Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Armenia

23-03-2004

According to Article 8, paragraph 2, of the Protocol, the Republic of Armenia declares that:
a) accepting the Chapter I, Armenia will not make the execution of letters rogatory for search or seizure of property;
b) Armenia does not accept Chapter II.

Austria

06-09-1994

According to Article 8, paragraph 2 of the Protocol, the Republic of Austria declares to accept Chapter I only in respect of offences in connection with taxes, duties and customs.
On the grounds of the Austrian reservation to Article 2, paragraph b. of the Convention and with a view to Article 8, paragraph 1, of the Protocol, the Republic of Austria declares that mutual assistance according to Chapter I of the Protocol will be granted only under the condition that - in conformity with Austrian legislation on secrecy - information and evidence received by way of mutual assistance will only be used in the criminal proceedings for which mutual assistance was requested and in directly related proceedings in respect of offences in connection with taxes, duties and customs.

09-02-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Austria, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Austria in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, Austria avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Austria shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in Austria is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Austria declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Austria furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, Austria declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Austria, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only after prior notification to the Ministry of Justice and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Azerbaijan

04-07-2003

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
In accordance with Article 8, paragraph 2, of the Protocol, the Republic of Azerbaijan reserves the right to accept Chapter I only in respect of acts which are offences under the criminal legislation of the Republic of Azerbaijan, and not to accept Chapters II and III.

Belgium

16-02-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Kingdom of Belgium, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Belgium in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Kingdom of Belgium avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Kingdom of Belgium shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Kingdom of Belgium is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Belgium declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Belgium furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the federal public service Justice (Ministry of Justice) of the Kingdom of Belgium.
In accordance with Article 33(2) of the Second Additional Protocol, the Kingdom of Belgium declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Kingdom of Belgium, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the Federal Prosecutor’s Office of the Kingdom of Belgium and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Bulgaria

17-06-1994

The Republic of Bulgaria declares that it accepts Chapter I only in respect of acts which are offences under Bulgarian criminal law.

Chile

30-05-2011

Date updating of contact information: 08-01-2018

The Republic of Chile declares, for the purposes of Article 3, letter b, of the Additional Protocol, that requests for mutual assistance shall be addressed to the Public Prosecution of Chile, Unit of International Cooperation and Extradition of the National Prosecution (Unidad de Cooperación Internacional y Extradiciones de la Fiscalía Nacional del Ministerio Público).

Cyprus

27-04-2023

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Cyprus, in its capacity as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Cyprus, in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Cyprus avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Cyprus shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Republic of Cyprus is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judiciary requesting authority acting in accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judiciary authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol, in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Cyprus declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Cyprus furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice and Public Order.
In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Cyprus declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Republic of Cyprus, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the Attorney General of the Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Czech Republic

19-11-1996

In compliance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters and Article 8 of its Additional Protocol, I declare that, for the purposes of the Convention and its Additional Protocol, the following authorities shall be considered as judicial authorities: the Office of the Supreme Prosecutor of the Czech Republic, the Regional and District Offices of the Prosecutors, the Town Prosecutor's Office in Prague, the Ministry of Justice of the Czech Republic, the Regional and District Courts and the Town Court in Prague.

04-03-2021

In accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), the Czech Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Czech Republic in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Czech Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Czech Republic shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Czech Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention (as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol) in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), the Czech Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office (and the declaration made in accordance with Article 15, paragraph 6, of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention) shall not apply in the case of the European Public Prosecutor’s Office). Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), the Czech Republic furthermore declares, for the European part of the Netherlands, that applications in accordance with Article 11 of the Convention (as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11), initiated by one of the European Delegated Prosecutors located in the Czech Republic, shall be transmitted by the Supreme Prosecutor’s Office of the Czech Republic.
In accordance with Article 33(2) of the Second Additional Protocol, the Czech Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Czech Republic, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the Supreme Prosecutor’s Office of the Czech Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Estonia

07-11-2023

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Estonia, in its capacity as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Estonia, in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Estonia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Estonia shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Republic of Estonia is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judiciary requesting authority acting in accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judiciary authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol, in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Estonia declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Estonia furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Estonia declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Republic of Estonia, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the Attorney General of the Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Finland

16-03-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Finland, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 3 / 5 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Finland in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Finland avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Finland shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in Finland is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Finland declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Finland furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, Finland declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Finland, act in the capacity of competent authority in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Finland and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

France

01-02-1991

The Government of the French Republic declares that the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters shall apply to European and Overseas Departments of the French Republic.

27-05-2021

In accordance with Article 25 of the European Convention on Mutual Assistance in Criminal Matters, ratified by France on 23 May 1967, and in relation with its two additional protocols, ratified by France, respectively, on 1 February 1991 (ETS No. 99) and on 6 February 2012 (ETS No. 182), France declares what follows:
In replacement of the declarations made on 23 May 1967, 1st February 1991 and 6 February 2012, the Government of the French Republic declares that, with regards to France, the Convention and its first and second additional Protocols apply to the entire territory of the Republic.

01-06-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), France, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declaration made by France in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, France avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by France shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in France is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, France declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, France furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, France declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of France, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of the French Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.
The Government of the French Republic specifies that these declarations are only applicable from the date set by the European Commission in application of Article 120 (2), subparagraph 3, of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation concerning the creation of the European Public Prosecutor's Office.

Georgia

22-05-2003

Georgia declares, that until the full jurisdiction of Georgia is restored on the territories of Abkhazia and Tskhinvali Region, it cannot be held responsible for the violations on these territories of the provisions of Additional Protocol.
In accordance with Article 8, paragraph 2. a of the Protocol, Georgia declares that it will execute the requests in respect of fiscal offences only dependant on the condition that the offence or its punishment is known to the Georgian legislation; herewith, Georgia reserves the right not to execute letters rogatory for search and seizure of property in respect of fiscal offences.
In respect with Article 8, paragraph 2. b of the Protocol, Georgia reserves itself the right not to accept the binding force of the provisions of Chapter II.

Germany

08-03-1991

Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory of any kind in proceedings concerning contraventions of regulations governing international transfer of capital and payments, dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts.
Regarding Article 2 of the Additional Protocol, the Federal Republic of Germany, in accordance with Article 8(2)(a), reserves the right to make the execution of letters rogatory for search or seizure of property in respect of other fiscal offences dependant on the condition that the offence motivating the letters rogatory is punishable under German law as well, or would be so punishable after analogous conversion of the facts.
Regarding Article 8 of the Additional Protocol, the Federal Republic of Germany proceeds on the understanding that under the scope of application of the Convention, as extended by the Additional Protocol, there is no obligation to render assistance in the event that the effort and expenses to be expected in executing the letters rogatory are disproportionate to the subject-matter and execution could thus prejudice essential German interests.

19-03-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, Germany, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Germany in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, Germany avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Germany shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in Germany is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and that the declaration made by Germany in accordance with Article 15.8.b and d of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the German European Delegated Prosecutor's Office(s) in Germany. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Germany furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by the German European Delegated Prosecutors, shall be transmitted by the Federal Office of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, Germany declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Germany, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Germany and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Greece

05-07-2023

In accordance with Article 24 of the Convention, the Hellenic Republic as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939.
With reference to this declaration made in accordance with Article 24 of the Convention, the Hellenic Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its 1978 Additional Protocol refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its 1978 Additional Protocol refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its 1978 Additional Protocol provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Hellenic Republic shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Hellenic Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judiciary requesting authority acting in accordance with Article 24 of the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its 1978 Additional Protocol.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judiciary authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, the Hellenic Republic declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, the Hellenic Republic furthermore declares that applications in accordance with Article 11 of the Convention, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.

Ireland

28-11-1996

In accordance with Article 8, paragraph 2, the Government of Ireland reserves the right not to accept Chapters II and III.

Italy

26-11-1985

In accordance with Article 8 of the Protocol, Italy confirms the declaration made by virtue of Article 24 of the Convention and requests to add to the list of Italian judicial authorities:
- the post-sentencing judge;
- the post-sentencing section.

21-02-2022

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention the Italian Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Italian Republic in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Italian Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Italian Republic shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Italian Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) as a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Italian Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Italian Republic furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the said State.
In accordance with Article 33(2) of the Second Additional Protocol, the Italian Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Italian Republic, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Latvia

23-12-2021

In accordance with Article 24 of the European Convention […], done at Strasbourg, on 20 April 1959, as amended by Article 6 of the Second Additional Protocol to the European Convention[…], done at Strasbourg on 8 November 2001, the Republic of Latvia, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be the judicial authority for the purpose of receipt of information in accordance with Articles 22, 23 and 25 of the Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Latvia in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Latvia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member Stale of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of Regulation (EU) 2017/1939.
c) Where the Convention or its protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Latvia shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Republic of Latvia is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the European Convention […], done at Strasbourg on 20 April 1959, as amended by Article 4 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 8 November 2001, the Republic of Latvia declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office (“EPPO”) and the declaration made in accordance with Article 15 (6) of the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor’s Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.


In accordance with Article 15, paragraph 6, of the European Convention […], done at Strasbourg on 20 April 1959, as amended by Article 4 of the Second Additional Protocol to the European Convention [..], done at Strasbourg on 8 November 2001, the Republic of Latvia declares that requests for assistance shall be sent through:
State Police of the Republic of Latvia – during pre-trial criminal proceedings until commencement of criminal prosecution
[…]
General Prosecutors Office – during pre-trial criminal proceedings
[…]
The Ministry of Justice – during the trial
[…]

Lithuania

07-09-2021

Declarations of the Republic of Lithuania relating to the competence of the European Public Prosecutor’s Office
1. Seeking to supplement the declarations made by the Republic of Lithuania in accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (hereinafter: the ‘Convention’) under Resolution No 1-838 of the Seimas of the Republic of Lithuania of 4 April 1995 on the Ratification of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and having regard to Article 104 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office, the Seimas declares that:
1) the European Public Prosecutor’s Office, in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party, information or evidence which the European Public Prosecutor’s Office has obtained already or may obtain following the initiation of an investigation in the area of its competence.
2) the European Public Prosecutor’s Office shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939.
2. In accordance with Article 15 of the Convention, the Seimas declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor’s Office(s) of that Member State. The European Public Prosecutor’s Office shall, where appropriate, forward the request referred to in this paragraph to the competent national authorities if the European Public Prosecutor's Office either docs not have or is not exercising its competence in a particular case.
3. In accordance with Article 15 of the Convention, the Seimas furthermore declares that applications in accordance with Article 11 of the Convention, initiated by one of the European Delegated Prosecutors in the Republic of Lithuania, shall be transmitted by the Prosecutor General’s Office of the Republic of Lithuania.
Legal effects of a declaration of the Republic of Lithuania in accordance with Article 24 of the Convention
With reference to a declaration made in accordance with Article 24 of the Convention, the Republic of Lithuania avails itself of the opportunity to interpret the legal effects of that declaration as follows:
1) Where the Convention or its protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member Stale of the competent European Delegated Prosecutor whose powers and functions arc referred to in Article 13 of Council Regulation (EU) 2017/1939.
2) Where the Convention or its protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law. in particular Council Regulation (EU) 2017/1939. as well as to the national law of the EU Member State to the extent applicable in accordance with Article 5(3) of Regulation (EU) 2017/1939.
3) Where the Convention or its protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Lithuania shall be deemed applicable in ease of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Republic of Lithuania is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
4) As a judicial requesting authority acting in accordance with Article 24 of the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its protocols.
5) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention in respect of the judicial authorities of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

Luxembourg

02-10-2000

In accordance with the provisions of Article 8, paragraph 2, sub-paragraph a, the Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I of this Protocol only if the criminal fiscal offence constitutes a tax fraud within the meaning of paragraph 396, sub-paragraph 5, of the General Law on Taxes, or of paragraph 29, sub-paragraph 1, of the Law of 28 January 1948 aiming to ensure the correct and fair collection of registration and succession rights.
The Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I only under the express condition that results of investigations made in Luxembourg and informations contained in transmitted documents or files will exclusively be used to instruct and judge the criminal offences for which the assistance is provided.
Concerning Article 8, the Government of the Grand Duchy of Luxembourg considers that the Convention as it is extended by this Protocol does not imply the obligation to consent legal assistance if it is foreseeable that the means to be used are not suited to achieving the aim pursued by the request for assistance or if they overstep what is necessary to achieve it or if the execution may be prejudicial to essential interests of Luxembourg.
The Government of the Grand Duchy of Luxembourg declares that rogatory letters for search or seizure received in pursuance of this Protocol and in conformity with the above-mentioned reservation, are not subject to the condition provided by Article 5 of the European Convention on Extradition of 13 December 1957.

14-12-2018

In accordance with Article 7, paragraph 2, and Article 8, paragraph 2, of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Government of the Grand Duchy of Luxembourg withdraws the reservation numbered 1 made at the time of ratification of the said Additional Protocol, on 2 October 2000.
"In accordance with the provisions of Article 8, paragraph 2, sub-paragraph a, the Government of the Grand Duchy of Luxembourg reserves itself the right to accept Chapter I of this Protocol only if the criminal fiscal offence constitutes a tax fraud within the meaning of paragraph 396, sub-paragraph 5, of the General Law on Taxes, or of paragraph 29, sub-paragraph 1, of the Law of 28 January 1948 aiming to ensure the correct and fair collection of registration and succession rights."

13-04-2021

In accordance with Article 24 of the Convention, Luxembourg, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence.
The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Luxembourg in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, Luxembourg avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Luxembourg shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in Luxembourg is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, Luxembourg declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, Luxembourg furthermore declares that applications in accordance with Article 11 of the Convention, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, Luxembourg declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Luxembourg, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Luxembourg and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Malta

19-05-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), the Republic of Malta, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Malta in accordance with Article 24 of the Convention. With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Malta avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Malta shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Republic of Malta is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.

Netherlands, the Kingdom of the

12-01-1982

The Government of the Kingdom of the Netherlands accepts the said Protocol for the Kingdom in Europe.

21-02-1986

In addition to the letter of the Netherlands Permanent Representative No 1799 of 24 December 1985, I have the honour to bring the following to your attention in your capacity of depositary of the treaties listed in the annex.
The treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) apply as of 1 January 1986 equally to Aruba.
List of Treaties
...
99. Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (1978)
.
As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.
Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

06-01-1994

In accordance with Article 7, paragraph 2, the Government of the Kingdom of the Netherlands extends the application of the Additional Protocol to the Netherlands Antilles.
In accordance with Article 8, paragraph 2.a of the Additional Protocol, it accepts Chapter I of the Additional Protocol, with respect to the Netherlands Antilles, only in respect of relations with States with which the Kingdom of the Netherlands, in respect of the Netherlands Antilles, has concluded a treaty on the avoidance of double taxation, that is fully in force.

26-02-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares, for the European part of the Netherlands, that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement, for the European part of the Netherlands, the previous declarations made by the Kingdom of the Netherlands in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Kingdom of the Netherlands avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Kingdom of the Netherlands, for the European part of the Netherlands, shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Kingdom of the Netherlands is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands declares, for the European part of the Netherlands, that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15, paragraph 9, of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of the Netherlands furthermore declares, for the European part of the Netherlands, that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice and Security of the Netherlands.
In accordance with Article 33(2) of the Second Additional Protocol, the Kingdom of the Netherlands declares, for the European part of the Netherlands, that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the European territory of the Kingdom of the Netherlands, act in the capacity of "competent authority" in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of the European part of the Netherlands and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Portugal

24-08-2022

In accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the Portuguese Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, of 12 October 2017, shall be deemed to be a judiciary authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judiciary authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 3 / 5 2017/1939. This declaration is intended to supplement the previous declaration made by the Portuguese Republic in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Portuguese Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the European Union Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the European Union Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its protocols provide for the possibility for of a Party to make declarations or reservations, all such declarations and reservations made by the Portuguese Republic shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in Portugal is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judiciary requesting authority acting in accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judiciary authorities of the European Union Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol, in respect of the European Union Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Portuguese Republic declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Offices of that Member State. The European Public Prosecutor’s Office shall, where appropriate, forward such request to the competent national authorities if the European Public Prosecutor’s Office either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Portuguese Republic furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that European Union Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, the Portuguese Republic declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Portugal, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with the prior consent of the Portuguese authorities (Minister of Justice) and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Romania

07-04-2021

In accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), Romania, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by Romania in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, Romania avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by Romania shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in Romania is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Romania declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 (2) of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, Romania furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice.
In accordance with Article 33(2) of the Second Additional Protocol, Romania declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of Romania, act in the capacity of competent authority in accordance with Article 20 of that Protocol only with the prior consent of the judicial authorities of Romania and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Slovakia

06-04-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention), the Slovak Republic, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor's Office, declares that the European Public Prosecutor's Office ("EPPO"), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence.
The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Slovak Republic in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Slovak Republic avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Slovak Republic shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor's Office whenever a European Delegated Prosecutor located in the Slovak Republic is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor's Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor.
The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Slovak Republic declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor's Office and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor's Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Slovak Republic furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the Slovak Republic.
In accordance with Article 33(2) of the Second Additional Protocol, the Slovak Republic declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Slovak Republic, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only after prior notification to the General Prosecutor’s Office of the Slovak Republic and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Slovenia

14-10-2021

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Republic of Slovenia, as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Republic of Slovenia in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, the Republic of Slovenia avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member Stale of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor's Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of Regulation (EU) 2017/1939.
c) Where the Convention or its protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Republic of Slovenia shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the Republic of Slovenia is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judicial requesting authority acting in accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol to the Convention and under Articles 13, 14 and 23 of the Second Additional Protocol in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Slovenia declares that requests to the European Public Prosecutor's Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor’s Office(s) of that Member State. The EPPO shall, where appropriate, forward a request for mutual assistance to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Republic of Slovenia furthermore declares that applications in accordance with Article 11 of the Convention as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above mentioned Article 11, initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice of the Republic of Slovenia.
In accordance with Article 33(2) of the Second Additional Protocol, the Republic of Slovenia declares that the European Public Prosecutor's Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate in the territory of the Republic of Slovenia, act in the capacity of a “competent authority” in accordance with Article 20 of the Protocol only with the prior consent of the judicial authorities of the Republic of Slovenia and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Spain

13-06-1991

The Spanish Government declares in accordance with Article 8, paragraph 2 that it reserves the right not to comply with letters rogatory for search or seizure of property in respect of fiscal offences.

10-06-2011

Spain modifies its declaration to Article 24 of the Convention contained in the instrument of ratification. This modification applies also to the Additional Protocol to the Convention, and reads as follows:
In accordance with Article 24 of the Convention, Spain declares that for the purposes of the Convention, the
following shall be deemed judicial authorities:
a) ordinary judges and courts;
b) registrars;
c) public prosecutors;
d) military judges and courts;
e) reporting registrars of the military courts.
This declaration applies also to the Additional Protocol to the Convention, done in Strasbourg on 17 March 1978.

19-12-2012

Regarding the European Convention on Mutual Assistance in Criminal Matters, Spain wishes to replace the terms "Registrars" in the English version and "Greffiers" in the French version, by "Secretarios Judiciales" in the text of the declaration made by Spain pursuant to Article 24. This modification also applies to the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 17 March 1978.
This modification is done following the instructions of the Ministry of Justice, as the English word "Registrars" and the French word "Greffiers" are not exactly equivalent to the functions exercised by the "Secretarios Judiciales" in the Spanish judicial system.
Therefore, as the terms specific to the domestic laws (such as "Rechtspfleger" and "Greffier") are used in their own languages, given their singularity, according to the Ministry of Justice, the term "Secretarios Judiciales" should be used without being translated in the text of the declaration made to Article 24 of said Convention.

28-04-2022

With regard to the communication that the United Kingdom addressed to the Secretariat General of the Council of Europe on 29 July 2019, concerning the intention of the United Kingdom to extend to Gibraltar the application of the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30), Spain, recalling that it is a Party to the said Convention, as well as to the Additional Protocol (ETS No. 99) and to the Second Additional Protocol (ETS No. 182) thereof, makes the following statement:
- Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
- The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State of which the mentioned non-autonomous territory is dependent.
- As a result, any participation of the Gibraltarian authorities in the application of the European Convention on Mutual Assistance in Criminal Matters and of the Protocols thereof will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
- The procedure foreseen in the Arrangements relating to Gibraltar authorities in the context of certain international treaties which were adopted by Spain and the United Kingdom on 19 December 2007 (as well as the Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties, dated 19 April 2000), apply to this Convention and, eventually, to the Protocols thereof.
- The application to Gibraltar of this Convention and eventually of the Protocols thereof should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Crowns of Spain and of the United Kingdom.

15-07-2024

In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol to the Convention, the Kingdom of Spain, in its capacity as a Member State of the European Union participating in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, declares that the European Public Prosecutor’s Office (“EPPO”), in the exercise of its competences, as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purpose of issuing requests for mutual assistance in accordance with the Convention and its Protocols, as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its Protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. The EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention, in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. This declaration is intended to supplement the previous declarations made by the Kingdom of Spain, in accordance with Article 24 of the Convention.
With reference to this declaration made in accordance with Article 24 of the Convention, Spain avails itself of the opportunity to interpret the legal effects of that declaration as follows:
a) Where the Convention or its Protocols refer to the requesting Party or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to the EU Member State of the competent European Delegated Prosecutor whose powers and functions are referred to in Article 13 of Council Regulation (EU) 2017/1939.
b) Where the Convention or its Protocols refer to the law of the requesting or the requested Party, this shall in case of requests issued by or addressed to the European Public Prosecutor’s Office be interpreted as referring to Union law, in particular Council Regulation (EU) 2017/1939, as well as to the national law of the EU Member State of the competent European Delegated Prosecutor, to the extent applicable in accordance with Article 5(3) of that Regulation.
c) Where the Convention or its Protocols provide for the possibility for a Party to make declarations or reservations, all such declarations and reservations made by the Kingdom of Spain shall be deemed applicable in case of requests made by another Party to the European Public Prosecutor’s Office whenever a European Delegated Prosecutor located in the territory of Spain is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
d) As a judiciary requesting authority acting in accordance with Article 24 of the Convention, as amended by Article 6 of the Second Additional Protocol to the Convention, the European Public Prosecutor’s Office shall comply with any conditions or restrictions on the use of information and evidence obtained, which may be imposed by the requested Party based on the Convention and its Protocols.
e) Obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judiciary authorities of the EU Member State of the competent European Delegated Prosecutor. The same applies in case of obligations of the requesting Party under Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol, in respect of the EU Member State of the European Delegated Prosecutor competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Spain declares that requests to the European Public Prosecutor’s Office for mutual assistance as well as information laid by a Contracting Party in accordance with Article 21 of the Convention shall be addressed directly to the European Public Prosecutor’s Office, and the declaration made in accordance with Article 15 of the Convention as amended by Article 4 of the Second Additional Protocol to the Convention shall not apply in the case of the European Public Prosecutor’s Office. Requests for mutual assistance shall be sent either to the Central Office of the European Public Prosecutor’s Office or to the European Delegated Prosecutor's Office(s) of that Member State. The EPPO shall, where appropriate, forward such request to the competent national authorities if the EPPO either does not have or is not exercising its competence in a particular case.
In accordance with Article 15 of the Convention, as amended by Article 4 of the Second Additional Protocol to the Convention, the Kingdom of Spain furthermore declares that applications in accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol, and Articles 13 and 14 of the Second Additional Protocol as they refer to the above-mentioned Article 11 initiated by one of the European Delegated Prosecutors in that EU Member State, shall be transmitted by the Ministry of Justice (General Sub-Directorate for International Legal Cooperation).
In accordance with Article 33(2) of the Second Additional Protocol, the Kingdom of Spain declares that the European Public Prosecutor’s Office may, where a joint investigation team as referred to in Article 20 of that Protocol is intended to operate on the territory of the Kingdom of Spain, act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only with prior agreement of the judicial authorities of the Kingdom of Spain and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Switzerland

17-11-1981

In accordance with the provisions of Article 8.2a, Switzerland reserves the right to accept Chapter I of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters only to the extent that the fiscal offence constitutes a fraud with regard to taxes.

01-02-2022

The Permanent Representation of Switzerland […] and, referring to the notifications of declarations JJ9199C, Tr./030-136 Tr./099-69 Tr./182-95, JJ9180C revised, Tr./030-132 T r./099-65 Tr./182-90, JJ9184C revised, Tr./030-133 Tr./099-66 Tr./182-91, JJ9204C, Tr./030-137 Tr./099-70 Tr./182-96, JJ9238C, Tr./030-143 Tr./099-76 Tr./182-103, JJ9273C, Tr./030- 144 Tr./099-77 Tr./182-104, JJ9213C, Tr./030- 139 Tr./099-72 Tr./182-98, JJ9234C, Tr./030- 141 Tr./099-74 Tr./182-100, JJ9190C, Tr./030-134 Tr./099- 67 Tr./182-93, JJ9216C, Tr./030- 140 Tr./099-73 Tr./182-99, JJ9194C, Tr./030-135 Tr./099-68 Tr./182- 94, JJ9212C, Tr./030-138 Tr./099-71 Tr./182-97, JJ9285C, Tr./030-146 Tr./099-78 Tr./182-105 and JJ9304C, Tr./030-147 Tr./099-79 Tr./182-107, has the honor to inform her of the following:
The Swiss Federal Council has examined the declarations relating to Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 as amended by Article 6 of the Second Additional Protocol to the Convention of 8 November 2001 formulated by Austria, Belgium, the Czech Republic, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Romania, the Slovak Republic and Slovenia. These States declare that the European Public Prosecutor's Office (EPPO), in the exercise of its powers, as provided for in Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, shall be deemed to be a judicial authority for the purposes of the issuing requests for mutual legal assistance in accordance with the Convention and its Protocols as well as for the purpose of providing, on request of another Contracting Party in accordance with the Convention and its protocols, information or evidence which the EPPO has obtained already or may obtain following the initiation of an investigation in the area of its competence. These States further declare that the EPPO shall also be deemed to be a judicial authority for the purpose of receipt of information in accordance with Article 21 of the Convention in respect of offences within its competence as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939. These declarations are intended to supplement the previous declarations relating to Article 24 of the Convention.
The Federal Council considers that the European Convention […] as amended by the Second Additional Protocol allows States Parties to notify only their own judicial authorities as judicial authorities within the meaning of the Convention and the Additional Protocols. The European Public Prosecutor's Office is not a judicial authority of a State Party but an organ of the European Union with its own legal personality and judicial powers. Consequently, Switzerland is of the opinion that the declarations of the aforementioned States as well as the identical or similar declarations which will be, if necessary, formulated by other States participating in the European Public Prosecutor's Office are not in conformity with the Convention and are not enforceable against it. Therefore, collaboration between the Swiss authorities and the European Public Prosecutor's Office cannot take place based on the Convention and its Additional Protocols. Requests from the European Public Prosecutor's Office to the Swiss authorities are examined in the light of Swiss domestic legislation.
Switzerland welcomes and supports the work of the Council of Europe aimed at drafting a binding instrument which will provide an international legal basis for criminal cooperation with the European Public Prosecutor's Office.

Ukraine

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text

United Kingdom

29-08-1991

In accordance with Article 8, paragraph 2, the United Kingdom of Great Britain and Northern Ireland reserves the right not to accept Chapters II and III.

27-06-2008

The Government of the United Kingdom proposes that, in accordance with Article 25, paragraph 5, of the Convention and Article 7, paragraph 2, of the Protocol thereto, the United Kingdom's ratification of the Convention and Additional Protocol be extended to the Bailiwick of Jersey, being a territory for whose international relations the United Kingdom is responsible.
The reservations made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to Articles 2, 3, 5(1), 11(2), 12 and 21 of the Convention and Article 8(2) (with respect to Chapters II and III) of the Additional Protocol, will apply in respect to the Island of Jersey. I further have the honour to make the additional declarations on behalf of the Bailiwick of Jersey :
In respect of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland requests that references to the "Ministry of Justice" for the purposes of Article 11, paragraph 2, Article 15, paragraphs 1, 3 and 6, Article 21, paragraph 1, and Article 22 are to Her Majesty's Attorney General for Jersey.
In accordance with Article 16, paragraph 2, the Governement of the United Kingdom of Great Britain and Northern Ireland reserves on behalf of the Island of Jersey the right to stipulate that requests and annexed documents shall be addressed to it accompanied by translations into English.
On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland notes that the small jurisdiction of Jersey receives a disproportionately higher number of requests for mutual assistance than it makes. In the circumstances, on behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland expresses the wish that requesting parties be prepared to consider a refund of reasonable expenses outside the scope of what is set out in Article 20. On behalf of the Island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland stipulates that a lack of agreement on the refunding of expenses will not affect the commitment of the Island of Jersey to the obligations contained in the Convention.
In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland deems the following to be judicial authorities in the Island of Jersey :
the Magistrate's Court and the Royal Court
Her Majesty's Attorney General for Jersey
In order that the provisions of Article 25, paragraph 5, of the Convention be fulfilled, I request that you circulate this Note to all other Contracting Parties on the basis that in the absence of receipt of a Note of objection within 90 days of the date of such circulation, an arrangement to this effect for the purposes of Article 25, paragraph 5, will be deemed to have been made between the United Kingdom and each of the Contracting Parties.

31-05-2022

In accordance with Article 7, paragraph 2, of the Additional Protocol, the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom's ratification of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters shall be extended to the territory of Gibraltar for the international relations of which the United Kingdom is responsible. The reservation made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to Article 8(2) (with respect to Chapters II and III) of the Additional Protocol will apply in respect of Gibraltar. The United Kingdom declares in respect of Gibraltar that mutual legal assistance given in accordance with Chapter I of the Additional Protocol will be granted under the condition that all information and evidence provided will be used only in the criminal proceedings for which it was requested, unless Gibraltar expressly waives this requirement. In accordance with Article 8, paragraph 2(a), the United Kingdom declares that it reserves the right in respect of Gibraltar not to comply with letters rogatory for search and seizure of property in respect of fiscal offences. In accordance with Article 8, paragraph 2(a), the United Kingdom declares that it reserves the right in respect of Gibraltar to accept Chapter I of the Additional Protocol only for offences that are indictable under Gibraltar law. The Government of the United Kingdom of Great Britain and Northern Ireland considers that the extension of the Additional Protocol to the territory of Gibraltar shall take effect on the date of deposit of this declaration.