Protocol, opgesteld op grond van Artikel K.3 van het Verdrag betreffende de Europese Unie, bij de Overeenkomst aangaande de bescherming van de financiële belangen van de Europese Gemeenschappen

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Denemarken	Ja	Nee
Finland	Ja	Nee
Frankrijk	Ja	Nee
Ierland	Ja	Nee
Italië	Ja	Nee
Litouwen	Ja	Nee
Luxemburg	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Oostenrijk	Ja	Nee
Polen	Ja	Nee
Portugal	Ja	Nee
Slowakije	Ja	Nee
Verenigd Koninkrijk	Ja	Nee
Zweden	Ja	Nee

Denemarken

02-10-2000

With reference to Article 6(2), the reservation is made that in the circumstances described in the first phrase of Article 6(1)(b), Denmark may make Danish jurisdiction conditional on the offence also being punishable under the legislation of the country in which the offence was committed (double criminality).

Finland

18-12-1998

1. Finland applies the rules laid down in Article 6(1)(b) of the Protocol in respect of its own nationals in accordance with Chapter 1(11) of the Finnish criminal code only if the offence is also punishable under the law of the place where the offence was committed and if this could also be considered a punishable offence before a court of the foreign state. No stricter penalties may be imposed in Finland than those prescribed under the law of the place of the offence.
2. Finland does not apply the rules as laid down in Article 6(1)(c) and (d) of the Protocol.

Frankrijk

04-08-2000

Pursuant to Article 6(2): Where the offences covered by Articles 2, 3 and 4 of this protocol are committed outside the territory of the French republic, France states, in accordance with the provisions of Article 6(2), that charges for such offences may be brought against the persons listed in Article 6(1)(b), (c) and (d) 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.

Ierland

03-06-2002

Declaration made on behalf of Ireland on 29 November 1996, pursuant to Article 2.1 of the said Protocol that Ireland accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention on the Protection of the European Communities financial interests and the First Protocol to that Convention under the conditions specified in Article 2.2 (a) of the said Protocol.

Italië

19-07-2002

In relation to Article 6(2) of the first Protocol to the Convention on the protection of the Communities' financial interests, done at Dublin on 27 September 1996, Italy declares that it will apply the jurisdiction rules laid down in Article 6(1)(a) and (d) of that Protocol without reservation, while it will apply the rules under Article 6(1)(b) and (c) in accordance with the conditions currently specified in Articles 7, 9 and 10 of the Italian Penal Code.

Litouwen

28-05-2004

And whereas, pursuant to paragraph 1 of Article 2 of the Protocol adopted on 29 November 1996, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania recognizes the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention and the Protocol adopted on 27 of September 1996 pursuant to the conditions specified in subparagraph b of paragraph 2 of Article 2.
And whereas, pursuant to paragraph 2 of Article 6 of the Protocol adopted on 27 September 1996 the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not apply the jurisdiction rules provided for in subparagraphs c and d of paragraph 1 of Article 6 of this Protocol.

Luxemburg

17-05-2001

The Grand Duchy of Luxembourg hereby declares that, saving the cases covered by Article 6(1)(a) of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests, it will apply the jurisdiction rules referred to in Article 6(1)(b), (c) and (d) of that Protocol only if the offender is a Luxembourg national.

Nederlanden, het Koninkrijk der

28-03-2002

Reservation in respect of Article 6:
The Netherlands Government 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 Netherlands territory;
(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 regard 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 law of the country where it was committed;
(d) with regard to public servants working for a European Community institution which has its headquarters in the Netherlands or for a body set up in accordance with the Treaties establishing the European Communities which has its headquarters in the Netherlands, insofar as the offence is punishable under the law of the country where it was committed.
I would also inform you that as regards the Netherlands, acceptance of this Protocol means that the competence of the Court of Justice to give preliminary rulings under the Protocol drawn up in Brussels on 29 November 1996 no longer needs to be limited to the Convention drawn up in Brussels on 26 July 1995 but can also relate to the Protocol drawn up in Dublin on 27 September 1996.

08-10-2010

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 6(2) of the Protocol, the Republic of Austria hereby declares that it shall be bound by Article 6(1)(b) of the Protocol in respect of offences committed by its nationals only if the acts are also punishable in the country in which they were committed.

Polen

09-09-2008

The Republic of Poland declares that if an offence is committed outside its territory by a Community official who is a foreign national, it will apply the jurisdiction rule laid down in Article 6(1)(d) solely when the official is present on its territory, and provided that it has not been decided that he or she should be extradited.

Portugal

15-01-2001

(a) It will apply the jurisdiction rule in Article 6(1)(b) of the Protocol only if: - the offender is discovered in Portugal; - the acts committed are also punishable under the legislation of the place in which they were carried out, unless punitive powers are not exercised in that place; they additionally constitute extraditable crimes and extradition cannot be granted; (b) it will not apply the jurisdiction rule in Article 6(1)(b) of the Protocol if the offender does not have Portuguese nationality, even if for criminal purposes he has to be considered an official under Portuguese domestic law; c) it will not apply the jurisdiction rules in Article 6(1)(c) and (d) of the Protocol.

Slowakije

30-09-2004

The Slovak Republic declares that it shall not apply the rule according to the art.6 .1 (c) of the Protocol.

Verenigd Koninkrijk

11-10-1999

The United Kingdom will not apply the jurisdiction rules laid down in paragraph 1(b), (c) and (d) of Article 6.

Zweden

10-06-1999

(...) in accordance with Article 6(2) of the Protocol (...): (a) Sweden does not intend to exercise jurisdiction in cases where the offence was committed against a Community official referred to in Article 1 or against a member of one of the institutions referred to in Article 4(2) who is at the same time a national of Sweden (Article 6(1)(c)), and (b) Sweden does not intend to exercise jurisdiction in cases where the offender is a Community official working for an institution or body which has its headquarters in Sweden (Article 6(1)(d)).