Tweede aanvullend Protocol bij het Europees Verdrag inzake wederzijdse rechtshulp in strafzaken

Armenië

08-12-2010

In accordance with Article 4, paragraph 8, of the Protocol, the Republic of Armenia declares that the copy of the requests for assistance shall be transmitted at the same time to the Ministry of Justice of the Republic of Armenia.
In accordance with Article 6 of the Protocol, the Republic of Armenia declares that the judicial authorities, for the purpose of the Convention, shall be deemed :
. The Ministry of Justice of the Republic of Armenia;
. The General Prosecutor's Office of the Republic of Armenia;
. The Judicial Department of the Republic of Armenia;
. The Police of the Republic of Armenia;
. The National Security Service of the Republic of Armenia;
. The Court of Cassation of the Republic of Armenia;
. The Courts of Appeal of the Republic of Armenia,
. The Courts of General Jurisdiction and Specialised Courts of the First Instance of the Republic of Armenia.
In accordance with Article 17, paragraph 4, of the Protocol, the Republic of Armenia declares that the competent authorities, for the purposes of paragraphs 1 and 2 of Article 17 of the Protocol, shall be the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia.
In accordance with Article 18, paragraph 4, of the Protocol, the Republic of Armenia declares that the authority that is competent for the purposes of the mentioned article shall be the General Prosecutor's Office of the Republic of Armenia.
In accordance with Article 19, paragraph 4, of the Protocol, the Republic of Armenia declares that the authorities that are competent for the purposes of paragraph 2 of the mentioned article shall be the the General Prosecutor's Office of the Republic of Armenia, the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia.
In accordance with Article 26, paragraph 5, of the Protocol, the Republic of Armenia declares that without the prior consent of the Republic of Armenia, the personal data - the transmission or the use of which could have been refused or limited within the framework of corresponding procedures - may not be used, for the purposes of paragraph 1 of the mentioned article.

Azerbeidzjan

04-04-2023

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Azerbaijan reserves the right to not apply the provisions of Articles 16, 17, 18, 19 and 20 of the Protocol.
In accordance with Article 15, paragraph 8, of the European Convention on Mutual Assistance in Criminal Matters (hereinafter – the Convention) as amended by Article 4 of the Second Additional Protocol, the Republic of Azerbaijan declares that all requests and other communications referred to in Article 15, paragraphs 1 to 6, of the Convention as amended by Article 4 of the Second Additional Protocol, should be forwarded to the Ministry of Justice of the Republic of Azerbaijan and to the Prosecutor General’s Office of the Republic of Azerbaijan as the central authorities […]:
Ministry of Justice of the Republic of Azerbaijan
Prosecutor General’s Office of the Republic of Azerbaijan
In accordance with Article 15, paragraph 9, of the Convention as amended by Article 4 of the Second Additional Protocol, the Republic of Azerbaijan declares that in case of forwarding of a request through electronic or any other means of telecommunications, the original of such request has to be subsequently delivered in writing.
In accordance with Article 24 of the Convention as amended by Article 6 of the Second Additional Protocol, the Republic of Azerbaijan declares that district (city) courts, serious crimes courts, courts of appellate instance and the Prosecutor General’s Office of the Republic of Azerbaijan shall be deemed as the judicial authorities.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Azerbaijan declares that it reserves the right not to be bound by the conditions imposed by the providing Party under Article 11, paragraph 2, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Azerbaijan declares that before an agreement is reached under Article 13, paragraph 1, consent from the person concerned referred to in Article 13, paragraph 3, will be required in each case.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Azerbaijan declares that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data I accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party shall not be used by that Party for the purposes referred to in Article 26, paragraph 1, of the Protocol without the prior consent of the Republic of Azerbaijan.
The Republic of Azerbaijan declares that the provisions of this Protocol will not be applied by the Republic of Azerbaijan in relation to the Republic of Armenia until the consequences of the conflict are completely eliminated and relations between the Republic of Armenia and the Republic of Azerbaijan are normalized.

België

09-03-2009

Concerning Article 3 of the Protocol, the Government of the Kingdom of Belgium will grant the temporary transfer provided by this article only if the person concerned is serving a definitive sentence on its territory, excluding anybody in pretrial detention.
The Government of the Kingdom of Belgium will grant temporary transfer as provided for in Article 11 only if the person concerned is serving a sentence on its territory and if there are no special considerations opposed thereto.
Concerning Articles 17, 18, 19 and 20 of the Protocol, the Government of the Kingdom of Belgium intends to prevails itself of the opportunity afforded by Article 33, paragraph 2, to accept the use of cross-border observations, of controlled delivery, of covert investigations and of joint investigation teams only for the following offences : trafficking in arms and drugs, trafficking in human beings, pedophilia and terrorism.
Any use of these four methods of research on Belgian territory must also be executed only by the Belgian competent officers.
Pursuant to paragraph 4 of Articles 17, 18, 19 and 20, the Government of the Kingdom of Belgium declares that the Federal Prosecutor is designated as the Belgian judicial authority responsible for the implementation of requests for assistance involving the use of these particular methods of research.
Pursuant to paragraph 8 of Article 4 of the Protocol, the Government of the Kingdom of Belgium declares that it requires the transmission of any request for mutual assistance, except when it is urgent, to the central authority for mutual assistance in criminal matters of its Federal Public Service Justice.
Pursuant to paragraph 4 of Article 11 of the Protocol, the Government of the Kingdom of Belgium declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of the said article, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
Pursuant to paragraph 7 of Article 13 of the Protocol, the Government of the Kingdom of Belgium declares that it will grant the temporary transfer provided by this article only with the consent of the persons detained and to the extent that he/she is serving a definitive sentence on its territory, excluding anybody in pretrial detention.
Pursuant to paragraph 5 of Article 26 of the Protocol, the Government of the Kingdom of Belgium declares that, in proceedings for which Belgium could have refused or limited the transfer or use of personal data in accordance with the provisions of the Convention or its Protocols, the personal data which it transfers to another Party will not be used by the latter for the purposes referred to in paragraph 1 of Article 26 of the Protocol without its prior consent.

05-11-2012

In accordance with Article 33, paragraph 3, of the Second Additional Protocol, the Government of Belgium withdraws its reservation to Articles 17, 18, 19 and 20 of the Second Additional Protocol, deposited at the time of ratification.

13-03-2013

The Government of Belgium confirms the renewal of its declaration of competent authorities: "The Federal Prosecutor is designated as the Belgian judicial authority responsible for the implementation of requests for assistance involving the use of these particular methods of research".

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.

Bosnië en Herzegovina

07-11-2007

In connection with Article 4, paragraph 8, of the Second Additional Protocol, Bosnia and Herzegovina declares that all requests and other written notices related to Article 4, paragraphs 1 to 6, are to be delivered to the Ministry of Justice of Bosnia and Herzegovina, as the central authority.
In relation to Article 4, paragraph 8, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that in case of direct addressing of urgent requests in line with Article 4, paragraph 7, of the Second Additional Protocol, copy of the request will be delivered concurrently to the Ministry of Justice of Bosnia and Herzegovina.
In line with Article 13, paragraph 7, of the Second Additional Protocol, Bosnia and Herzegovina declares that it shall request the approval referred to under Article 13, paragraph 3, of this Protocol, before reaching an agreement under paragraph 1 of this article.
In line with Article 6 of the Second Additional Protocol, Bosnia and Herzegovina declares that ordinary courts and prosecutor's office in Bosnia and Herzegovina shall be regarded as judicial authorities for the purpose of the Convention and this Protocol.
In relation to Article 17, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that:
a. The authority responsible for receiving the request and decision making in line with Article 17, paragraph 1, of the Second Additional Protocol, is:
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463
b. The authority responsible for receiving the notice in line with Article 17, paragraph 2, of the Second Additional Protocol, is:
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628
In line with Article 18, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that:
a. The authority responsible for receiving the request and decision making in accordance with Article 18, paragraph 2, of the Second Additional Protocol, is:
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463
b. The authority responsible for execution, management and control of undertaken actions in line with Article 18, paragraph 3, of the Second Additional Protocol, is:
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628
In line with Article 19, paragraph 4, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that:
a. The authority responsible for receiving the request and decision making in accordance with Article 19, paragraph 2, of the Second Additional Protocol, is:
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463
b. The authority responsible for providing legal assistance in accordance with Article 19 of the Second Additional Protocol, is:
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628

Bulgarije

11-05-2004

In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Bulgaria declares that conditions, imposed by the Party which provides spontaneous information, shall be observed only if that Party has previously notified of the nature of the information to be provided and Bulgaria has agreed to its transmission.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Bulgaria declares that consent of the person concerned in Article 13, paragraph 3, will be required before an agreement is reached between the competent authorities under paragraph 1 of the same article.
In accordance with Article 17, paragraph 4 in connection with paragraphs 1 and 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority to which shall be submitted requests for legal assistance under Article 17, paragraph 1, and, in case of urgency in the course of observation, to be immediately notified of crossing the border under Article 17, paragraph 2. The officers, indicated in paragraphs 1 and 2 of the same article, who are to conduct the cross-border observation, will be investigators from the National Investigation Service, and the Ministry of the Interior will render co-operation.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Bulgaria declares that within the framework of the procedures for which the Republic of Bulgaria could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Contracting Party will be used by the latter for the purposes of Article 26, paragraph 1, only with the previous consent of the Republic of Bulgaria.
In accordance with Article 33, paragraph 1, of the Second Additional Protocol, the Republic of Bulgaria declares that it shall not apply its declaration on Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 to the provisions of this Protocol.
In accordance with Article 33, paragraph 2 and in connection with Article 16, of the Second Additional Protocol, the Republic of Bulgaria declares that it does not accept the service of procedural documents and judicial decisions on defendants and accused persons directly by post.
In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria defines courts that have passed the convictions as competent authorities to which requests for copies of convictions and subsequent measures under Article 4 of the Second Additional Protocol may be forwarded.
In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of sub-paragraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Cassation Prosecutor's Office, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice.
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that requests for legal assistance and any other communications under Article 15, paragraph 9, received by fax and e-mail shall be accepted and executed, provided that the requesting Party shall verify their authenticity, if requested.
In accordance with Article 18, paragraph 4 in connection with paragraphs 2 and 3, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to govern, control and decide on controlled delivery.
In accordance with Article 19, paragraph 4 in connection with paragraph 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to decide on the request of covert investigation.

11-03-2022

In accordance with Article 11 of the Convention, as amended by Article 3 of the Second Additional Protocol to the Convention, the Republic of Bulgaria declares that applications under this article and in accordance with Articles 13 and 14 of the Second Additional Protocol to the Convention, initiated by an European Delegated Prosecutor in a Member State of the European Union, shall be transmitted to the authorities determined by the Republic of Bulgaria in the declaration made under Article 15, paragraph 8, letter b, of the Convention, as formulated in Article 4 of the Second Additional Protocol.
In accordance with Article 15 of the Convention, as amended by Article 4 of its Second Additional Protocol, the Republic of Bulgaria declares that requests for mutual assistance to the European Public Prosecutor’s Office, 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 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 the declaration under Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as formulated in Article 4 of the Second Additional Protocol, a comma shall be inserted at the end and the following text shall be added “whereas this order shall not apply in the case of the European Public Prosecutor’s Office”.
In the declaration under Article 15, paragraph 8, letter b, of the European Convention on Mutual Assistance in Criminal Matters, as formulated in Article 4 of the Second Additional Protocol, a comma shall be inserted at the end and the following text shall be added “whereas this order shall not apply in the case of the European Public Prosecutor’s Office”.
[Note by the Secretariat: the two abovementioned declarations now read as follows: “In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria defines courts that have passed the convictions as competent authorities to which requests for copies of convictions and subsequent measures under Article 4 of the Second Additional Protocol may be forwarded, whereas this order shall not apply in the case of the European Public Prosecutor’s Office. In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of subparagraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Cassation Prosecutor's Office, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice, whereas this order shall not apply in the case of the European Public Prosecutor’s Office.”]
The Republic of Bulgaria, in accordance with Article 24 of the Convention, as amended by Article 6 of its Second Additional Protocol, 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, furthermore declares that 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, of 12 October 2017, implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, 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 European Public Prosecutor’s Office has obtained already or may obtain following the initiation of an investigation in the area of its competence. 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.
The Republic of Bulgaria avails itself of the opportunity to interpret the legal effects of that declaration as follows:
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.
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.
All declarations and reservations made by the Republic of Bulgaria under the Convention and its protocols 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 Bulgaria is competent in accordance with Article 13(1) of Council Regulation (EU) 2017/1939.
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.
The obligations imposed upon the requesting Party by Article 12 of the Convention shall also be binding upon the judicial 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 33(2) of the Second Additional Protocol and in conjunction with Article 20 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Bulgaria declares that 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 Bulgaria, the European Public Prosecutor's Office may act in the capacity of “competent authority” in accordance with Article 20 of that Protocol only in the presence of agreement with the judicial authorities of the Republic of Bulgaria and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.

Chili

30-05-2011

Reservations
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 16 thereof.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 17 thereof.
In relation to Articles 18 and 19 of the Second Additional Protocol, the Republic of Chile reserves the right under Article 33, paragraph 2, to accept controlled deliveries and covert investigations only where the Chilean laws expressly authorises such proceedings.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile reserves the right to accept Article 20 thereof.
Declarations
In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 1, of the Convention, replaced with Article 4 of this Protocol, requests for mutual assistance, as well as spontaneous information, shall be addressed to the Ministry of Foreign Affairs of Chile, the Central Authority for the purposes hereof, without prejudice to their being forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels.
In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 2, of the Convention, replaced with Article 4 hereof, requests referred to in Article 11 of the Convention, replaced with Article 3 of this Protocol, as well as Article 13, shall be addressed, in all cases, to the Ministry of Foreign Affairs of Chile.
Considering that the Republic of Chile makes no declaration as to Article 27 of the Second Additional Protocol, according to Article 4, paragraph 8, letter (d), the Republic of Chile declares that requests for mutual assistance forwarded by administrative authorities referred to in Article 15, paragraph 3, replaced with Article 4 of the Second Additional Protocol, shall always be forwarded to the Ministry of Foreign Affairs of Chile.
In accordance with Article 15, paragraph 6, of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that the Ministry of Justice of Chile is the competent authority to which requests for mutual assistance referred to in Article 4 of the Additional Protocol must be forwarded.
In accordance with Article 15, paragraph 8, letter (a), of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that in urgent cases where transmission is made by INTERPOL, under Article 15, paragraph 7, of the Convention, replaced with the Second Additional Protocol, where such communication relates to requests for mutual assistance referred to in Article 15, paragraph 6, of the Convention, replaced with the Second Additional Protocol, a copy shall be sent to the Ministry of Justice of Chile.
In accordance with Article 6 of the Second Protocol, amending Article 24 of the Convention, the Republic of Chile declares that the courts of justice composing the Judiciary shall be deemed as Chilean judicial authorities for the purposes of the Convention.
Mutual assistance requests for the purposes of this Convention may also be transmitted to the Public
Prosecutor’s Office, which shall request the intervention of the competent Guarantee Judge where, under Chilean laws, it is required due to the nature of the request. However, in no case will this declaration grant jurisdictional powers to the Public Prosecutor’s Office or make it a judicial authority.
In accordance with the provisions in Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Chile declares that it shall not apply the rules in this Article to hearings by video conference involving the accused person or the suspect.
In accordance with the provisions in Article 13, paragraph 7, of the Second Additional Protocol, the Republic of
Chile declares that before an agreement is reached under Article 13, paragraph 1, it shall grant the temporarym transfer only with the consent of the detained person.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, under domestic regulations, the authorities competent for acceptance and coordination of requests for controlled deliveries is the Chilean Public Prosecutor’s Office.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, according to domestic regulations, the authority responsible for accepting and coordinating requests for covert investigations is the Chilean Public Prosecutor’s Office.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Chile declares that it submits the handling and lapse of the requesting party’s information to domestic laws.

08-01-2018

Updating of contact information (Article 4):
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

Date of effect of the declaration: 8 January 2018

Cyprus

12-02-2015

Article 4
In accordance with Article 15, paragraph 6, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus has designated the Chief of Police as competent authority.
In accordance with Article 15, paragraph 8, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that all requests for mutual assistance should be addressed to the Ministry of Justice and Public Order. In cases of urgency, in accordance with sub-paragraph (c) of the same Article of the Convention, requests may be channelled through Interpol of Europol in case they are submitted by Member States of the European Union.
In accordance with Article 15, paragraph 9, of the Convention as replaced by Article 4 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that it will accept requests for mutual assistance, and any relevant documents, by facsimile or electronic mail, provided the requesting authority can prove, if deemed necessary, its authenticity.
Article 6
In accordance with Article 24 of the Convention, as replaced by Article 6 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the following shall be considered as judicial Authorities for the purposes of the Convention and its Protocols:
- all Courts of the Republic of Cyprus exercising criminal jurisdiction;
- the Attorney General of the Republic;
- the Ministry of Justice and Public Order;
- the Chief of Police;
- the Director of Customs and Excise;
- the Commissioner of Taxation;
- the Unit for Combating Money Laundering (MOKAS);
- any person empowered by national law to investigate according to Article 4(2) of the Criminal Procedure Law.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the Republic of Cyprus reserves the right not to be bound by any conditions imposed by the providing Party under paragraph 2 of the aforesaid Article, unless it receives prior notice of the nature of the information to be provided and agrees to the transmission.
In accordance with Article 17 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authorities for the purposes of paragraphs 1 and 2 this article are the Attorney General of the Republic and the Chief of Police.
In accordance with Article 18 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authority for the purpose of this article are the Attorney General of the Republic, the Chief of Police and/or the Director of Customs and Excise.
In accordance with Article 19 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the competent Authority for the purpose of this article is the Chief of Police.
In accordance with Article 26 of the Second Additional Protocol, the Government of the Republic of Cyprus declares that the personal data transmitted to another Party for the purpose of paragraph 1 of the aforesaid Article shall not be used by that Party without the previous consent of the person concerned or of the competent Authority in 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.

Denemarken

15-01-2003

In accordance with Article 15, paragraph 8 (d) and 15, paragraph 3 (in the European Convention on Mutual Assistance in Criminal Matters, as worded by the Second Additional Protocol), Denmark declares that requests from administrative authorities (cf. Article 1, paragraph 3, in the Convention), shall be forwarded to the Ministry of Justice in the country requested to provide assistance, and hence may not be sent directly to the judicial authorities.
In accordance with Article 9, paragraph 9 (in the Second Additional Protocol), Denmark declares that it does not meet requests for hearing by videoconference involving the accused person or the suspect.
In accordance with Article 13, paragraph 7 (in the Second Additional Protocol), Denmark declares that consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of a person held in custody according to Article 13, paragraph 1.
In accordance with Article 18, paragraph 4 (in the Second Additional Protocol), Denmark declares that the Danish authorities that are competent for the purpose of Article 18 are the judicial authorities as defined by the declaration according to article 24 in the 1959 Convention (i.e. the Courts of Law and the Department of Public Prosecutions which itself, according to the Danish judicature and procedural code, includes the Ministry of Justice, the Attorney-General, the prosecutors, the Copenhagen Prefect of Police and the Police Commissioners).
In accordance with Article 32, paragraph 1 (in the Second Additional Protocol), Denmark declares that until further notice the Second Additional Protocol shall not apply to the Faeroe Islands and Greenland.
In accordance with Article 33, paragraph 2, cf. Article 17 (in the Second Additional Protocol), Denmark declares that it does not accept Article 17 (cross-border observations).
In accordance with Article 33, paragraph 2, cf. Article 19 (in the Second Additional Protocol), Denmark declares that it does not accept Article 19 (covert investigations).

Duitsland

20-02-2015

In accordance with Article 33 (2) of the Second Additional Protocol, the Federal Republic of Germany excludes the application of Article 16 in its entirety.
In accordance with Article 33 (2) of the Second Additional Protocol, the Federal Republic of Germany reserves the right to make cross-border observations in its territory pursuant to Article 17 (1) third sentence always dependent on the observation being entrusted to the competent German authorities. Application of the urgent case provision laid down in Article 17 (2) is excluded in its entirety.
In accordance with Article 4 of the Second Additional Protocol, the Federal Republic of Germany makes the following declarations:
The competent authority pursuant to Article 4 (6) second sentence is the Bundesamt für Justiz (Federal Office of Justice), which may be contacted at the following address:
Bundesamt für Justiz (Federal Office of Justice)
Adenauerallee 99-103
53113 Bonn
GERMANY
Tel.: + 49 (0)228 99 410 – 40
Fax: +49 (0)228 99 410 – 5591
In accordance with Article 4 (8) (b), the Federal Republic of Germany declares that requests, except urgent requests, are to be addressed to the Federal Office of Justice.
In accordance with Article 4 (8) (d), the Federal Republic of Germany declares that requests by administrative authorities are always to be addressed to the Federal Office of Justice, i.e. also in urgent cases.
In accordance with Article 6 of the Second Additional Protocol, the Federal Republic of Germany up-dates its declaration in respect of Article 24 of the Convention and defines what authorities it will, for the purpose of the Convention, deem judicial authorities. These are as follows:
– das Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection), Berlin
– das Bundesamt für Justiz (Federal Office of Justice), Bonn
– der Bundesgerichtshof (Federal Court of Justice), Karlsruhe
– der Generalbundesanwalt beim Bundesgerichtshof (Federal Prosecutor-General at the Federal Court of Justice), Karlsruhe
– das Justizministerium Baden-Württemberg (Ministry of Justice of Land Baden-Württemberg), Stuttgart
– das Bayerische Staatsministerium der Justiz (Bavarian Ministry of Justice), Munich
– die Senatsverwaltung für Justiz und Verbraucherschutz (Senate Department for Justice and Consumer Protection), Berlin
– das Ministerium der Justiz und für Europa und Verbraucherschutz des Landes Brandenburg (Ministry of Justice and for Europe and Consumer Protection of Land Brandenburg), Potsdam
– der Senator für Justiz und Verfassung (Senator of Justice and Constitution), Bremen
– die Behörde für Justiz und Gleichstellung der Freien und Hansestadt Hamburg (Free and Hanseatic City of Hamburg Ministry of Justice and Equalities)
– das Hessische Ministerium der Justiz (Hessian Ministry of Justice), Wiesbaden
– das Justizministerium Mecklenburg-Vorpommern (Ministry of Justice of Mecklenburg-Western Pomerania), Schwerin
– das Niedersächsische Justizministerium (Ministry of Justice of Lower Saxony), Hannover
– das Justizministerium des Landes Nordrhein-Westfalen (Ministry of Justice of North Rhine-Westphalia), Düsseldorf
– das Ministerium der Justiz und für Verbraucherschutz des Landes Rheinland-Pfalz (Ministry of Justice and Consumer Protection of the State of Rhineland-Palatinate), Mainz
– das Ministerium der Justiz des Saarlandes (Ministry of Justice of Saarland), Saarbrücken
– das Sächsische Staatsministerium der Justiz (Saxon State Ministry of Justice), Dresden
– das Ministerium für Justiz und Gleichstellung des Landes Sachsen-Anhalt, (Ministry of Justice and Gender Equality, Saxony-Anhalt), Magdeburg
– das Ministerium für Justiz, Kultur und Europa des Landes Schleswig-Holstein (Ministry of Justice, Cultural and European Affairs Schleswig-Holstein), Kiel
– Thüringer Ministerium für Justiz (Thuringian Ministry of Justice), Erfurt
– die Oberlandesgerichte (the higher regional courts)
– die Landgerichte (the regional courts)
– die Amtsgerichte (the local courts)
– die Generalstaatsanwaltschaften/die Staatsanwaltschaften bei den Oberlandesgerichten (offices of the public prosecutors general)
– die Staatsanwaltschaften/Staatsanwaltschaften bei den Landgerichten (public prosecution offices)
– die Zentrale Stelle der Landesjustizverwaltungen zur Aufklärung nationalsozialistischer Verbrechen (Central Office of the Land Judicial Authorities for the Investigation of National Socialist Crimes), Ludwigsburg
In accordance with Article 9 (2) of the Second Additional Protocol, the Federal Republic of Germany declares that pursuant to the fundamental principles of its law, a hearing of witnesses and experts by video conference may take place only on a voluntary basis. No costs may be imposed or administrative fines charged to witnesses or experts who do not comply with a request from a foreign judicial authority to be heard by means of a video conference.
In accordance with Article 9 (9) of the Second Additional Protocol, the Federal Republic of Germany declares that a hearing of accused persons or suspects by video conference is not excluded in principle, but that such a hearing may take place only on a voluntary basis pursuant to Article 9 (8) third sentence.
In accordance with Article 11 (4) of the Second Additional Protocol, the Federal Republic of Germany declares that it reserves the right not to be bound by the conditions imposed by the providing Party under Article 11 (2) unless the Federal Republic of Germany receives prior notice of the nature of the information to be provided and agrees to its transmission.
In accordance with Article 13 (7) of the Second Additional Protocol, the Federal Republic of Germany declares that before an agreement is reached under Article 13 (1), consent from the person concerned referred to in Article 13 (3) will be required.
In accordance with Article 17 (4), Article 18 (4) and Article 19 (4) of the Second Additional Protocol, the Federal Republic of Germany designates the Bundesamt für Justiz (Federal Office of Justice) as the authority that is competent for the purposes of these Articles. The Federal Office of Justice may be contacted at the following address:
Bundesamt für Justiz (Federal Office of Justice)
Adenauerallee 99-103
53113 Bonn
GERMANY
Tel.: +49 (0)228 99 410 – 40
Fax: +49 (0)228 99 410 – 5591
In urgent cases, requests on the basis of Articles 17, 18 and 19 may also be made to the Federal Criminal Police Office, which may be contacted at the following address:
Bundeskriminalamt (Federal Criminal Police Office)
65173 Wiesbaden
Email: mail@bka.bund.de
Tel.: +49 (0)611 55 – 13101
Fax: +49 (0)611 55 – 12141
In accordance with Article 26 (5) of the Second Additional Protocol, the Federal Republic of Germany declares that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party may not be used by the other Party for the purposes of Article 26 (1) unless with the previous consent of the Federal Republic of Germany.
In addition to that, the Federal Republic of Germany declares the following concerning the whole of Article 26 of the Second Additional Protocol: In applying this Article, it is the understanding of the Federal Republic of Germany that the Parties remain free, in consideration of the data protection interests of the persons concerned, to apply provisions that rule out the transmission of data to another Party or that allow transmission only subject to certain conditions. The Federal Republic of Germany therefore reserves the right, as necessary, to make the exchange of personal data dependent on compliance with the data protection requirements of the domestic law of the Federal Republic of Germany in specific individual cases. To this extent, the Federal Republic of Germany also reserves the right to make, in individual cases, mutual legal assistance on the basis of the Convention and its Protocols dependent on its limitation to a specific use or a special purpose. In this context, the Federal Republic of Germany makes reference to its declaration in respect of Article 12 (2) of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. According to this declaration, it is the understanding of the Federal Republic of Germany that Article 12 (2) of the Convention referred to above allows the Parties the freedom to make provisions in their national data protection law which may in certain cases, in consideration of the data protection interests of the persons concerned, rule out the transmission of data.
Notwithstanding the above reservations and declarations, the Federal Republic of Germany declares in accordance with Article 33 (1) first and second sentences that it upholds all the reservations und declarations made in respect of the Convention and the Protocol. This applies in particular to the declaration in respect of Article 11 (1) sub-paragraph 2 of the Convention to the effect that the Federal Republic of Germany will refuse transfer in all the cases enumerated.

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.

Estland

09-09-2004

In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Estonia declares that for carrying out controlled deliveries in Estonia, the competent authorities are the Tax and Customs Board, the Board of Border Guard, the Central Criminal Police, the Security Police Board and the National Police Board.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Estonia declares that it wholly avails itself of the right not to accept Articles 17 and 19.
In accordance with Article 15, paragraph 8, sub-paragraph (a), of the Convention (as reworded by Article 4 of the Second Additional Protocol), the Republic of Estonia declares that a copy of the request for assistance addressed directly to its judicial authorities shall be transmitted to the Ministry of Justice.
In accordance with Article 24 of the Convention (as reworded by Article 6 of the Second Additional Protocol), the Republic of Estonia declares that for the purposes of this Convention the judicial authorities for Estonia shall be the courts, the prosecutor's office, the Ministry of Justice and investigation boards that on the basis of the Criminal Procedure Code are competent to carry out pre-trial procedure: the National Police Board, the police districts, the Security Police Board, the Central Criminal Police, the Tax and Customs Board, the Estonian Board of Border Guard, the Estonian Competition Board and the General Staff of the Defence Forces.

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

16-04-2014

Pursuant to Article 13, paragraph 7, of the Protocol, the Republic of Finland declares that before an agreement is reached under paragraph 1 of Article 13, the consent referred to in paragraph 3 will be required if the person to be transferred is a national of Finland or resides permanently in Finland, or if a person who is not a national of Finland or does not reside permanently in Finland is to be transferred from Finland to a State other than a Member State of the European Union, Iceland or Norway.
Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares in respect of Article 16 that any summons documents concerning a person accused of a crime and staying in the territory of Finland must be sent to the person at least 60 days before the date when the accused must appear before the court.
Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares that it will not accept Article 17 of the Protocol.
Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares that it will not accept Article 18 of the Protocol.
Pursuant to Article 33, paragraph 2, of the Protocol, the Republic of Finland declares in respect of Article 19 that Finland can permit an officer of a foreign State to act in the Finnish territory only if the competent Finnish authority has requested assistance from the foreign State in question.
Pursuant to Article 4, paragraph 6, of the Protocol, the Republic of Finland declares that it deems the Legal Register Centre to be the competent Finnish authority for the purposes of paragraph 6 of Article 4.
Pursuant to Article 24 of the European Convention on Mutual Assistance in criminal matters of 1959, as amended by Article 6 of the Protocol, the Republic of Finland declares that it deems the following to be the Finnish judicial authorities for the purpose of the Convention:
- the Ministry of Justice,
- the District Courts (käräjäoikeus/tingsrätt), the Courts of Appeal (hovioikreus/hovrätt) and the Supreme Court (korkein oikeus/högsta domstolen),
- the public prosecutors,
- the police authorities, the customs authorities as well as the border guard officers in their capacity of criminal investigation authorities under the Criminal Investigation Act of 22 July 2011 (805/2011).
Pursuant to Article 19, paragraph 4, of the Protocol, the Republic of Finland declares that, for the purposes of paragraph 2 of Article 19, it deems, in accordance with Chapter 10, sections 31 and 35 of the Coercive Measures Act (806/2011), the chief of the National Bureau of Investigation and the chief of the Security Intelligence Service to be the competent Finnish authorities who may decide on compliance with requests concerning covert investigations.

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.

Frankrijk

06-02-2012

In accordance with Article 33, paragraph 2, of the Second Additional Protocol France declares that it will not apply paragraph 2 of Article 17 of the said Protocol.
In accordance with Article 15, paragraph 8(d), of the Convention, France declares that the following types of request shall be addressed to the Ministry of Justice, Directorate of Criminal Affairs and Pardons:
- requests for mutual assistance relating to the procedures mentioned in Article 1, paragraph 3, of the
Convention; and
- requests for mutual assistance from a competent authority of the requesting State other than a judicial
authority.
In accordance with Article 15, paragraph 8(d), of the Convention, France declares that requests for mutual assistance requiring co-ordinated enforcement in several member States of the European Union may also, where requests addressed to France are concerned, be forwarded through the intermediary of the French national member of the Eurojust judicial co-operation unit.
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, France declares that it will not apply the provisions of this article to hearings of prosecuted persons during appearances before the trial court.
In accordance with Article 24 of the Convention, France declares that the following authorities shall be
considered as French judicial authorities for the purposes of this Convention and its additional protocols:
- investigating courts,
- trial courts,
- courts responsible for the execution of sentences,
- members of the public prosecutor's offices operating with these courts.
In accordance with Article 15, paragraph 6, of the Convention, France declares that requests for copies of convictions and measures as set out in Article 4 of the Second Additional Protocol to the Convention can be sent directly to the courts which issued the decisions in question.
In accordance with Article 15, paragraph 9, of the Convention, France declares that it will accept requests for mutual judicial assistance or any other communication effected under this Convention through any channels which permit access to a written record under conditions enabling it to verify its authenticity.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, France declares that it
designates the following officers and authorities for the purposes of paragraph 1:
- as officers empowered to conduct cross-border observations: criminal police officers of the national
police and of the national gendarmerie, as well as, under the conditions set out in the appropriate
bilateral agreements mentioned in Article 17 paragraph 5, with respect to their powers regarding illicit
trafficking in narcotic drugs and other psychotropic substances, trafficking in weapons and explosives
and the illicit transport of toxic and hazardous waste, customs officers;
- as an authority empowered to authorise the conducting of cross-border observations in the national
territory: the Directorate of Criminal Affairs and Pardons;
- as an authority empowered to transmit the authorisation to conduct cross-border observations in the
national territory: the Directorate General of Judicial Police.
France declares that the competent authority for the purposes of Article 18 of the Second Additional Protocol is the State Prosecutor with the competent Regional Court (Tribunal de Grande Instance), or failing that, the State Prosecutor with the Paris Regional Court.
France declares that the competent authorities for the purposes of Article 19, paragraph 2, of the Second Additional Protocol are the State Prosecutor with the Paris Regional Court or the investigating judge with the same Court, proceeding in accordance with the provisions of Article 694-7 of the Code of Criminal Procedure.
In accordance with Article 32 of the Second Additional Protocol, France declares that this Protocol is
applicable to the 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.

27-05-2021

France withdraws its declaration to Article 9 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, contained in the instrument of ratification deposited on 6 February 2012.

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.

Georgië

10-01-2014

In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that requests for copies of convictions and measures as referred to in Article 4 of the Additional Protocol to the Convention shall be made directly to the Ministry of Internal Affairs of Georgia.
In accordance with Article 15, paragraph 8(d), of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that all requests submitted concerning the mutual assistance shall be addressed to the Ministry of Justice of Georgia, except for certain types of requests referred to below:
a) Spontaneous information of an operative-investigation nature shall be addressed to the Ministry of Internal Affairs of Georgia;
b) Requests for copies of convictions and measures as referred to in Article 4 of the Additional Protocol to the Convention shall be addressed to the competent authority defined by Georgia for the purposes of Article 4, paragraph 6, of the Second Additional Protocol;
c) Requests for mutual assistance related to cross-border observations, controlled delivery and covert investigations shall be addressed to the competent authority designated by Georgia for the purposes of Articles 17, 18 and 19 of the Second Additional Protocol.
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 4 of the Second Additional Protocol, Georgia declares that it will accept and execute requests received by electronic or other means of telecommunication, if the request is urgent and its authenticity is undisputed, provided the requesting authority subsequently submits the original of the request within the period specified by the requested authority.
In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as replaced by Article 6 of the Second Additional Protocol, Georgia declares that for the purposes of the Convention and the Second Additional Protocol, the following authorities shall be considered as judicial authorities:
a) Prosecutors' Office in Georgia;
b) Common courts of Georgia.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, Georgia declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of Article 11, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
In accordance with Article 13, paragraph 7 of the Second Additional Protocol, Georgia declares that the consent as mentioned in Article 13, paragraph 3, will be required prior to the agreement on temporary transfer of a person held in custody pursuant to Article 13, paragraph 1.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Georgia declares that it avails itself of the right not to accept paragraph 2 of Article 17 of the Second Additional Protocol.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, Georgia declares that it designates the following authority for the purposes of paragraph 1 of Article 17 of the Second additional Protocol:
Ministry of Internal Affairs of Georgia
Central Criminal Police Department
Address: General Gia Gulua St.10
0114 Tbilisi, Georgia
Phone: +995 32 241 19 84; +995 32 241 87 76
Fax: +995 32 241 87 76
E-mail: cooperation@mia.gov.ge
Website: www.police.ge
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Georgia declares that the authority competent for the purposes of Article 18 of the Second Additional Protocol shall be:
Ministry of Internal Affairs of Georgia
Central Criminal Police Department
Address: General Gia Gulua St.10
0114 Tbilisi, Georgia
Phone: +995 32 241 19 84; +995 32 241 87 76
Fax: +995 32 241 87 76
E-mail: cooperation@mia.gov.ge
Website: www.police.ge
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, Georgia declares that the authority competent for the purposes of paragraph 2 of Article 19 of the Second Additional Protocol shall be:
Ministry of Internal Affairs of Georgia
Central Criminal Police Department
Address: General Gia Gulua St.10
0114 Tbilisi, Georgia
Phone: +995 32 241 19 84; +995 32 241 87 76
Fax: +995 32 241 87 76
E-mail: cooperation@mia.gov.ge
Website: www.police.ge
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, Georgia declares that the personal data transmitted to another Party for the purposes of paragraph 1 of Article 26 of the Second Additional Protocol, shall not be used by it without the previous consent of Georgia.

Hongarije

09-01-2018

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Hungary reserves the right to exclude the application of Article 16 of the Second Additional Protocol in its entirety.
In accordance with Article 15, paragraph 8.d of the Convention, Hungary reserves the right that in case of infringements of the rules of law, the Prosecutor General’s Office accepts and submits requests as the appointed central authority in Hungary.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, Hungary declares that before an agreement is reached under Article 13, paragraph 1, consent from the person concerned referred to in Article 13, paragraph 3, will be required in each case.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 17, the appointed competent authority according to paragraphs 1 and 2 is the International Law Enforcement Cooperation Centre.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 18, the appointed competent authority is the County Chief Prosecutor’s Office which is territorially competent with respect to the execution of the controlled delivery.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, Hungary declares that in applying Article 19, the appointed competent authority is the territorially competent County Chief Prosecutor’s Office.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, Hungary declares that in case of proceedings, where the transmission or use of personal data could be refused or limited in accordance with the provisions of the Convention or one of its protocols, personal data transmitted to another party may only be used for the purposes mentioned in Article 26, paragraph 1, with its previous consent.

Ierland

26-07-2011

Reservations:
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that documents to be served by post on behalf of another State Party must be sent via the Central Authority.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that it does not accept Article 17 (cross-border observations).
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of Ireland declares that it does not accept Article 19 (covert investigations).
Declarations:
In accordance with Article 15, paragraph 8, of the Convention (as substituted by Article 4 of the Second
Additional Protocol), the Government of Ireland declares that all incoming requests shall be sent to the Minister for Justice and Equality as the Central Authority:
Central Authority for Mutual Assistance
Department of Justice and Equality
51 St Stephen's Green
Dublin 2
Fax +353 1 408 6117
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of Ireland declares that it will always require the consent of the detained person before any transfer may take place.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of Ireland declares that the competent authorities for the purpose of this Article (controlled deliveries) are:
- for criminal offences, other than revenue offences:
Garda Commissioner
Garda Headquarters
Phoenix Park
Dublin 8
- for revenue offences:
Chairman
Revenue Commissioners
Dublin Castle
Dublin 2

Israël

20-03-2006

In accordance with Article 4, paragraph 8, of the Second Additional Protocol, the Government of the State of Israel declares that all requests and other communications to it, as mentioned in Article 4, paragraphs 1 to 6, of the Second Additional Protocol, should be sent to the Ministry of Justice, Directorate of Courts, Department of Legal Assistance to Foreign Countries, P.O. Box 34142-91340, Jerusalem.
In accordance with Article 4, paragraph 9, of the Second Additional Protocol (amending Article 15 of the European Convention on Mutual Assistance in Criminal Matters), the Government of the State of Israel declares that at the present time it will accept requests for legal assistance by means of electronic telecommunication in circumstances of extreme urgency only. Acceptance of a request by electronic telecommunication is on condition that the reasons for such urgency are set forth in the request and that the requesting Party transmits, at the same time, the original request in the usual manner. Israel will not accept requests to serve procedural documents and judicial decisions where such requests are transmitted by electronic telecommunication, as this form of transmittal is, in any case, not suitable for such requests.
At the present time, urgent requests for legal assistance may be transmitted by fax transmission addressed to the Director of the Department of International Affairs of the Office of the State Attorney, Ministry of Justice at fax number (972-2-6287-668). All such requests should be headed "Urgent Request for Legal Assistance under the Second Additional Protocol".
In accordance with Article 6 of the Second Additional Protocol, the Government of the State of Israel declares that for the purposes of the Convention and Protocol, the following authorities shall be considered Judicial Authorities:
- any competent court or tribunal
- the Attorney General of the State of Israel
- the State Attorney of the State of Israel
- the Director of the Department of International Affairs of the Ministry of Justice
- the Deputy Director of the Department of International Affairs of the Ministry of Justice.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the State of Israel reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of Article 11, unless it receives prior notice of the nature of the information to be provided and agrees to the transmission.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of the State of Israel declares that the consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of a person held in custody according to Article 13, paragraph 1.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Government of the State of Israel declares that it requires that personal data transmitted to another Party will not be used by that Party for the purposes of paragraph 1 of Article 26 unless with its previous consent.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the State of Israel declares that any document and judicial decision which is of criminal law nature should be forwarded to any person only through the Ministry of Justice of the State of Israel, as set forth in Israel's declaration to Article 4 of the Second Additional Protocol.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the State of Israel declares that it does not accept Article 17.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of the State of Israel declares that the Israeli authorities that are competent for the purpose of Article 18 are : the Director of the Department of International Affairs of the Ministry of Justice; the Inspector General of the Israeli Police; the Head of the Intelligence Division in the Investigation and Intelligence Department in the Israeli Police; the Head of the Special Operations Division in the Intelligence Division in the Investigation and Intelligence Department; the Director of the National Center for the Fight against Drugs and Money Laundering in the Israeli Customs Administration and the Senior Deputy Director General (Investigations) in the Israeli Customs Administration.

Italië

30-08-2019

In accordance with Article 24 of the Convention, as replaced by Article 6 of the Second Additional Protocol, the Government of the Italian Republic declares that the following shall be considered as judicial Authorities for the purposes of the Convention and its Protocols:
- Corte Costituzionale (Constitutional Court) pursuant to article 90, second paragraph, and 134 of the Constitution;
- Comitato parlamentare istituito dall'articolo 12 della legge costituzionale 11 marzo 1953, n. 1 (Parliamentary committee established by article 12 of constitutional law n. 1 of 11 March 1953), when the Constitutional Court has criminal jurisdiction;
- Suprema Corte di cassazione (Supreme Court of Cassation);
- Corti d'appello (Courts of appeal);
- Corti d'assise d'appello (Assizes courts of appeal);
- Tribunali (Courts of first instance);
- Giudici di pace (Justices of the peace);
- Procura generale presso la Suprema Corte di Cassazione (Public prosecutor at the Supreme Court of Cassation);
- Procure generali della Repubblica (Public prosecutors at the courts of appeal);
- Procure della Repubblica (Public prosecutors at the courts of first instance);
- Tribunali per i minorenni (Juvenile courts of first instance);
- Procure della Repubblica presso i tribunali per i minorenni (Public prosecutors at the juvenile courts of first instance);
- Magistrati di sorveglianza (Supervisory magistrates);
- Tribunali di sorveglianza (Supervisory courts).
Pursuant to article 17 of the Second Additional Protocol, the Government of the Italian Republic declares that:
a. the request for assistance referred to in article 17, paragraph 1, and the notification referred to in article 17, paragraph 2, letter a., must be sent to the Ministry of Justice;
b. the officers that may be empowered to conduct cross-border observations are judiciary police officers and agents determined in accordance with applicable national legislation.

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.

Kroatië

28-03-2007

Concerning Article 4, paragraph 8, of the Second Additionnal Protocol, the Republic of Croatia declares that all the requests and other communications referred to in paragraphs 1 to 6 of Article 4 of the Second Additional Protocol should be forwarded to the Ministry of Justice.
Concerning Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Croatia declares that it will not apply the provisions of this article to hearings by video conference involving the accused person or the suspect.
Concerning Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Croatia declares that the consent referred to in Article 13, paragraph 3, will be required before an agreement on a temporary transfer of a person held in custody is reached under Article 13, paragraph 1.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Croatia declares that it requires that personal data transmitted to another Party not be used by that Party for the purposes referred to in paragraph 1 of Article 26, without its previous consent.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Croatia declares that it does not accept Articles 17, 18 and 19.
Concerning Article 6 of the Second Additional Protocol, the Republic of Croatia declares that for the purposes of the Convention and the Protocol, courts and state attorneys, shall be deemed judicial authorities.

Letland

30-03-2004

In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Latvia declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of said Article 11.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Latvia declares that before an agreement is reached under paragraph 1 of said Article 13, the consent referred to in paragraph 3 of said Article 13 will be required.
In accordance with paragraph 5 of Article 26 of the Second Additional Protocol, the Republic of Latvia requires that personal data transmitted to another Party is not used by the receiving Party for the purposes of paragraph 1 of Article 26 unless with its previous consent.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Latvia declares that it does not accept Article 17 of the said Protocol.

16-09-2010

In accordance with Article 19 of the Second Additional Protocol, the Republic of Latvia declares that:
- the competent authority during pre-trial investigations is:
Prosecutor - General Office
Kalpaka Boulevard 6
Riga, LV-1801
Latvia
Phone: +371 704 4400
Fax: +371 704 4449
Email: gen@lrp.lv
- the competent authority prior to prosecution is:
Ministry of Interior
Ciekurkalna 1st line 1, k-2
Riga, LV-1026
Latvia
Phone: +371 67219263
Fax: +371 67829686
E-mail: kanceleja@iem.gov.lv
Website : www.iem.gov.lv
In accordance with Article 18 of the Second Additional Protocol, the Republic of Latvia declares that the competent authority is:
Ministry of Interior
Ciekurkalna 1st line 1, k-2
Riga, LV-1026
Latvia
Phone: +371 67219263
Fax: +371 67829686
E-mail: kanceleja@iem.gov.lv
Website : www.iem.gov.lv

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
[…]

Liechtenstein

25-09-2020

The Principality of Liechtenstein declares that it will deem as the Liechtenstein administrative authorities for the purposes of Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters the Government and its subordinate offices, staff units as well as the Financial Market Authority, which under Liechtenstein law can investigate offences and are empowered, once the investigation is concluded, to ask for the opening of judicial proceedings that may result in a conviction.
The Principality of Liechtenstein declares in accordance with Article 6 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the Courts of law and the Office of the Public Prosecutor shall be regarded as Liechtenstein judicial authorities for the purpose of the Convention and the Protocol.
The Principality of Liechtenstein declares in accordance with Article 17, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the national Police shall be the competent authority for receiving and executing requests under Article 17.
The Principality of Liechtenstein declares in accordance with Article 18, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the National Police shall be the competent authority for receiving and executing requests under Article 18.
The Principality of Liechtenstein declares in accordance with Article 19, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that the Court of Justice is the competent authority to execute requests under Article 19.
The Principality of Liechtenstein declares in accordance with Article 26, paragraph 5, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters that Liechtenstein requires that the personal data transmitted by it to another Party for the purposes indicated in Article 26, paragraph 1, letters a and b, cannot be used without the consent of the person concerned except with the agreement of the member of the Government of the Principality of Liechtenstein responsible for Justice for the purposes of procedures for which Liechtenstein could have, according to the terms of the Convention or the Protocol, refused or limited the transmission or the use of personal data.

Litouwen

06-04-2004

In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Lithuania declares that the personal data transmitted to another Party for the purposes of Article 26, paragraph 1, of the Protocol, may not be used without the previous consent of the Republic of Lithuania.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Lithuania declares that it avails itself of the right not to accept Articles 16 and 17 of the Protocol.
In accordance with Article 18, paragraph 4 and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Lithuania declares that the Prosecutor's General Office of the Republic of Lithuania is the competent authority for the purposes of Article 18 and Article 19 of the Protocol.
In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the Republic of Lithuania declares that territorial County Prosecutor's Offices, the Court of Appeal of Lithuania, district and county courts shall perform the functions provided in Article 15 of the Convention.
In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 6 of the Second Additional Protocol, the Republic of Lithuania declares that the General Prosecutor's Office of the Republic of Lithuania, the territorial County Prosecutor's Offices of the Republic of Lithuania, the Court of Appeal of Lithuania, district and county courts are judicial authorities for the purposes of the Convention.

18-08-2020

The Ministry of Foreign Affairs of Lithuania informs that, on 21 May 2020, the Seimas of the Republic of Lithuania adopted the Law No. XIII-2978 amending he text of the declarations of the Republic of Lithuania made in the instrument of ratification deposited on 6 April 2004. Accordingly, the entire text of the revised declarations, as well as the unaffected reservation of the Republic of Lithuania made in the instrument of ratification deposited on 6 April 2004 shall read as follows:
Reservation of the Republic of Lithuania:
Acting pursuant to Article 33, paragraph 2, of the Protocol, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania avails itself of the right not to accept Articles 16 and 17 of the Protocol.
Declarations of the Republic of Lithuania:
Acting pursuant to paragraph 6 of Article 15 of the European Convention on Mutual Assistance in Criminal Matters (hereinafter the ‘Convention’), as replaced by Article 4 of the Protocol, the Seimas of the Republic of Lithuania designates as competent authorities to whom requests for copies of convictions and measures referred to in Article 4 of the Additional Protocol to the Convention may be made the courts which have passed these convictions.
Acting pursuant to point d of paragraph 8 of Article 15 of the Convention, as replaced by Article 4 of the Protocol, the Seimas of the Republic of Lithuania designates as competent authorities the following:
1) the Prosecutor General’s Office of the Republic of Lithuania for the purposes of receiving and addressing requests in accordance with paragraph 2 of Article 15 of the Convention as replaced by Article 4 of the Protocol;
2) the Information Technology and Communications Department under the Ministry of the Interior of the Republic of Lithuania for the purposes of receiving requests for information relating to criminal records in accordance with paragraph 2 of Article 13 of the Convention.
Acting pursuant to Article 24 of the Convention, as replaced by Article 6 of the Protocol, the Seimas of the Republic of Lithuania designates the Prosecutor General’s Office of the Republic of Lithuania, territorial prosecutor’s offices, the Court of Appeal of Lithuania, regional and district courts as judicial authorities for the purposes of the Convention and its additional protocols.
Acting pursuant to paragraph 4 of Article 18 and paragraph 4 of Article 19 of the Protocol, the Seimas of the Republic of Lithuania designates the Prosecutor General’s Office of the Republic of Lithuania as a competent authority for providing mutual assistance for the purposes of Articles 18 and 19 of the Protocol.
Acting pursuant to paragraph 5 of Article 26 of the Protocol, the Seimas of the Republic of Lithuania makes a declaration that the Republic of Lithuania does not authorize the use of personal data transmitted to another Party for the purposes of paragraph 1 of Article 26 of the Protocol without the previous consent of the Republic of Lithuania.

07-09-2021

Declarations of the Republic of Lithuania relating to the competence of the European Public Prosecutor's Office:
1. 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 and acting in compliance with Article 24 of the Convention, as amended by Article 6 of the Protocol, the Seimas of the Republic of Lithuania 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, as amended by Article 4 of the Protocol, the Seimas of the Republic of Lithuania 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 a request for mutual assistance 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.
3. In accordance with Article 15 of the Convention, as amended by Article 4 of the Protocol, the Seimas of the Republic of Lithuania 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 the Republic of Lithuania, shall be transmitted by the Prosecutor General's Office of the Republic of Lithuania.
4. In accordance with Article 33(2) of the Protocol, the Seimas of the Republic of Lithuania 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 Lithuania, act in the capacity of a competent authority in accordance with Article 20 of the Protocol, only with the prior consent of the Prosecutor General's Office of the Republic of Lithuania and in accordance with Council Regulation (EU) 2017/1939 and the applicable national law.
Legal effects of a declaration of the Republic of Lithuania in accordance with Article 24 of the Convention, as amended by Article 6 of the Protocol
With reference to a declaration made in accordance with Article 24 of the Convention, as amended by Article 6 of the Protocol, 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 State of the competent European Delegated Prosecutor whose powers and functions are 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 of the competent European Delegated Prosecutor 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 case 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, as amended by Article 6 of the Protocol, 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, as amended by Article 3 of the Protocol, and under Articles 13. 14 and 23 of the Protocol 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.

Luxemburg

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

12-04-2012

Pursuant to Article 17 of the Second Additional Protocol, Malta avails itself of the opportunity afforded by Article 33, paragraph 2, to accept the use of cross-border observations provided this measure is xecuted
under supervision of the Maltese competent authorities.
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, Malta declares that it does not meet requests for hearing by videoconference involving the accused person or the suspect.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, Malta declares that consent as mentioned in Article 13, paragraph 3, will be required prior to an agreement on temporary transfer of person held in custody according to Article 13, paragraph 1.
Pursuant to paragraph 4 of Articles 17, 18 and 19 of the Second Additional Protocol, Malta declares that the Attorney General's Office is designated as the Maltese judicial authority responsible for receiving requests for assistance involving the use of these measures.

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.

Moldavië

08-08-2013

In accordance with Article 15, paragraph 8, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Republic of Moldova declares that all the requests for mutual assistance have to be forwarded to the Ministry of Justice and to the Office of the General Prosecutor.
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4, paragraph 9, of the Second Additional Protocol, the Republic of Moldova declares that the requests for legal assistance can be forwarded through any electronic or other means of telecommunication under the condition that the requesting party shall forward the original request at the same time.
In accordance with Article 6 of the Second Additional Protocol, the Republic of Moldova declares that for the purposes of the Convention and Protocol, it considers as judicial authorities: the Supreme Court of Justice, the Courts of Appeal and other judiciary courts, the Office of the General Prosecutor and other prosecution authorities, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Moldova declares that it will not be bound by the conditions imposed by the providing Party under Article 11, paragraph 2, of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Moldova declares that it will grant the temporary transfer of the detained persons only with the consent of those persons.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph 1 and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph I and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Moldova designates as competent authorities for the application of paragraph 1 and paragraph 2 of the mentioned Article: the Office of the General Prosecutor, the Ministry of Internal Affairs, the Custom Service, the National Anticorruption Centre, the Security and Information Service.
In accordance with Article 20 of the Second Additional Protocol, the Republic of Moldova declares the Office of General Prosecutor as competent authority to set up a joint investigation team.
In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Moldova declares that, in proceedings for which the Republic of Moldova could have refused or limited the transfer or use of personal data in accordance with the provisions of the Convention or its Protocols, the personal data which it transfers to another Party can not be used by the latter for the purposes referred to Article 26, paragraph 1, of the Protocol without its prior consent.
In accordance with Article 27 of the Second Additional Protocol, the Republic of Moldova declares that for the purposes of Article 1, paragraph 3, of the Convention, as administrative authorities are designated the judicial authorities.

17-07-2023

The Republic of Moldova withdraws the second paragraph of its declarations to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, contained in the instrument of ratification deposited on 8 August 2013.

Montenegro

20-10-2008

In accordance with Article 6 of the Second Additional Protocol, Montenegro declares that it considers the courts and the State Prosecutor as judicial authorities for the purpose of the Convention.

In accordance with Article 33 of the Second Additional Protocol, Montenegro declares that it will not apply the provisions of Article 16 of the Protocol.

In accordance with Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, Montenegro designates the State Prosecutor as the central authority for the implementation of the provisions of the Protocol.

Nederlanden, het Koninkrijk der

20-12-2010

In accordance with Article 32, paragraph 1, of the Protocol, the Kingdom of the Netherlands declares that it accepts the Second Additional Protocol for the European part of the Netherlands.
In the European part of the Netherlands, the authority designated competent for the purposes of Article 4, paragraph 6, of the Protocol is:
The International Legal Assistance (Criminal Matters) Division (AIRS)
Ministry of Justice
Postbus 20301
2500 EB Den Haag
Tel.: +31 (0)70 370 7314 / 370 7433
Fax: +31 (0)70 370 7945
The Government of the Netherlands accepts, for the European part of the Netherlands, the use of electronic or other means of telecommunication to forward requests for legal assistance and any other communications as referred to in Article 4, paragraph 9, of the Protocol, provided that the request or communication is forwarded as soon as possible in its original written form.
Pursuant to Article 9, paragraph 9, of the Protocol, the Government of the Netherlands declares, for the European part of the Netherlands, that it wishes to avail itself of the possibility of excluding the use of hearings by video conference involving suspects.
Pursuant to Article 13, paragraph 7, of the Protocol, the Government of the Netherlands declares, for the European part of the Netherlands, that a detained person may be temporarily transferred, in compliance with a request for legal assistance, to the requested Party only with the consent of the person concerned.
Pursuant to Article 17, paragraph 4, of the Protocol, the persons designated in the European part of the Netherlands as officers for the purposes of Article 17, paragraphs 1 and 2, of the Protocol are the officers appointed to carry out police tasks, and, subject to the conditions laid down in relevant bilateral agreements as referred to in Article 17, paragraph 5, with respect to their competences concerning the illicit traffic in narcotic drugs and psychotropic substances, breaches of the laws on arms and explosives, and the illicit carriage of toxic and dangerous waste, officers of the Fiscal Information and Investigation Service (FIOD), who are competent with regard to import duties and excise.
Pursuant to Article 17, paragraph 4, of the Protocol, the body designated in the European part of the Netherlands as the authority for the purposes of Article 17, paragraphs 1 and 2, of the Protocol is:
The National Public Prosecutor for Cross-Border-Observation
International Police Intelligence Department (IPOL)
Dutch Police Services Agency (KLPD)
Europaweg 45
2711 EM Zoetermeer
Tel.: +31 (0)79 345 9214
Fax: +31 (0) 79 345 9202
The competent authority designated in the European part of the Netherlands as the authority for the purposes of Article 18, paragraph 4, and Article 19, paragraph 4, of the Protocol is the Public Prosecutor.
The persons designated in the European part of the Netherlands as administrative authorities for the purposes of Article 27 of the Protocol are the Public Prosecuror and:
The Central Fine Collection Agency (CJIB)
Postbus 1794
8901 CB Leeuwarden
Tel.: +31 (0)58 215 9555
Fax: +31 (0)58 215 6038

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.

Noord-Macedonië

16-12-2008

In accordance with Article 4, paragraph 8.b, of the Second Additional Protocol, the Republic of Macedonia declares that all requests and other written notices, except urgent requests, should be delivered to the Ministry of Justice as the competent authority.

In accordance with Article 4, paragraph 9, of the Second Additional Protocol, the Republic of Macedonia declares that it will accept and execute requests received by electronic or other means of telecommunication, whereupon a copy of that requests is sent by facsimile and the original is submitted by post.

In accordance with Article 4, paragraph 6, of the Second Additional Protocol, the Republic of Macedonia declares that the competent authority for the implementation of this paragraph is the Ministry of Justice.

In accordance with Article 6 of the Second Additional Protocol, the Republic of Macedonia declares that the competent authorities for the purposes of the Convention and this Protocol are the courts of first instance with extended competence.

In accordance with Article 13 of the Second Additional Protocol, the Republic of Macedonia declares that, in case of temporary transfer, the consent of the person contained, in a procès-verbal, is required before an agreement on a temporary transfer of the person held in custody is reached between the competent authorities under paragraph 1 of the same article.

In accordance with Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Macedonia designates as the competent authority for the implementation of the provisions of the Protocol: the Public Prosecutor's Office of the Republic of Macedonia (Department for organized crime, Boulevard Krste Misirkov bb - 1000 Skopje, Republic of Macedonia; Phone: +389(0)3219 850; Fax: +389(0)3219 866).

In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Macedonia declares that it requires that the personal data transmitted to another Party not be used by that Party for the purposes of Article 26, paragraph 1, of this Protocol without the previous consent of the competent authorities of the Republic of Macedonia.

In accordance with Article 27 of the Second Additional Protocol, the Republic of Macedonia declares that the administrative authorities and other relevant authorised authorities for the supervision of the implementation of laws which can investigate offences and are empowered when the investigation is concluded, to pass sanctions in that proceedings, have the status of administrative authorities for the purpose of Article 27 of this Protocol.

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Macedonia declares that it will not apply the provisions of Article 16 which refers to the acceptance of the delivery by post of procedural documents or judicial decisions by the competent authority of any Party to persons who are in the territory of the Republic of Macedonia.

Noorwegen

08-11-2001

In accordance with Article 9, paragraph 9, of the Protocol, Norway declares that it will not apply the provisions of this article to hearings by video conference involving the accused person or the suspect.
In accordance with Article 13 of the Protocol, Norway declares that before an agreement is reached under paragraph 1 of this article, the consent referred to in paragraph 3 of this article will be required.
In accordance with Article 33, paragraph 2, of the Protocol, Norway declares that it does not accept Articles 17-20.

06-11-2012

In accordance with Article 33, paragraph 2, of the Protocol, the Kingdom of Norway declares that it avails itself of the right not to accept Article 16.
In accordance with Article 4, paragraph 9, of the Protocol, the Kingdom of Norway declares that requests for legal assistance forwarded by the use of electronic or other means of telecommunication will be accepted provided that the request is forwarded as soon as possible in its original written form.
In accordance with Article 13, paragraph 7, of the Protocol, the Kingdom of Norway declares that the consent from the person concerned is required if he or she is sought temporarily transferred for other purposes than being heard as a witness or for purposes of confrontation. The same applies for temporary transfer in accordance with the European Convention on Mutual Assistance in Criminal Matter (Article 11) as amended by the Second Additionnal Protocol (Article 3).
In accordance with Article 17, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent autority for the purposes of Article 17, paragraphs 1 and 2, is the National Criminal Investigation Service.
In accordance with Article 18, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent authority for the purposes of Article 18 is the National Authority for Prosecution of Organised and other Serious Crime.
In accordance with Article 19, paragraph 4, of the Protocol, the Kingdom of Norway declares that the competent authority for the purposes of Article 19, paragraph 2, is the Chief of Police in Oslo.

29-08-2013

In accordance with Article 26, paragraph 5, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Kingdom of Norway declares that personal data transmitted to another Party may not be used by the latter for the purposes of paragraph 1 unless with previous consent from Norwegian authorities.

Oekraïne

14-09-2011

Reservations:
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 16.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 17.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Ukraine declares that it shall enjoy the right not to accept Article 19.
Declarations:
In accordance with Article 3 of the Second Additional Protocol, Ukraine declares that the authorities, which are authorised under paragraph 2 of Article 11, as amended in Article 3 of the Second Additional Protocol, shall be the Ministry of Justice of Ukraine (in cases at the stage of judicial investigation) and the General Prosecutor's Office of Ukraine (in cases at the stage of pre-trial investigation).
Ukraine declares that, in cases specified in paragraphs 1, 2 and 5 of Article 15 of the Convention, as amended in Article 4 of the Second Additional Protocol, if the direct channels of communication are not used the request in cases at the stage of judicial investigation shall be addressed to the Ministry of Justice of Ukraine, and the request at the stage of pre-trial investigation - to the General Prosecutor's Office of Ukraine.
Ukraine declares that requests for mutual assistance under paragraphs 1, 3 (except for requests of
administrative authorities) and 5 of Article 15 of the Convention, as amended in Article 4 of the Second
Additional Protocol, shall be directly addressed through the main departments of justice (in cases at the stage of judicral investigation) and through prosecutor's offices of regional level (in cases at the stage of pre-trial investigation).
Ukraine declares that the competent authorities for the direct receipt of requests under paragraph 6 of Article 15 of the Convention, as amended in Article 4, of the Second Additional Protocol, in Ukraine shall be courts that deliver judgements in individual case.
In accordance with Article 15, paragraph 8, subparagraph d, of the Convention, as amended in Article 4 of the Second Additional Protocol, Ukraine reserves the right to perform the request of administrative authorities of the Parties referred to in paragraph 3 of Article 1 and paragraph 3 of Article 15 of the Convention, as amended in the Protocol, where they are addressed to the General prosecutor's Office of Ukraine.
In accordance with Article 15, paragraph 9, of the Convention, as amended In Article 4 of the Second Additional Protocol, Ukraine agrees to accept and perform requests received through electronic or other means of communication, provided that the Requesting Party shall ensure the prompt provision of a written original of this request. Materials received as a result of the performance of such a request shall be provided to the Requesting Party after the receipt of the original request.
For the purposes of Article 24 of the Convention, as amended in Article 6 of the Second Additional Protocol, Ukraine considers courts of general jurisdiction, prosecutors of all levels and authorities of pre-trial investigation as "judicial authorities".
Ukraine reserves the right not to be bound by the conditions imposed by the providing Party, which provides information pursuant to paragraph 2 of Article 11 of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
Ukraine declares that the consent of a person referred to in Article 13, paragraph 3, of the Second Additional Protocol, shall be obtained before an agreement between the competent authorities in accordance with paragraph 1.
For the purposes of Article 18 of the Second Additional Protocol, the competent authorities in Ukraine are departments of the Ministry of Internal Affairs of Ukraine, of the Security Service of Ukraine and of the State Border Service of Ukraine.
In accordance with Article 20 of the Second Additional Protocol, the authority in Ukraine which decides on setting up a joint investigation team shall be the General Prosecutor's Office in Ukraine.
Ukraine delares that personal data transferred to another Party can not be used without previous consent of Ukraine for the purposes specifiec in Article 26, paragraph 1, of the Second Additional Protocol, within the framework of proceeding for which Ukraine may refuse or limit the transmission or use of personal data under the Convention or Protocols to it.

10-07-2013

Ukraine hereby communicates:
- the list of the territorial bodies of the Ministry of Justice of Ukraine which are competent to send a request for mutual legal assistance in criminal matters (in the cases under trial), in accordance with Article 15, paragraphs 1, 3 (except for requests for administrative bodies) and 5 of the Convention as amended by Article 4 of the Second Additional Protocol (Annex 1), and
- the list of courts of Ukraine which are competent to receive requests under Article 15, paragraph 6, of the Convention as amended by Article 4 of the Second Additional Protocol (Annex 2).
[The above-mentioned Annexes 1 and 2 are available in PDF format on the website of the Treaty Office of the Council of Europe.]

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.

14-03-2017

Date update of contact information: 30-05-2017 (for lists see website depositary)
Ukraine communicates the list of judicial authorities of Ukraine and the list of main territorial departments of the Ministry of Justice of Ukraine authorised to send and to receive requests for mutual assistance in criminal matters subject to requirements of Article 4 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.

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

Oostenrijk

10-11-2017

In accordance with Article 6, Austria declares that it will regard as judicial authorities the Criminal Courts, the Public Prosecution Services as well as the Federal Ministry of Justice.
In accordance with Article 17, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as competent officials for the implementation of a cross-border observation.
In accordance with Section 55, paragraph 1, of the Federal Act of 4 December 1979 on Extradition and Mutual Legal Assistance, Federal Law Gazette Nr.529/1979, the Austrian authority competent for granting cross-border observations is the Public Prosecution Service where crossing of the border is expected to take place or where the observation will begin; in case of an observation of an incoming aircraft, the Public Prosecution Service where landing will take place. Should determination of a competent authority not be possible under these rules, the Vienna Public Prosecution Service is the competent authority for granting cross-border observations.
In accordance with Article 18, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as well as the officials of the customs law enforcement authorities as competent officials for the implementation of a controlled delivery. Austria declares that the authority competent for granting requests under Article 18 is the Public Prosecution Service where crossing of the border is expected to take place or where the controlled delivery will begin.
In accordance with Article 19, Austria declares that the Public Prosecution Service where the operation is expected to begin is the competent authority for requests under Article 19.
In accordance with Article 27, Austria declares that the competent administrative authorities within the meaning of Article1, paragraph 3, of the Second Additional Protocol are the district administrative authorities having territorial jurisdiction (district chief officers' departments or bodies of a city with a status of its own); however, in matters falling within the remit of the Land police departments in a local authority area in respect of which the Land police department is also the security authority of first instance, the Land police departments as well as the local fiscal law enforcement authorities (tax and customs authorities) are the competent administrative authorities.

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.

16-02-2021

In accordance with Article 18, paragraph 4, of the Second Additional Protocol, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as well as the officials of the Customs Authority Austria in its capacity as fiscal law enforcement authority as competent officials for the implementation of a controlled delivery. Austria declares that the authority competent for granting requests under Article 18 of that Protocol is the Public Prosecution Service where crossing of the border is expected to take place or where the controlled delivery will begin.
In accordance with Article 27 of the Second Additional Protocol, Austria declares that the competent administrative authorities within the meaning of Article 1, paragraph 3, of the Convention as amended by Article 1 of the Second Additional Protocol are the district administrative authorities having territorial jurisdiction (district chief officers' departments or bodies of a city with a status of its own); however, in matters falling within the remit of the Land police departments in a local authority area in respect of which the Land police department is also the security authority of first instance, the Land police departments as well as the fiscal law enforcement authorities (Anti-Fraud Office and Customs Authority Austria) are the competent administrative authorities.
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Austria declares that these declarations took effect on 1 January 2021.

Polen

09-10-2003

In accordance with Article 33, paragraph 2, the Republic of Poland declares that it will not execute the requests concerning the cross-border observations (Article 17).
In accordance with Article 4, paragraph 8, the Republic of Poland declares that it reserves the right to make the execution of requests for mutual assistance dependant on the following conditions: the requests for mutual assistance concerning the hearing of witnesses or experts by video conference or telephone conference, shoud be transmitted via the Ministry of Justice of Poland (Article 4, paragraph 8, letter d).
In accordance with Article 9, paragraph 9, the Republic of Poland declares that it will not avail itself of the possibility of hearing by video conference the accused person or the supect (Article 9, paragraph 8).
In accordance with Article 13, paragraph 7, the Republic of Poland declares that it avails itself of the possibility not to proceed to the enforcement of a request of a temporary transfer of a person detained on the territory of the requesting Party, when this person does not consent to the transfer.
In accordance with Article 18, paragraph 4, and with Article 19, paragraph 4, the Republic of Poland declares that the competent authority for the purposes of the enforcement of the requests mentioned by these articles is: "Komendant Glowny Policji".

Portugal

16-01-2007

In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Republic of Portugal declares that the authority designated for the purpose of paragraphs 1 and 2 of this article is the «Procuradoria Geral da República».
In accordance with Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Portugal declares that the competent authority for the purpose of Article 18 and Article 19, paragraph 2, of this Protocol, is the «Procuradoria Geral da República».

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.

Roemenië

29-11-2004

In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the requests for international mutual assistance and the judicial documents may be transmitted through electronic means of communication or any other telecommunication means, on condition that the requesting Party transmits, at the same time, the original request and/or acts.
In accordance with Article 15 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 4 of the Second Additional Protocol, the central authorities for Romania are the Ministry of Justice for requests for mutual assistance formulated during the trial, and the Prosecutor's Office of the High Court of Cassation and Justice for requests formulated respectively during investigations and prosecutions. For the requests for mutual assistance refered to in Article 15, paragraph 3, of the European Convention, the central authority is the Ministry of Administration and Interior.
In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, as amended by Article 6 of the Second Additional Protocol, the Romanian judicial authorities are the courts and the prosecutor's offices to the courts.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, to achieve the agreement stipulated by paragraph 1 of Article 13, the consent as provided for in paragraph 3 of Article 13 will be required.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, police officers are designated as competent officers within the Ministry of Administration and Interior for the purposes of paragraphs 1 and 2 of Article 17. The competent central authority for receiving requests for mutual assistance foreseen in Article 17, paragraphs 1 and 2, is the Ministry of Justice.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the competent authority for the purposes of Article 18 is the Prosecutor's Office to the High Court of Cassation and Justice. Controlled deliveries subject to a request for international mutual assistance addressed to Romania must be authorised by the competent prosecutor, in accordance with the Romanian law.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the competent authority for the purposes of Article 19 is the Prosecutor's Office to the High Court of Cassation and Justice. The conduct of criminal covert investigations, on the basis of a request for international mutual assistance addressed to Romania, must be authorised by the competent prosecutor, in accordance with Romanian law.

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.

Russische Federatie

16-09-2019

Pursuant to Article 33, paragraph 2, of the Protocol, the Russian Federation reserves the right not to apply the provisions of Article 16, 17 and 19 of the Protocol.
Pursuant to paragraph 2 of Article 33 of the Protocol, the Russian Federation reserves the right to apply the provisions of Articles 18 and 20 of the Protocol, on condition of achievement of the arrangement according to Article 21 of the Protocol that officials of the Party other than the Party of carrying out operation are immune from jurisdiction of the Party of carrying out operation concerning the actions committed by them in the performance of their official duties.
1. The Russian Federation declares pursuant to Article 15 of the European Convention on Mutual Legal Assistance in Criminal Matters (hereinafter - the Convention) in the wording of Article 4 of the Protocol:
a) the central bodies authorized on the direction and receiving the requests containing a request for legal assistance in criminal cases (hereinafter referred to as a request for legal assistance), as well as information transferred without a request, are:
- The Supreme Court of the Russian Federation - on issues of judicial activities of the Supreme Court of the Russian Federation in criminal matters;
- The Ministry of Justice of the Russian Federation - on the issues of judicial activities of all courts in criminal matters (with the exception of the Supreme Court of the Russian Federation);
- The Investigation Committee of the Russian Federation, the Ministry of the Interior of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Customs Service - in cases of crimes within their jurisdiction;
- The Prosecutor General’s Office of the Russian Federation on other issues of legal assistance in criminal matters;
b) the central authorities execute requests for legal assistance directly or through their competent authorities. When these competent authorities fulfil requests for legal assistance, the central authorities facilitate their prompt and proper performance;
2. The Russian Federation declares pursuant to paragraph 6 of Article 15 of the Convention in edition of Article 4 of the Protocol that the competent authority authorized for consideration and the direction of requests for submission of copies of the sentences and documents on taking measures provided by Article 4 of the Additional protocol to the European Convention on Mutual Legal Assistance in Criminal Matters is the Ministry of Justice of the Russian Federation;
3. The Russian Federation declares pursuant to paragraph 8 of Article 15 of the Convention in edition of Article 4 of the Protocol that it reserves the right to execute requests for legal assistance, the originals of which are sent to the central authorities in accordance with their competence. In urgent cases, the originals of such requests are sent to the competent authority with simultaneous submission of their copies to the relevant central authority. Requests for a search of dwelling, for an arrest of property, for a temporary transfer of a detained person, as well as other requests for legal assistance affecting the fundamental rights and freedoms of a person and citizen and requiring a court or prosecutor’s decision, are sent to the General Prosecutor’s Office of the Russian Federation;
4. The Russian Federation declares pursuant to paragraph 9 of Article 15 of the Convention in edition of Article 4 of the Protocol, a request for legal assistance is accepted for execution after its receipt by telex, fax, e-mail or other similar type of communication. At the same time the Party that sent the request in such a way shall submit its original as soon as possible. Informing about the results of the execution of the request is carried out only under the condition of receiving its original;
5. The Russian Federation declares pursuant to Article 24 of the Convention in edition of Article 6 of the Protocol that courts, bodies of prosecutor's office, inquiry and preliminary investigation are considered as judicial bodies in the Russian Federation;
6. The Russian Federation declares pursuant to paragraph 5 of Article 9 of the Protocol that the interrogation is carried out by the judicial authorities of the requesting Party in accordance with its legislation, the norms of which should not contradict the fundamental principles of legislation of the requested Party, under the supervision of the authorized body of the requested Party. Data about the judicial authorities of the requesting Party conducting the interrogation are fixed in the relevant procedural documents drawn up during the interrogation;
7. The Russian Federation proceeds from the understanding that the provisions of Articles 9 and 10 of the Protocol relating to interrogation by means of video conference or a conference call may be used for interrogating a victim in a criminal case;
8. The Russian Federation declares pursuant to paragraph 4 of Article 11 of the Protocol that it reserves the right not to fulfil the conditions determined in accordance with paragraph 2 of Article 11 of the Protocol by the providing Party, unless it receives prior notification of the nature of the provided information and agrees to its transfer;
9. The Russian Federation declares pursuant to paragraph 7 of Article 13 of the Protocol that before agreement is reached in accordance with paragraph 1 of Article 13 of the Protocol, the consent specified in paragraph 3 of Article 13 of the Protocol is required;
10. The Russian Federation declares pursuant to paragraph 5 of Article 26 of the Protocol that in case when the Russian Federation could refuse to transfer or restrict the transfer or use of personal data in accordance with the provisions of the Convention or one of its protocols, personal data transferred to the other Party, cannot be used by this Party for the purposes specified in paragraph 1 of Article 26 of the Protocol, without the prior consent of the Russian Federation;
11. The Russian Federation declares pursuant to Article 27 of the Protocol that for the purposes of paragraph 3 of Article 1 of the Convention, the following are considered as administrative bodies:
- The Supreme Court of the Russian Federation - on the judicial activities of the Supreme Court of the Russian Federation;
- The Ministry of Justice of the Russian Federation - on the judicial activities of all courts (with the exception of the Supreme Court of the Russian Federation);
- The Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Customs Service — on the legal proceedings related to their administrative activities;
- The Prosecutor General's Office of the Russian Federation - on other issues.
For the purposes of Article 18 of the Second Additional Protocol, the Russian Federation defines the following central bodies authorized to carry out controlled delivery:
- the Investigation Committee of the Russian Federation, the Ministry of the Interior of the Russian Federation, the Federal Customs Service – in case of crimes within their jurisdiction;
- the Prosecutor General’s Office of the Russian Federation on other issues of legal assistance in criminal matters.

18-12-2019

With reference to Article 18, paragraph 4, of the Second Additional Protocol and pursuant to the Federal Law of the Russian Federation of 6 June 2019 No. 120-FZ “On the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters”, the Russian Side excludes the following central bodies authorised to carry out controlled delivery:
- the Investigation Committee of the Russian Federation;
- the Prosecutor General’s Office of the Russian Federation.

09-04-2020

With reference to Article 18, paragraph 4, of the Second Additional Protocol and pursuant to the Federal Law of the Russian Federation of 6 June 2019 No. 120-FZ “On the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters”, the Russian Side defines the following central bodies authorised to carry out controlled delivery:
- the Ministry of Interior of the Russian Federation;
- the Federal Security Service of the Russian Federation,
- the Federal Customs Service of the Russian Federation.

Servië

26-04-2007

In accordance with Article 6 of the Second Additionnal Protocol, the Republic of Serbia declares that for the purposes of the Convention and Protocol, the following authorities shall be considered as judiciary organs:
1. regular courts
2. public i.e. state prosecutors offices.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Serbia declares that it does not accept the implementation of the provisions of Article 16 of the Protocol.
In accordance with Article 17, paragraphs 1 and 2, of the Second Additionnal Protocol, the Republic of Serbia declares that the authorities competent for the purposes of Article 17 are:
- Republic Office of the Prosecutor of the Republic of Serbia
Nemanjina St. 22-24
11000 Belgrade
Tel: +381 11 3613 734
Fax: + 381 11 3616 558
- Ministry of Interior
Kneza Miliosa St. 101
11000 Belgrade
Tel: +381 11 3062 000
Fax: + 381 11 3617 814
In accordance with Article 18, paragraph 4, of the Second Additionnal Protocol, the Republic of Serbia declares that the authority competent for the purposes of Article 18 is:
. Republic Office of the Prosecutor of the Republic of Serbia
Nemanjina St. 22-24
11000 Belgrade
Tel: +381 11 3613 734
Fax: + 381 11 3616 558
In accordance with Article 19, paragraph 2, of the Second Additionnal Protocol, the Republic of Serbia declares that the authorities competent for the purposes of Article 19 are:
- Republic Office of the Prosecutor of the Republic of Serbia
Nemanjina St. 22-24
11000 Belgrade
Tel: +381 11 3613 734
Fax: + 381 11 3616 558
- Ministry of Interior
Kneza Miliosa St. 101
11000 Belgrade
Tel: +381 11 3062 000
Fax: + 381 11 3617 814

Slovenië

26-03-2013

Pursuant to Article 18, paragraph 4, of the Protocol, the Republic of Slovenia declares that the competent authorities for the purposes of Article 18 are the Ministry of the Interior - Police, the competent State Prosecution Office and the competent Court - Investigation Judge.
Pursuant to the Article 19, paragraph 4, of the Protocol, the Republic of Slovenia declares that competent authorities for the purposes of Article 19, paragraph 2 the Ministry of the Interior - Police, the competent State Prosecution Office and the competent Court - Investigation Judge.
Pursuant to the Article 27 of the Protocol, the Republic of Slovenia declares that the administrative authorities for the purpose of the Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters are the authorities that, in accordance with national legislation of the Republic of Slovenia, carry out supervisory tasks over the implementation of regulations and are in this regard competent to make decisions about minor offences.
In accordance with Article 17, paragraph 4, of the Protocol, the Republic of Slovenia declares that the competent authority for the purposes of paragraphs 1 and 2 of the Article 17 is:
Ministry of the Interior
Police
General Police Directorate
Criminal Police Directorate
Stefanova 2
1000 Ljubljana
The authority responsible for receiving the requests under the Article 17 is:
Criminal Police Directorate
International Police Cooperation Division
24/7 Mobile no.: +386 41 713 680
N.C. tel.no.: +386 1 428 4780
Fax: +386 1 251 7516
e-mail: interpol.ljubljana@policija.si
sirene.slovenija@policija.si
Stefanova 2
1000 Ljubljana

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.

Slowakije

11-01-2005

In accordance with Article 15, paragraph 8, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that requests under Article 15, paragraphs 1, 3 and 4 shall be addressed to the District Prosecutor's Office for the district where the requested assistance shall be carried out. A copy of the request shall be sent to the General Prosecutor's Office.
If the requesting authority requires to serve the documents on the addressee in the Slovak Republic by the court, the request may be addressed directly to the district court for the district where the addressee resides.
Spontaneous information under Article 11 of the Second Additional Protocol and requests under Article 15, paragraph 5, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, shall be addressed to the General Prosecutor's Office.
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the competent authorities of the Slovak Republic shall commence the execution of a request sent by facsimile or other means of electronic communication if the request is urgent and its authenticity is undisputed, provided the requesting authority subsequently submits the original of the request within the period specified by the requested authority.
The Slovak Republic avails itself of the opportunity provided by Article 11, paragraph 4, of the Second Additional Protocol and declares that it reserves its right not to be bound by the conditions imposed by the providing Party unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
The Slovak Republic avails itself of the opportunity provided by Article 13, paragraph 7 of the Second Additional Protocol and declares that it shall always require the consent of the person according to paragraph 3 of this article.
In accordance with Article 18, paragraphe 4, of the Second Additional Protocol, the Slovak Republic declares that the requests for controlled deliveries shall be addressed directly to the district Prosecutor's Office for the district where the requested assistance shall be carried out and a copy thereof shall be sent to the General Prosecutor's Office. Controlled delivery shall be carried out by the General Prosecutor's Office. Controlled delivery shall be carried out by the competent units of the Police Corps of the Slovak Republic.
The Slovak Republic will execute requests under Article 18 of the Second Additional Protocol only if they relate to the controlled import, export and transit of a delivery provided the circumstances of the case justify the assumption that the delivery without proper permit contains narcotics, psychotropic substances, precursors, poisons, nuclear and other similar radioactive materials, counterfeit money or securities, firearms or weapons of mass destruction, ammunition or explosives and the requesting party undertakes to provide adequate protection to the information obtained as a result of the assistance.
The Slovak Republic avails itself of the opportunity provided by Article 33, paragraph 2, of the Second Additional Protocol and does not accept wholly the Articles 16, 17, 19 and 20 of the Second Additional Protocol.
In the Slovak Republic, the authorities which rendered the conviction or measures shall be deemed as the competent authorities for the purposes of Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol.

01-07-2020

The Slovak Republic withdraws its reservation made on the basis of Article 33, paragraph 2, to Articles 16, 17, 19 and 20, of the Second Additional Protocol, and partially withdraws its reservation made on the basis of Article 33, paragraph 2, to Article 18 so that it reads as follows:
The Slovak Republic will execute requests under Article 18 of the Second Additional Protocol only if the requests relate to the control of delivery from the sender to the addressee during its transit, export or import, if the circumstances of the case justify the assumption that the consignment without the necessary permits contains narcotic substances, psychotropic substances, precursors, poisons, nuclear or other radioactive materials, hazardous chemical substances, counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or illegally produced custom stamps, postal stamps, labels and postal stamps, electronic means of payment or another payment card or an item capable of such function, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage items or other items that require special permissions for their possession, items intended to commit a criminal offence, or items of a committed criminal offence, for the purpose of apprehending persons who take part in the handling of such consignment.
In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention on Mutual Assistance in Criminal Matters, as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that it will accept and execute only the requests for mutual assistance in proceedings pursuant to Article 1, paragraph 3, of the Convention, which are sent exclusively between judicial authorities.
In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 17, paragraph 1, of the Second Additional Protocol shall be addressed to the Regional Prosecutor's Office in Bratislava.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Slovak Republic declares that notifications under Article 17, paragraph 2, of the Second Additional Protocol shall be addressed to the Presidium of the Police Force of the Slovak Republic. Competent authority for carrying out cross-border observation is the Police Force of the Slovak Republic.
In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 19 shall be addressed to the Regional Prosecutor's Office in Bratislava.
The Slovak Republic further notifies that under its national law, the covert investigation is admissible for the detection, identification and conviction of perpetrators of crimes, criminal offence of corruption, criminal offences of extremism, criminal offence of abuse of office by a public official or criminal offence of money laundering in case the investigation would otherwise be significantly impeded. Except for the criminal offence of corruption and criminal offences of extremism, the agent can be only a member of the Police Force of the Slovak Republic or a member of police forces of another State.
In accordance with Article 15, paragraph 8, subparagraph d), of the European Convention […], as reworded by Article 4 of the Second Additional Protocol, the Slovak Republic declares that the request under Article 20 shall be addressed to the General Prosecutor's Office of the Slovak Republic.
In accordance with Article 26 paragraph 5, of the Second Additional Protocol, the Slovak Republic declares that within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party cannot be used by the latter for the purposes of paragraph 1 without previous consent of the Slovak Republic.

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.

Spanje

26-03-2018

Spain declares that, with regards to Article 4, paragraph 8, of the Second Additional Protocol, the
request, unless it is urgent, shall be forwarded to the central authority designated in the declaration; in case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to the Ministry of Justice of Spain.
The competent authorities designated by Spain for the purposes of Article 17, paragraph 4, Article 18, paragraph 4, and Article 19, paragraph 4, of the Second Additional Protocol, are the following:
- the State Secretary for Security;
- the Directorate general of Police;
- the Directorate General of the Guardia civil.
In the event that the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters were to be extended to Gibraltar by the United Kingdom, Spain would like to make the following declaration:
1. 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.
2. 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.
3. As a result, any participation of the Gibraltarian authorities in the application of this Protocol 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.
4. 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 Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.
5. The application of the Protocol to Gibraltar 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.

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.

Tsjechië

01-03-2006

In accordance with Article 15, paragraph 8.a, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that copies of requests for mutual assistance have to be forwarded to the central authorities, namely:
- Supreme Prosecutor's Office of the Czech Republic in case of a request made in proceedings before the case is brought before a court;
- Ministry of Justice of the Czech Republic in case of a request made in proceedings after the case is brought before a court.
With regard to the fact that the Czech Republic made no declaration under Article 27 of the Second Additional Protocol, the Czech Republic wishes to confirm in connection with Article 15, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, that requests by administrative authorities under Article 1, paragraph 3, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 1 of the Second Additional Protocol may be sent only to judicial authorities of the Czech Republic.
In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that in case of forwarding of a request through electronic or any other means of telecommunication, the original of such request has to be subsequently delivered in writing.
In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 6 of the Second Additional Protocol, the Czech Republic declares that for the purposes of the Convention and its additional protocols following authorities are considered as judicial authorities: the Supreme Prosecutor's Office of the Czech Republic; high, regional, county and district prosecutors' offices; the City Prosecutor's Office in Prage; the City Prosecutor's Office in Brno; the Ministry of Justice of the Czech Republic; the Supreme Court of the Czech Republic; high, regional, county and district courts; the City Court in Prague and the City Court in Brno.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Czech Republic declares that the consent referred to in Article 13, paragraph 3, of the Second Additional Protocol will be required before an agreement on the temporary transfer of a person under Article 13, paragraph 1, of the Second Additional Protocol is reached.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that:
a) the authority designated for receipt of a request for assistance referred to in Article 17, paragraph 1, of the Second Additional Protocol is:
Regional Prosecutor's Office in Prague;
b) the authority designated for receipt of notifications under Article 17, paragraph 2, of the Second Additional Protocol is:
Police Presidium of the Czech Republic;
c) bodies of the Police of the Czech Republic and customs authorities are entitled to carry out cross-border observations under Article 17, paragraphs 1 and 2, of the Second Additional Protocol for the Czech Republic.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that the authority competent for the purposes of Article 18 is:
Regional Prosecutor's Office in Prague.

04-08-2010

In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that the authority competent for the purposes of Article 19 is:
High Prosecutor's Office in Prague
Pursuant to Article 15, paragraph 8.d, of the European Convention on Mutual Assistance in Criminal Matters as worded by Article 4 of the Second Additional Protocol, the Czech Republic declares that the authority competent for receipt and sending of requests under Article 20 of the Second Additional Protocol is:
Supreme Prosecutor's Office.

06-10-2014

The declaration of central authorities made by the Czech Republic in accordance with Article 29 of the Convention, registered at the Secretariat General on 1 March 2006, is amended as follows:
In accordance with Article 15, paragraph 8.a, of the European Convention on Mutual Assistance in Criminal Matters as amended by Article 4 of the Second Additional Protocol, the Czech Republic declares that copies of requests for mutual assistance have to be forwarded to the central authorities, namely
a) the Supreme Prosecutor's Office of the Czech Republic for requests originating from pre-trial proceedings;
b) the Ministry of Justice of the Czech Republic for other requests.

30-06-2017

The declarations to Articles 6, 17, 18, 19 and 20 made by the Czech Republic at the time of the ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, are amended as follows:
1. In accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters as amended by Article 6 of the Second Additional Protocol, the Czech Republic declares that for the purposes of the Convention and its Additional Protocols, courts and public prosecution offices are considered as judicial authorities.
2. Updating of contact information: Article 17
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that:
a) the authority designated for receipt of a request for assistance referred to in Article 17, paragraph 1, of the Second Additional Protocol is :
Regional Prosecutor's Office in Prague;
b) the authority designated for receipt of notifications under Article 17, paragraph 2, of the Second Additional Protocol is:
Police Presidium of the Czech Republic;
c) bodies of the Police of the Czech Republic and customs authorities are entitled to carry out cross-border observations under Article 17, paragraphs 1 and 2, of the Second Additional Protocol for the Czech Republic.
3. Updating of contact information: Article 18
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that the authority competent for the purposes of Article 18 is:
Regional Prosecutor's Office in Prague.
4. Updating of contact information: Article 19
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Czech Republic declares that the authority competent for the purposes of Article 19 is:
High Prosecutor's Office in Prague.
5. Updating of contact information: Article 20
In accordance with Article 15, paragraph 8.d, of the European Convention on Mutual Assistance in Criminal Matters as amended by Article 4 of the Second Additional Protocol, the Czech Republic declares that the authority designated for receipt of and sending of the requests under Article 20 of the Second Additional Protocol is:
Supreme Prosecutor's Office of the Czech Republic.

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.

Turkije

11-07-2016

In connection with Article 16, the Republic of Turkey does not accept directly address by post of judicial decisions and other documents by foreign authorities to the persons who are in the territory of Turkey via mail.
In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Turkey declares that it does not accept Article 17 of the Second Additional Protocol.
In accordance with Article 4, paragraph 8.b and c of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right to ensure that:
-requests, except urgent ones, are forwarded to the Central Authority designated in the declaration;
-in case of direct transmission to the judicial authorities for reasons of urgency, a copy of the request is transmitted simultaneously to the Central Authority.
In line with Article 6 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that courts and chief public prosecutor's offices in Turkey shall be designated as judicial authorities.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right not to be bound by the conditions imposed by Article 11, paragraph 2, of the Protocol unless it receives prior notice of the nature of the information to be provided by the other State and that the information is to be forwarded to another person.
In accordance with Article 27 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that for the purposes of Article 1, paragraph 3, administrative authorities are those that are authorized to impose administrative sanctions which may be subject to proceedings before a judicial authority having jurisdiction in criminal matters.
Turkey declares that its signing/ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, nor should it imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish Cypriots in accordance with international treaties. This partnership was destroyed by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignty. There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignty over the Turkish Cypriots who have equal status or over the entire Island of Cyprus.

Verenigd Koninkrijk

30-06-2010

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Government of the United Kingdom declares that it does not accept Article 17 of the Second Additional Protocol (Cross-border observations).
In accordance with Article 15, paragraph 6, of the Convention (as inserted by Article 4 of the Second Additional Protocol) the Government of the United Kingdom declares that the competent authorities to which requests for criminal records should be made are the ACPO Criminal Records Office (for requests from member States of the European Union (EU) and the Serious Organised Crime Agency (for requests from non-EU States).
Contact details:
ACPO Criminal Records Office
1st Floor
10 Victoria Street
London SW1H ONN
United Kingdom
Email: info@acpo.pnn.police.uk
Serious Organised Crime Agency
PO Box 8000
London SE11 5EN
United Kingdom
Fax: +44 (0)207 238 8112
Email: London@soca.x.gsi.gov.uk
In accordance with Article 15, paragraph 8, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that all incoming letters of request should be sent to the relevant central authority set out below.
Contact details:
HM Revenue and Customs
Requests for assistance from England, Wales and Northern Ireland for some customs matters, including indirect tax matters, alcohol and tobacco smuggling and excise fraud should be sent to HM Revenue and Customs. Requests relating to the smuggling of prohibited and restricted items and matters related to direct tax should be sent to the UKCA. Requests relating to Scotland should all be sent to the Crown Office.
HM Revenue and Customs
Law Enforcement & International Advisory Division
HM Revenue and Customs - Solicitor's Office
Room 2/74
100 Parliament Street
London SW1A 2BQ
United Kingdom
Fax: +44 (0)20 7147 0433
Email: mla@hmrc.gsi.gov.uk
UK Central Authority
Requests for assistance from England and Wales and Northern Ireland, other than requests which are the responsibility of HM Revenue and Customs, should be sent to the UK Central Authority.
UK Central Authority
Judicial Co-operation Unit
Home Office
5th Floor Fry Building
2 Marsham Street
London SW1P 4DF
United Kingdom
Fax: +44 (0)207 035 6985 (urgent cases only). This must be followed by a written letter of request sent via post.
Scotland
Requests for assistance only from Scotland should be sent to the Crown Office and Procurator Fiscal Service.
Crown Office and Procurator Fiscal Service
International Co-operation Unit
Crown Office
25 Chambers Street
Edinburgh EH1 1LA
United Kingdom
Fax: 44 (0)844 561 4002
Email: COICU@copfs.gsi.gov.uk
In accordance with Article 15, paragraph 9, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that HM Revenue and Customs and the Crown Office and Procurator Fiscal Service will accept requests transmitted by email or fax; and the UK Central Authority will, in urgent cases, accept transmission of requests by fax provided that the request is subsequently sent via post.
In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
- Magistrates' Courts, Crown Courts and the High Court;
- the Attorney General for England and Wales;
- the Director of Public Prosecutions and any Crown Prosecutor;
- the Director and any designated member of the Serious Fraud Office;
- the Secretary of State for Business, Innovation & Skills in respect of his function of investigating and prosecuting offences;
- the Director of the Revenue and Customs Prosecutions Office and anyone within that Office authorised by him;
- District Courts, Sheriff Courts and the High Court of Justiciary;
- the Lord Advocate;
- any Procurator Fiscal;
- the Attorney General for Northern Ireland;
- the Director of Public Prosecutions in Northern Ireland;
- The Commissioners of the Inland Revenue;
- the Financial Services Authority.
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not allow video conferencing to be used where the witness in question is the accused peson or the suspect.
In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not be bound by the conditions imposed by the providing Party under Article 11, paragraph 2, of the Second Additional Protocol, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Government of the United Kingdom declares that it will always require the consent of the detained person before any transfer may take place.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that the competent authorities for the purposes of this Article (controlled deliveries) are those required by Article 15, paragraph 8, of the Convention, and set out above.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that the competent authorities for the purposes of paragraph 2 of Article 19 are those required by Article 15, paragraph 8, of the Convention, and set out above.

07-02-2013

In accordance with Article 15, paragraph 6, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that the competent authorities to which requests for criminal records should be made is the UK Central Authority for Exchange of Criminal Records ('UKCA-ECR').
EU Member States should transmit requests for criminal records to UKCA-ECR through their own central authority for criminal exchange. The European Criminal Records Information System (ECRIS) will be used to facilitate these requests between central authorities.
Contact details:
UKCA-ECR
ACRO
PO Box 481
Fareham
Hampshire PO14 9FS
United Kingdom
E-mail: international.requests@ACRO.pnn.police.uk
In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
- Magistrates' Courts, the Crown Courts and the High Court;
- the Attorney General for England and Wales;
- the Director of Public Prosecutions and any Crown Prosecutor;
- the Director and any designated member of the Serious Fraud Office;
- the Environment Agency;
- Secretary of State for Business, Innovation & Skills in respect of his function of investigating and prosecuting offences;
- Secretary of State for Health;
- Secretary of State for Transport;
- Secretary of State for Work and Pensions;
- District Courts and Sheriff Courts and the High Court of Justiciary;
- the Lord Advocate of Scotland;
- any Procurator Fiscal;
- the Attorney General for Northern Ireland;
- the Director of Public Prosecutions in Northern Ireland;
- the Financial Services Authority.

10-05-2019

Partial Withdrawal of reservation
In accordance with Article 33, paragraph 3, of the Second Additional Protocol, the Government of the United Kingdom declares that it partially withdraws its reservation in respect of Article 17 of the said Protocol. The Government of the United Kingdom accepts the application of paragraph 1 of the said Article and, to the extent they apply to paragraph 1, paragraphs 3 to 5. The Government of the United Kingdom maintains its reservation in respect of paragraph 2 of the said Article and does not accept the application of that provision.
Declarations
In accordance with Article 15, paragraph 8, of the Convention (as inserted by Article 4 of the Second Additional Protocol), the Government of the United Kingdom declares that all incoming letters of request should be sent to the relevant central authority set out below:
HM Revenue and Customs
Requests for assistance from England, Wales and Northern Ireland for some customs matters, including indirect tax matters, alcohol and tobacco smuggling and excise fraud should be sent to HM Revenue and Customs. Requests relating to the smuggling of prohibited and restricted items and matters related to direct tax should be sent to the United Kingdom Central Authority (UKCA). Requests relating to Scotland should all be sent to the Crown Office:
HM Revenue and Customs
Law Enforcement & International Advisory Division
HM Revenue and Customs – Solicitor’s Office
UK Central Authority
Requests for assistance from England and Wales and Northern Ireland, other than requests which are the responsibility of HM Revenue and Customs or the ACRO Criminal Records Office, should be sent to the UK Central Authority.
UK Central Authority
Judicial Co-operation Unit
ACRO Criminal Records Office
Requests for assistance from England, Wales, Scotland and Northern Ireland, for judicial records under Article 13 of the Convention, should be sent to the ACRO Criminal Records Office.
Scotland
Requests for assistance only from Scotland should be sent to the Crown Office and Procurator Fiscal Service.
In respect of the Government of the United Kingdom of Great Britain and Northern Ireland, references to the “Ministry of Justice” for the purposes of:
- Article 11, paragraph 2, Article 15 and Article 21, paragraph 1, are to the Home Office (for England and Wales), the Crown Office (for Scotland) and the Northern Ireland Office (for Northern Ireland).
- Article 22 are to the ACRO Criminal Records Office (on behalf of the Home Office (for England and Wales), the Crown Office (for Scotland), and the Northern Ireland Office (for Northern Ireland)). Notifications of criminal convictions or subsequent measures under Article 22 of the Convention should be sent to the ACRO Criminal Records Office.
In accordance with Article 24 of the Convention (as inserted by Article 6 of the Second Additional Protocol), the Government of the United Kingdom declares the following to be judicial authorities:
- Magistrates’ Courts, the Crown Courts and the High Court;
- the Attorney General for England and Wales;
- the Director of Public Prosecutions and any Crown Prosecutor;
- the Director and any designated member of the Serious Fraud Office;
- the Environment Agency;
- Secretary of State for Business, Innovation and Skills in respect of his function of investigating and prosecuting offences;
- Secretary of State for Health;
- Secretary of State for Transport;
- Secretary of State for Work and Pensions;
- District Courts and Sheriff Courts and the High Court of Justiciary;
- the Lord Advocate of Scotland;
- any Procurator Fiscal;
- the Attorney General for Northern Ireland;
- the Director of Public Prosecutions in Northern Ireland;
- the Financial Services Authority,
- the ACRO Criminal Records Office (ACRO).
In accordance with Article 9, paragraph 9, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not allow video conferencing to be used where the witness in question is the accused person or the suspect and the hearing is, or forms part of, the trial of that person.
In accordance with Article 17, paragraph 4, of the Second Additional Protocol, the Government of the United Kingdom declares that for the purposes of Article 17, paragraph 1, members of a police force, National Crime Agency officers, officers of Revenue and Customs, constables of the Police Service of Scotland, are designated officers and the National Crime Agency is the designated Authority.

04-07-2024

In accordance with Article 9, paragraph 9, of the Second Additional Protocol, the Government of the United Kingdom declares that it will not apply the provisions of this article to hearings by video conference involving the accused person or the suspect, where the hearings are, or form part of, the trial of that person. This position applies irrespective of whether or not the hearings involve oral or written evidence from the accused person or the suspect.

Zweden

20-01-2014

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, Sweden does not accept Article 17 (cross-border observations).
In accordance with Article 4, paragraph 9, of the Second Additional Protocol, Sweden will accept requests for legal assistance forwarded by electronic means upon agreement in the particular case.
In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the competent authorities for the purpose of Article 18 are prosecutors, the Swedish National Police Board, police authorities, Swedish Customs and Swedish Coast Guard.
In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the competent authorities for the purpose of Article 19 are prosecutors, the Swedish Prosecution Authority, the Swedish National Police Board and police authorities.

Zwitserland

04-10-2004

Switzerland declares that the Federal Office of Justice of the Federal Department of Justice and Police in Bern is the central competent authority, under Article 4 (and 15 of the Convention), to address and to receive:
- requests for mutual assistance, except if the request is directly submitted to the competent authority of the requested State according to Article 4, paragraphs 1, 3 and 4;
- requests for temporary transfer of persons detained according to Article 4, paragraph 2;
- requests for extracts from judicial records according to Article 4, paragraph 5.
Whenever, in case of urgency, a request for mutual assistance is directly submitted to the competent authority of the requested State, a copy of the request and of the reply must be communicated to the Federal Office of Justice.
To contact the Federal Office of Justice and to determine the territorially competent Swiss judicial authority to which requests for mutual assistance can be addressed directly, the databank of Swiss Localities and Courts can be consulted on line at the following address: http://www.elorge.admin.ch.
Switzerland requires that the personal data transferred by it to another Party for the purposes indicated in Article 26, paragraph 1, letters a and b, cannot be used without the consent of the person concerned except with the agreement of the Federal Office of Justice for the purposes of procedures for which Switzerland could have, according to the terms of the Convention or the Protocol, refused or limited the transmission or the use of personal data.
Switzerland declares that the following authorities shall be regarded as Swiss judicial authorities for the purposes of the Convention and the Protocol:
- the Tribunals, their courts, chambers or sections;
- the Public Prosecutor (Ministère Public) of the Confederation;
- the Federal investigating judges;
- the Federal Office of Justice;
- the authorities empowered by cantonal or federal law to hold an enquiry in criminal cases, to issue warrants of repression and to take decisions in a procedure connected with a criminal case.
The detailed list of the Swiss judicial authorities can be consulted on line at the following address: http://www.rhf.admin.ch/etc/medialib/data/rhf.Par.0003.File.tmp/direktverkehr-f.pdf.
Switzerland declares that the following authorities are competent to execute the requests under Article 17:
- the Federal Office of Police, in Bern;
- the police commands of the cantons.
Requests submitted to Switzerland under Article 17, paragraphs 1 and 2, must be addressed to:
- the prosecuting authorities of the Confederation; or
- the prosecuting authorities of the canton in whose territory the crossing of the border is likely to occur.
In case of any doubt, requests submitted under Article 17, paragraph 1, can be addressed to the Federal Office of Justice, in Bern, and those submitted under Article 17, paragraph 2, to the Federal Office of Police, in Bern.
Switzerland declares that the following authorities are competent to execute requests under Article 18:
- the prosecuting authorities of the Confederation; or
- the prosecuting authorities of the canton in whose territory the starting point of the transport is located.
Switzerland declares that the following authorities are competent to execute requests under Article 19:
- the Public Prosecutor (Ministère Public) of the Confederation and the Federal investigating judges;
- the prosecuting authorities of the canton in whose territory the cross-border investigation begins.
Switzerland declares that it will deem as Swiss administrative authorities for the purposes of Article 1, paragraph 3, of the Convention the administrative services of the Confederation and of the cantons which, under Federal or Cantonal Law, can investigate offences and are empowered, once the investigation is concluded, to ask for the opening of judicial proceedings that may result in a conviction.

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.