Overeenkomst, opgesteld op grond van Artikel K.3 van het Verdrag betreffende de Europese Unie, aangaande de bescherming van de financiële belangen van de Europese Gemeenschappen
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Bulgarije | Ja | Nee |
Denemarken | Ja | Nee |
Duitsland | Ja | Nee |
Finland | Ja | Nee |
Frankrijk | Ja | Nee |
Griekenland | Ja | Nee |
Italië | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Oostenrijk | Ja | Nee |
Slovenië | Ja | Nee |
Slowakije | Ja | Nee |
Verenigd Koninkrijk | Ja | Nee |
Zweden | Ja | Nee |
Bulgarije
06-03-2007
With reference to Article 8, paragraph 1 of the Convention the Republic of Bulgaria expresses its consent that disputes between Member States on the interpretation and application of the Convention shall be referred to the Court of Justice of the European Communities.
Denemarken
02-10-2000
With reference to Article 7(2)(a) to (c), Denmark shall not be bound by Article 7(1)
in the cases listed in Article 7(2)(a), (b) and (c). As regards the acts listed in
Article 7(2)(b), this declaration covers offences under Chapter 12 (Offences against
the independence and safety of the State), Chapter 13 (Offences against the Constitution
and the supreme authorities of the State) and Chapter 14 (Offences against public
authority) of the Danish Criminal Code, and offences which may be similarly categorised.
Denmark understands Article 7(2)(b) inter alia to include acts described in §8(1)
of the Danish Criminal Code. Furthermore, Denmark interprets Article 7 as only applying
to the ability to impose punishment, not the ability to deprive someone of their rights.
The Faroe Islands and Greenland are not covered by the Convention for the time being.
Duitsland
24-11-1998
The Federal Republic of Germany is not bound by Article 7(1) if the act which was the subject of the judgement rendered abroad took place entirely or partly on its territory, unless the act took place partly on the territory of the Member State where the judgement was rendered.
Finland
18-12-1998
Article 7(1) does not bind Finland in the cases mentioned in Article 7(2)(a) to (c).
Frankrijk
04-08-2000
Pursuant to Article 4(2):
Where the offences covered by Article 1 and Article 2(1) of this convention are committed
outside the territory of the French republic, France states, in accordance with the
provisions of Article 4(2), that charges for such offences may be brought against
the persons listed in Article 4(1), third indent, only at the request of the public
prosecutor. Prosecution must be preceded by a complaint by the victim or by his legal
successor(s) or by official denunciation of the offence by the authorities of the
country in which it was committed.
Griekenland
26-07-2000
In accordance with Article 7(2) of the Convention, Greece will not be bound by paragraph 1 of the Article in the cases referred to in subparagraphs (b) and (c) of Article 7(2) of the Convention drawn up on the basis of Article K.3. of the Treaty on European Union on the protection of the European Communities' financial interests.
Italië
19-07-2002
In relation to Article 7(2) of the Convention on the protection of the European Communities' financial interests, done at Brussels on 26 July 1995, Italy declares that it shall not be bound by Article 7(1) in respect of the cases described in Article 7(2) (a),(b) and (c).
Nederlanden, het Koninkrijk der
08-10-2010
Reservation in respect of Article 6 of the Convention:
The Government of the Netherlands, for the Caribbean part of the Netherlands (the
islands of Bonaire, Sint Eustatius and Saba), declares that with regard to Article
6(1), jurisdiction may be exercised by the Netherlands in the following cases:
(a) where the offence is committed in whole or in part within the territory of the
Caribbean part of the Netherlands;
(b) in respect of the offence punishable under Article 2, with regard to Netherlands
officials and also with regard to Netherlands nationals who are not Netherlands officials,
insofar as it is punishable under the law of the country where it was committed, in
respect of the offences punishable under Articles 3 and 4, with re gard to both Netherlands
nationals and Netherlands officials, insofar as the relevant offence is punishable
under the law of the country where it was committed;
(c) with regard to Netherlands nationals, insofar as the offence is punishable under
the 1aw of the country where it was committed,
As regards the Caribbean part of the Netherlands, the competence of the Court of Justice
to give preliminary rulings under the Protocol drawn up in Brussels on 29 November
1996 not only relates to the Convention drawn up in Brussels on 26 July 1995 but also
to the Protocol drawn up in Dublin on 27 September 1996.
Oostenrijk
21-05-1999
Pursuant to Article 7(2) of the Convention, the Republic of Austria hereby declares that it is not bound by Article 7(1) of the Convention in the following cases: (a) if the facts which were the subject of the judgment rendered took place on its own territory either in whole or in part; in the latter case, this exception shall not apply if those facts took place partly on the territory of the Member State where the judgment was rendered; (b) if the facts which were the subject of the judgment rendered abroad constitute one of the following offences: Exploitation of a business or industrial secret in favour of foreign interests (Article 124 of the Penal Code) High treason and preparations to that end (Arts 242 and 244 of the Penal Code) Subversive links (Art. 246 of the Penal Code) Debasing the State and its image (Art. 248 of the Penal Code) Attacks on supreme organs of the State (Arts 249 to 251 of the Penal Code) Treason (Arts 252 to 258 of the Penal Code) Punishable acts committed against the armed forces of the State (Arts 259 and 260 of the Penal Code) Punishable acts committed against an Austrian official (Art. 74, fourth line of the Penal Code) in the performance of his duties, or by virtue thereof Offences against the Foreign Trade Law and Offences against the War Materials Law; c) if the facts which were the subject of the foreign judgment rendered were committed by an Austrian official (Art. 74, fourth line of the Penal Code) contrary to his official duties.
Slovenië
17-04-2007
In relation to Article 7(1) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests, the Republic of Slovenia declares that it shall not be bound by Article 7(1) in respect of those cases referred to in Article 7(2)(b) of the Convention.
Slowakije
30-09-2004
The Slovak Republic declares that it shall not be bound by art.7 (2) of the Convention, if the acts, which were the subject to the judgement issued abroad, are crimes against security or another equally fundamental interest of the Slovak Republic.
Verenigd Koninkrijk
11-10-1999
United Kingdom will not apply the rule laid down in the third indent of Article 4, paragraph 1.
Zweden
10-06-1999
(...) in accordance with Article7(2)(a) and (b) of the Convention, (...) Sweden will be able to bring proceedings against a person who has been convicted of the same offence in another State which is a member of the European Union if the offence was: (a) wholly or partly committed on Swedish territory, or (b) directed against Sweden's security or other equally essential interests of Sweden.