weapons may never be carried into its territory for the purposes of Article 21 of
this Convention;
- with the exception of Article 26 thereof, the Convention shall in terms as hereby
notified by the United Kingdom apply to its relations with Member States that have
made a declaration under Article 32(4).