Verdrag

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.

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