Euroopan unionista tehdyn sopimuksen 34 artiklan mukaisesti tehty yleissopimus keskinäisestä oikeusavusta rikosasioissa Euroopan unionin jäsenvaltioiden välillä
Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union
Konvention, upprättad av rådet på grundval av artikel 34 i Fördraget om Europeiska unionen, om ömsesidig rättslig hjälp i brottmål mellan Europeiska unionens medlemsstater
- Fördragstyp
- II Monenväliset sopimukset
- 6. Valtio
- 6.3. oikeudellinen yhteistyö, rikollisuuden torjuminen, huumeet
- Namn på avtalspart
- EU
- Ansvarigt ministerium
- Oikeusministeriö
- Information om ikraftträdande
- Fördragets deponeringsmyndighet
- EU
- Datum för ikraftträdande
- Internationellt ikraftträdandedatum
- Internationellt ikraftträdandedatum
- Undertecknande
- Bryssel
- Ratificeringsdag
- H
Alankomaat
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Reservation: In accordance with Article 10(9) the Kingdom of the Netherlands declares that the first subparagraph of Article 10(9) will not be applied. Declarations: In accordance with Article 24(1) the Kingdom of the Netherlands declares that the authorities indicated in the European Mutual Assistance Convention and the Benelux Treaty are competent for the application of this Convention and the Protocol thereto and are in addition designated as: - administrative authorities within the meaning of Article 3(1): the public prosecutor and the Centraal Justitieel Incassobureau (Central Judicial Recovery Bureau); - competent central authority within the meaning of Article 6(2) and (8): the Bureau Internationale Rechtshulp (International Judicial Assistance Bureau) of the Ministry of Justice in The Hague; - competent authorities within the meaning of Article 6(5): the public prosecutor for incoming and outgoing requests and for the notification of a Member state for instituting proceedings before the courts in another Member State and the examining magistrate for outgoing requests; - administrative authorities within the meaning of Article 6(6): the Centraal Justitieel Incassobureau (Central Judicial Recovery Bureau) in Leeuwarden; - competent authorities within the meaning of Articles 18 and 19 and Article 20(1) to (5): the public prosecutor, and - competent authority to receive the notification referred to in Article 20(2): the Netherlands Sirene Bureau. In accordance with Article 27(5) the Kingdom of the Netherlands declares that until its entry into force the Convention will be applied in its relations with Member States which have made the same declaration. Sovelletaan Suomen ja Alankomaiden v?lisiss? suhteissa 1.7.2004 lukien.
Belgia
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In accordance with Article 24 of the Convention, the Kingdom of Belgium states that the competent authorities for the application of the Convention are the judicial authorities and, where the intervention of a central authority is required, the Directorate-General of Legislation, Fundamental Freedoms and Rights at the Federal Department of Justice (Service public f?d?ral Justice, Direction g?n?rale de la L?gislation et des Libert?s et Droits fondamentaux, Autorit? centrale d'entraide p?nale, Boulevard de Waterloo 115, 1000 Bruxelles). As stated in the Declaration made in connection with the 1950 Convention on Mutual Assistance, the Kingdom of Belgium defines "judicial authorities" as "members of the judicial authority responsible for delivering rulings, examining magistrates and members of the Public Prosecutor's Office". The Kingdom of Belgium does not designate any non-judicial authority for the application of the Convention.
Bulgaria
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1. Declaration concerning Article 9(6): The Republic of Bulgaria declares that the consent from the person to their transfer referred to in Article 9(3) shall be required before an agreement between the interested Member States is reached under paragraph 1. 2. Declaration concerning Article 24(1): The Republic of Bulgaria declares that the authorities competent for the application of this Convention and for the application of the provisions on mutual assistance in criminal matters contained in Article 1(1) are: 1. For requests for legal assistance in pre-trial proceedings - the Supreme Prosecutor's Office of Cassation of the Republic of Bulgaria 2. For requests for legal assistance in judicial proceedings: (a) the district courts at the place where the person is held in custody - for the application of Article 9; (b) an equivalent court in the person's place of residence - for the application of Article 11; (c) the court of appeal in the person's place of residence - for the application of Article 10; (d) the regional or district courts - for all other cases, in accordance with their competence under national law. 3. Declaration concerning Article 24(1)(b): The Republic of Bulgaria declares that the central authorities for the purposes of applying Article 6 are: 1. The Supreme Prosecutor's Office of Cassation - for requests for legal assistance in pre-trial proceedings; 2. The Ministry of Justice - for requests for legal assistance in judicial proceedings. The competent authority pursuant to Article 6(8) is the Supreme Prosecutor's Office of Cassation. The temporary transfer of persons held in custody for the purposes of investigation under Article 6(8) shall be permitted by the competent district court. 4. Declaration concerning Article 24(1)(e): The Republic of Bulgaria declares that the competent authority for the application of Articles 18, 19 and 20 is the Supreme Prosecutor's Office of Cassation.
Espanja
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Sovelletaan Suomen ja Espanjan v?lisiss? suhteissa 27.5.2004 lukien. STATEMENTS TO BE MADE BY SPAIN AT THE TIME OF NOTIFYING ACCEPTANCE OF THE CONVENTION, ESTABLISHED BY THE COUNCIL IN ACCORDANCE WITH ARTICLE 34 OF THE TREATY ON EUROPEAN UNION, ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION, DONE AT BRUSSELS ON 29 MAY 2000 "Under Article 24(1)(b), Spain designates as central authority, in accordance with Article 6(2), the Ministry of Justice (Directorate-General for Legislative Policy and International Judicial Cooperation)." "Under Article 24(1)(e) and for the purposes of Articles 18 and 20, the competent authority is the "Audiencia Nacional" (National High Court), when Spain is the requested State. With reference to paragraph 4 of Article 20 on the designation of contact points to be on duty twenty-four hours a day, Spain's contact points will be the "Juzgados de Instrucci?n" (magistrates courts) and the "Juzgados Centrales de Instrucci?n de Guardia" (central duty magistrates' courts)." "In accordance with Article 27(5) of the Convention, the Kingdom of Spain applies this Convention in its relations with other Member States which have made the same declaration."
Irlanti
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Iso-britannia
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Article 6 As provided for by Article 6(3), the United Kingdom declares that requests for mutual assistance must be sent to one of the three authorities designated as central authorities by virtue of its declaration under Article 24(1)(b). In limitation of this declaration, requests for mutual assistance in revenue and customs matters (including direct and indirect tax offences and import and export offences) may alternatively be sent to H M Revenue and Customs. Communications relating to requests, including return of evidence, may subsequently be made directly between the requesting and executing authority. Article 9 As provided for by Article 9(6), the United Kingdom requires the written consent of a person in custody in order to authorise temporary transfer. Article 10 As provided for by Article 10(9), the United Kingdom will not apply the provisions of article 10 to hearings by videoconference involving an accused person. Article 18 As provided for by Article 18(7), the United Kingdom will be bound by paragraph 6 only when it is unable to provide immediate transmission. Article 20 The United Kingdom reaffirms the declaration it made upon signature of the Convention, which forms an agreed, integral part of the Convention, and which reads as follows: "In the United Kingdom, Article 20 will apply in respect of interception warrants issued by the Secretary of State to the police service or HM Customs and Excise where, in accordance with national law on the interception of communications, the stated purpose of the warrant is the detection of serious crime. It will also apply to such warrants issued to the Secretary Service where, in accordance with national law, it is acting in support of an investigation presenting the characteristics described in Article 20(1)." The reference to HM Customs and Excise should now be read as the Commissioners for HM Revenue and Customs, as a result of changes made by the Commissioners of Revenue and Customs Act 2005. Article 24 In accordance with Article 24(1), the United Kingdom declares that the authorities competent for the application of the Convention are those already indicated in the European Mutual Assistance Convention and: In accordance with Article 24(1)(b), the following authorities are central authorities for the purposes of applying Article 6 and for requests referred to in Article 6(8): The Home Office for England and Wales The Crown Office for Scotland The Northern Ireland Office for Northern Ireland In accordance with Article 24(1)(c), and in addition to the authorities already listed, the following authorities are also competent for the purpose of article 6(5): Scottish Drugs Enforcement Agency (SDEA) Chief Officers of Police in England and Wales and the Chief Constable of the Police Service of Northern Ireland In accordance with Article 6(4), the United Kingdom reaffirms that these requests may be transmitted via the National Central Bureau of Interpol. In accordance with Article 24(1)(e), for the purpose of the application of Articles 18, 19 and 20, the competent authority for England and Wales is the Secretary of State for the Home Department, for Northern Ireland is the Secretary of State for Northern Ireland and for Scotland is the Scottish Ministers. The contact point on duty twenty-four hours a day for the purposes of Article 20(4)(d) is the National Central Bureau of Interpol.
Italia
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1.1. Declaration regarding Article 24(1). 1. The judicial authorities competent to issue requests for mutual legal assistance are those set out in the declarations made by Italy in relation to the Convention on Mutual Assistance signed in Strasbourg on 20 April 1959. The authority competent to receive and execute requests for mutual legal assistance is, except where indicated below, the Public Prosecutor (Procuratore della Repubblica) at the Court of the administrative centre of the district in which the requested acts are to be carried out. Where the request for assistance concerns acts which need to be executed in more than one district, responsibility for their execution lies with the Public Prosecutor of the district in which the highest number of acts are to be carried out, or, if an equal number of acts are to be carried out in each district, the Public Prosecutor of the district in which the act of most importance to the investigation is to be carried out. If multiple related requests for assistance are issued, the Public Prosecutor designated to deal with the first request is responsible for their execution. Where the requesting authority asks that the act be carried out by a judge or where the fundamental principles of the Italian legal system require that the requested act be carried out by a judge, the authority competent to execute the request is the judge in charge of preliminary investigations (giudice per le indagini preliminari), at the request of the Public Prosecutor. 1.2. Declaration under Article 24(1)(a) and (d). Competent authorities within the meaning of Article 3(1). 1. The sole authority competent to make and receive requests for assistance is the Ministry of Justice - Department of Judicial Affairs - Directorate-General for Criminal Justice - Office II: International Cooperation (Ministero della Giustizia - Dipartimento Affari di Giustizia - Direzione Generale della Giustizia Penale - Ufficio II - Cooperazione Internazionale). 1.3. Declaration under Article 24(1)(b). Competent central authority for the purposes of applying Article 6, as well as in relation to Article 6(8). The central authority is the Ministry of Justice - Department of Judicial Affairs - Directorate-General for Criminal Justice - Office II: International Cooperation (Ministero della Giustizia - Dipartimento per gli Affari di Giustizia - Direzione Generale della Giustizia Penale - Ufficio II - Cooperazione Internazionale), which according to national law is competent in the following specific cases: (a) for the transmission of requests for assistance where judicial authorities have encountered insurmountable difficulties with direct transmission; (b) for the transmission of requests for assistance to authorities in the United Kingdom and Ireland, as long as those States continue not to use the direct transmission options provided for in Article 6(1) of the Convention; (c) for the transmission and reception of requests for the transfer of persons held in custody in the cases set out in Article 6(8) of the Convention. 1.4. Declaration under Article 24(1)(c). Competent police authorities in relation to Article 12, Article 13 and Article 14. In addition to the Anti-Mafia Investigation Department (Direzione investigativa antimafia), which is competent in matters related to organised crime, the police authorities competent to receive and transmit requests under Articles 12 and 14 of the Convention are as follows: - For the Guardia di Finanza: (a) the Central Service for the Investigation of Organised Crime (Servizio Centrale Investigazione Criminalit?? Organizzata - with regard to the following forms of organised crime only: illegal immigration; trafficking in human beings; usury, money laundering and reinvestment; currency counterfeiting; counterfeiting, alteration or use of distinguishing marks or signs, or of patents, models or designs; introduction into the State and marketing of products with counterfeit marks); (b) the Protection of Intellectual Property Unit (Nucleo Tutela Propriet?? Intellettuale - only with regard to the counterfeiting, alteration or use of distinguishing marks or signs, or of patents, models or designs, or the introduction into the State and marketing of products with counterfeit marks); (c) the Special Currency Police Unit (Nucleo Speciale di Polizia valutaria - only with regard to terrorist financing, money laundering and reinvestment). - For the State Police: (a) the Central Operational Office of the Central Anti-Crime Directorate (Servizio Centrale Operativo della Direzione Centrale Anticrimine - for organised crime); (b) the Central Police Directorate for Prevention (Direzione Centrale della Polizia di Prevenzione - for terrorist offences other than terrorist financing); (c) the Central Directorate for Drugs Control (Direzione Centrale Servizi Antidroga - for drug-related offences); (d) the Postal and Communications Police Service (Servizio della Polizia Postale e delle comunicazioni - for offences related to child sexual abuse material). - For the Arma dei Carabinieri: (e) the Special Operations Group (Raggruppamento Operativo Speciale - for organised crime and terrorist offences other than terrorist financing). The judicial authorities (Public Prosecutor's Offices - Uffici del Pubblico Ministero) are always the competent authority with regard to Article 13. 1.5. Declaration under Article 24(1)(e) and Article 20(4)(d). Authorities competent for the purposes of the application of Articles 18 and 19 and Article 20(1) to (5). Where Italy is the requesting party, the authority competent to make and transmit requests under Articles 18 and 19 of the Convention and to transmit notifications when the operations provided for in Article 20(2) of the Convention are begun is the Public Prosecutor's Office (Ufficio del Pubblico Ministero). Where Italy is the requested party, the authority competent to receive and execute requests is the Public Prosecutor at the Court of the district administrative centre, without prejudice to the need for authorisation from the judge in charge of preliminary investigations when the request concerns assistance on interception operations related to a person present in the territory of the State, or technical assistance on interception, recording and the subsequent transmission of the results. In the case provided for in Article 20 of the Convention, the authority competent to receive a notification that the operations provided for in Article 20(2) of the Convention have begun is the Public Prosecutor at the Court of the administrative centre of the district in which the intercepting State first located the user whose communications have been or will be intercepted, provided that no other Office is executing or has already executed a previous related request for assistance, in accordance with the declaration made in relation to Article 24(1) of the Convention. The authority competent to order the execution or continuation of the operations or, subject to the provisions of Article 20(4) of the Convention, their immediate termination, is the judge in charge of preliminary investigations. The contact point under Article 20(4) is the Italian SIRENE bureau. According to national law, the Public Prosecutor at the Court of the district administrative centre will ensure that a reply is sent without delay, and at the latest within 96 hours of receiving the information communicated by the intercepting State, and will notify the competent authority of that State of the measures taken by the judge in charge of preliminary investigations. 2. Declaration under Article 9(6). The Italian Republic declares that, in order to conclude an agreement as provided for in Article 9(1) of the Convention, the consent referred to in Article 9(3) is required.
Itävalta
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Re Article 24(1) of the Convention: Austria declares in accordance with Article 24(1) that the authorities competent for the application of the Convention are those already indicated in the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, and names the district administrations and federal police authorities as the competent administrative authorities within the meaning of Article 3(1); the Federal Ministry of Justice as the competent central authority within the meaning of Article 6(2) and (8); the public prosecutor's office in whose jurisdiction the border is expected to be crossed or from whose jurisdiction the controlled delivery is to start as the competent authorities within the meaning of Article 6(5) and for requests under Article 12; the examining magistrate of the regional Court of First Instance for requests under Article 13; the Court of First Instance from whose jurisdiction the operation is expected to be launched for requests under Article 14; the district administrations and federal police authorities as the competent authorities within the meaning of Article 6(6); the examining magistrate of the regional Court of First Instance as the competent authority within the meaning of Articles 18, 19 and 20(1) to (5); SIRENE Austria as the competent authority for the notification under Article 20(2). Re Article 27(5) of the Convention: Austria declares in accordance with Article 27(5) that it will apply this Convention in its relations with Member States which have made the same declaration until the entry into force of the Convention.
Kypros
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Declarations In accordance with Article 24, of the Convention on Mutual Assistance in Criminal Matters, the Republic of Cyprus declares that the designated authorities for the application of the provisions of the aforesaid Convention between the Member States are as follows: a) the Ministry of Justice and Public Order, for the application of Article 3 paragraph 1 of the Convention, b) the Ministry of Justice and Public Order and the Chief of the Cyprus Police, for the application of Article 6 and Article 6 paragraph 8 of the Convention, c) the Chief of the Cyprus Police, the Director of Customs and Commissioner for VAT, the Unit for Combating Money Laundering, the Director of the Inland Revenue Department and the Central Bank of Cyprus, for the application of Article 6 paragraph 5 of the Convention, d) The Ministry of Justice and Public Order and the Law Office of the Republic, for the application of Article 6 paragraph 6 of the Convention, e) the Department of Electronic Communications of the Ministry of Communications and Works, the Commissioner of Electronic Communication and Postal Regulation and the Commissioner for the Protection of Personal Data, for the application of Articles 18, 19 and 20 paragraphs 1 to 5, of the Convention. Pursuant to Article 9 paragraph 6 of the Convention, the Republic of Cyprus declares that, before an agreement is reached, under Article 9, paragraph 1, the written consent referred to in paragraph 3 is required. Pursuant to Article 28 paragraph 5 and Article 27 paragraph 5 of the Convention, the Republic of Cyprus declares that if the Convention is not yet in force by the time of deposition of this Declaration, the Convention shall apply to the relations between the Republic of Cyprus and the other Member States that have made the same declaration.
Latvia
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In accordance with paragraph 6 of Article 9 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union, Council Declaration on Article 10(9), Declaration by the United Kingdom on Article 20, the Republic of Latvia declares that, before an agreement is reached for temporarily transfer of person referred in paragraph 1 of Article 9, the consent to the transfer from the person concerned shall be requested in all cases. In accordance with Article 24 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union, Council Declaration on Article 10(9), Declaration by the United Kingdom on Article 20, the Republic of Latvia declares that the designated central authorities competent for application of said Convention and application between Member States of the provisions on mutual assistance in criminal matters are the same that are designated by declaration of the Republic of Latvia pursuant to the Convention on Mutual Assistance in Criminal Matters. In accordance with part (e) of paragraph 1 Article 24 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union, Council Declaration on Article 10(9), Declaration by the United Kingdom on Article 20, the Republic of Latvia declares that the designated competent authority for purposes of the application of Article 18, 19 and 20(1) to (5) is: Central Criminal Police Brivibas Boulevard 61 Riga, LV-1010 Latvia Phone: +371 7075031 Fax: +371 7075053 E-mail: kanc@vp.gov.lv Sovelletaan Suomen ja Latvian v?lisiss? suhteissa 12.9.2004 lukien.
Liettua
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..., pursuant to paragraph 7 of Article 6 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by the provisions of the first sentence of paragraph 5 and paragraph 6 of Article 6 of the Convention. ..., pursuant to Article 24 of the Convention, the Seimas of the Republic of Lithuania declares that: 1) the Ministry of Justice and the Prosecutor General?s Office are designated as the central authorities to exercise the functions provided for in the Convention; 2) the Territorial Regional Prosecutor?s Offices, the Court of Appeals of Lithuania, Regional and District courts are the judicial authorities to exercise the functions provided for in the Convention. Ministry of Justice and the Prosecutor General?s Office in every concrete case shall help to determine which judicial authority has territorial competence to provide mutual assistance; 3) the Prosecutor?s Office of the Republic of Lithuania has the competence to provide mutual assistance under Articles 12, 13, 14, 18, 19 and paragraphs 1 to 5 of Article 20 with the exception of subparagraph d of paragraph 4 of Article 20; 4) the Police Department under the Ministry of Interior is designated as the competent authority to exercise the functions provided for in subparagraph d of paragraph 4 of Article 20 of the Convention. 2...pursuant to paragraph 5 of Article 27 of the Convention the Seimas of the Republic of Lithuania declares that if the Convention is not yet in force by the accession of the Republic of Lithuania to the European Union the Convention shall apply to the relations between the Republic of Lithuania and the other Member States of the European Union that have made the same declaration. Sovelletaan Suomen ja Liettuan v?lisiss? suhteissa 26.8.2004 lukien.
Luxemburg
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Statement by the Grand-Duchy of Luxembourg on Article 23 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on 29 May 2000 In accordance with the provisions of Article 23 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on 29 May 2000, (hereinafter "the Convention"), the Government of the Grand-Duchy of Luxembourg hereby declares that, where personal data are communicated by the Grand-Duchy of Luxembourg under this Convention to another Member State, the Grand-Duchy of Luxembourg may, subject to the provisions of Article 23(1)? of the Convention, in the circumstances of a particular case, require that, unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand-Duchy of Luxembourg in respect of proceedings for which the Grand-Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1 of the Convention. If in the circumstances of a particular case the Grand-Duchy of Luxembourg refuses to give its consent following a request by a Member State in application of the provisions of paragraph 1, it will indicate the reasons for its decision in writing. Done at Brussels on 29 May 2000 on the occasion of the signing of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union. "In accordance with Article 6(7) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (hereinafter referred to as "the Convention"), the Government of the Grand Duchy of Luxembourg declares that it is not bound either by the first sentence of Article 6(5) nor by Article 6(6). In accordance with Article 18(7) of the Convention, the Government of the Grand Duchy of Luxembourg declares that it is bound by paragraph 6 of Article 18 only when it is unable to provide immediate transmission of telecommunications. In accordance with Article 23 of the Convention, the Government of the Grand Duchy of Luxembourg declares that when it communicates personal data to another Member State under the terms of the Convention, it may, subject to Article 23(1)(c), in the circumstances of the particular case require that unless the Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in Article 23(1)(a) and (b) of the Convention with the prior consent of the Grand Duchy of Luxembourg in respect of proceedings for which the Grand Duchy of Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of the Convention or the instruments referred to in Article 1 thereof. If, in a particular case, the Grand Duchy of Luxembourg refuses to give its consent to a request from a Member State pursuant to the provisions of paragraph 1, it must give reasons for its decision in writing. In accordance with Article 24 of the Convention, the Government of the Grand Duchy of Luxembourg declares that the competent authorities for the application of the Convention are the judicial authorities and that when the involvement of a central authority is required, it is the Chief Public Prosecutor, Cit? judiciaire, B?timent CR, L-2080 Luxembourg. In accordance with the statement made in Article 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Government of the Grand Duchy of Luxembourg understands the "judicial authority" to be "members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution."
Malta
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For Purposes of Article 6(7), Malta declares that it is not bound by the first sentence of paragraphs (5) and (6) of this Article; For purposes of Article 9(6), Malta declares that before an agreement is reached on the temporary transfer of a person held in custody for purposes of investigation, the consent referred to in 9(3) will be required. For purposes of Article 18(7), Malta declares that it will only be bound by paragraph 6 of the same Article when it is unable to provide immediate transmission. Pursuant to Article 24 Malta declares that: (1) all requests must be sent to Malta via the Office of the Attorney General which is the designated central authority. (2) the designated contact point referred to in Article 20 paragraph (4)(d) is the International Relations Unit of the Malta Police.
Portugali
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Sovelletaan Suomen ja Portugalin v?lisiss? suhteissa 27.5.2004 lukien. "In accordance with Article 24(1) of the Convention referred to in the preceding paragraph, the Portuguese Republic declares that "competent authorities" should be taken to mean: (a) for the purposes of Article 3(1) of the Convention, all administrative authorities whose powers are determined by Portuguese law; (b) for the purposes of applying Article 6 of the Convention, including paragraph 8 thereof, the Procuradoria Geral da Rep?blica (Office of the Chief Public Prosecutor of the Republic) as central office, or the Policia Judici?ria (Criminal Police) for transmission of requests under Articles 12, 13 and 14 of the Convention; (c) for the purposes of applying Article 12 of the Convention, the Minist?rio P?blico (Public Prosecutor's Office). In accordance with Article 20(4)(d) of the Convention, the Portuguese Republic designates the Policia Judici?ria (Criminal Police), via its Departamento Central de Coopera??o Internacional (DCCI - Central Department for International Cooperation), as contact point for the purposes of Articles 18, 19 and 20 of the Convention. In accordance with Article 6(7) of the Convention, the Portuguese Republic declares that requests under paragraphs 5 and 6 of the same Article are to be forwarded to the Procuradoria Geral da Rep?blica (Office of the Chief Public Prosecutor of the Republic) whenever the Portuguese Republic is the requested State; in accordance with the same provisions, it declares that, whenever the Portuguese Republic is the requesting State, requests may be made by the Portuguese administrative authorities which have powers conferred by Portuguese law. In accordance with Article 18(7) of the Convention, the Portuguese Republic is bound by paragraph 6 of the same Article only when the Portuguese authorities are unable to provide immediate transmission. In accordance with, and for the purposes of, Article 27(5) of the Convention, the Portuguese Republic applies this Convention in its relations with other Member States which have made the same declaration."
Puola
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Declarations 1. Pursuant to Article 24(1)(b),(c),(e) of the Convention, Poland declares that: -the central authority, for the purposes specified in Article 6(2) and (8), shall be the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warsaw, Poland; -the authorities competent for the purposes specified in Article 6(5) shall be: in the scope covered by Articles 12 and 14 - the Chief Police Commander ('Komendant Gl?wny Policji'), while in the scope covered by Article 12, in respect of serious fiscal offences - also the Minister of Finance, and in the scope covered by Article 13 - the Attorney-General; -the authorities competent for the purposes of the application of Articles 18, 19, 20(1) to (3) and (5) shall be the Circuit Prosecutors ('Prokurator Okregowy') having territorial jurisdiction; while the role of contact points, pursuant to Article 20(4), shall be fulfilled by the Voivodeship Police Commanders ('Komendant Wojew?dzki Policji') having territorial jurisdiction. 2. Pursuant to Article 27(5) of the Convention, Poland declares that it shall apply this Convention before its entry into force, in the relations with other Member States which have made the same declaration. Reservations 1. Pursuant to Article 9(6) of the Convention, Poland declares that before an agreement referred to in Article 9(1) is reached, it will - as the requested state - require the prior consent from the person to be temporarily transferred. 2. Pursuant to Article 10(9) of the Convention, Poland declares that it shall neither request hearings of the accused persons by videoconference, nor shall it execute such requests.
Ranska
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Article 6(7): Pursuant to Article 6(7), France declares that it is not bound by the first sentence of Article 6(5), or by Article 6(6). Article 10(9): France declares that it will not apply the first subparagraph of Article. Article 24(1): France declares that, in addition to those judicial authorities which the French Government previously indicated when it signed the European Mutual Assistance Convention, its competent authorities are as follows: - for the application of Article 6(2) and (8)(a): the Ministry of Justice, Directorate for Criminal Matters and Pardons, - for the application of Article 6(8)(b): the Ministry of Justice, Directorate for Criminal Matters and Pardons, National Criminal Records Department, - for the application of Articles 18 and 19: the examining magistrate having territorial competence, - for the application of Article 20(1) to (5): the Ministry of Justice, Directorate for Criminal Matters and Pardons. France declares that, for the purposes of the European Convention on Mutual Assistance in Criminal Matters, enforcement judges and regional parole courts must also be considered to be French judicial authorities. Article 27(5): France declares that, pursuant to Article 27(5), it will apply this Convention in its relations with Member States which have made the same declaration.
Romania
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Statement pursuant to Article 28 of the Convention and Article 14 of the Protocol On the basis of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed in Luxembourg on 25 April 2005, published in OJEU L 157 of 21 June 2005 (Article 3(3) of the Act of Accession in relation to Annex 1 to the Act of Accession), on the date of accession to the European Union, 1 January 2007, Romania acceded to the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union and to the Protocol of 16 October 2001 to that Convention. Statement pursuant to Article 24(1) of the Convention In accordance with its national legislation, Romania designates the following authorities as competent for the application of the Convention: (a) Central authorities under Article 6: - The Ministry of Justice, for the requests for assistance set out in Article 6(8) of the Convention and any other request for assistance at the stage of sentencing or execution of criminal judgments in the situation mentioned in Article 6(3) of the Convention and in other cases in which direct contact is not possible. However, direct communication is possible between the Romanian judicial authorities and the central authorities designated by other Member States; - The Public Prosecutor's Office attached to the High Court of Cassation and Justice, for requests for assistance at the stage of investigation and criminal proceedings in the situation mentioned in Article 6(3) and in other cases in which direct contact is not possible. However, direct communication is also possible between the Romanian judicial authorities and the central authorities designated by the United Kingdom of Great Britain and Northern Ireland and by Ireland. - The Public Prosecutor's Office attached to the High Court of Cassation and Justice, for requests for assistance set out in Articles 18, 19 and 20(1) to (5). Under the national rules governing criminal procedure, the public prosecutor is the one who may request authorisation to intercept telecommunications and the judicial body is the only judicial authority competent to have authorisation. NB: In accordance with Romanian law, under this Convention, the rule is direct contact between the requesting and requested judicial authorities. However, communication through the central authorities is necessary in the exceptional cases provided for in the Convention, as well as with those Member States which have made statements to the effect that requests for assistance should be transmitted by a central authority designated for that purpose. (b) The Romanian judicial authorities are the courts or tribunals and the Prosecution Service (public prosecution offices). (c) In Romania the courts and tribunals are the only bodies which may authorise the interception of telecommunications, at the request of the public prosecutor. In the field of judicial assistance in criminal matters, the Public Prosecutor's Office attached to the High Court of Cassation and Justice assists the authorities which request the issue of the authorisation to intercept telecommunications.
Ruotsi
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Statements: (a) The authorities (public prosecutors and courts) designated by Sweden as competent judicial authorities under Article 24 of the 1959 European Convention on Mutual Assistance in Criminal Matters are competent for the application of the EU Convention of 29 May 2000 on Mutual Assistance in Criminal Matters and the Protocol of 16 October 2001 to that Convention. (b) In addition: (1) under Article 24(1)(b) of the Convention, the Ministry of Justice is the competent central authority; (2) under Article 24(1)(c) of the Convention, the following police and customs authorities are competent: (i) the National Police Board, the police authorities, the Customs Board and the Coast Guard for controlled deliveries (Article 12); (ii) the National Police Board, the police authorities, the Customs Board and the Coast Guard for joint investigation teams (Article 13), and (iii) the National Police Board and the police authorities for covert investigations (Article 14); (3) under Article 24(1)(e) of the Convention, public prosecutors are competent. On 28 November 2013 the Swedish government decided on the following changes: The following statement will be added to Article 24: " The Stockholm County Administrative Board is the competent authority for matters relating to the service of documents in accordance with Article 7 of the 1959 European Convention on Mutual Assistance in Criminal Matters. The competent authority for the sending of procedural documents in accordance with Article 5(2) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union is, in accordance with Article 24(1) of the same Convention, the Stockholm County Administrative Board."
Saksa
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Re Article 9(6) Where persons held in custody are temporarily transferred for purposes of investigation, the consent of the persons concerned in accordance with Article 9(3) will generally be required for the purposes of reaching the agreement referred to in Article 9(1). Re Article 10(9) Application of the first subparagraph of Article 10(9) (Hearing of an accused person by videoconference) is not excluded in principle. However, such hearings can be conducted only on a voluntary basis (Article 10(9), third subparagraph). Moreover, pursuant to the national law of the Federal Republic of Germany, no costs may be imposed or regulatory measures laid down against a witness or expert (Article 10(1) who fails to respond to an invitation to a hearing by videoconference to be conducted by a foreign judicial authority. With reference to Article 24(1)(e) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Federal Government has the honour to inform the Secretary-General of the Council that the competent contact point in accordance with Article 20(4)(d) is the following: Bundeskriminalamt 65173 Wiesbaden Phone: 0049 (0) 611-55-13101 Fax: 0049 (0) 611-55-12141 e-Mail: mail@bka.bund.de
Slovakia
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Statements and Reservation of the Slovak Republicaccording to the Article 24 and Article 25 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union In accordance with the Article 24 paragraph 1, in addition to the authorities already indicated in the Declaration of the Slovak Republic to the European Convention on Mutual Assistance in Criminal Matters, the Slovak Republic declares that for the application of this convention are competent the following authorities: - the Ministry of Justice of the Slovak Republic is the competent central authority for the transmission of the request for the mutual assistance, within the meaning of Article 6 paragraph 2 - the prosecutor is considered as a competent authority within the meaning of Article 6 paragraph 5 in the proceedings according the Articles 12 and 14, - the General Prosecutor's Office of the Slovak Republic is considered a competent authority within the meaning of Article 6 paragraph 5 in the proceedings according to the Article 13, - the Ministry of Justice of the Slovak Republic is the competent central authority within the meaning of Article 6 paragraph 8 letter a), - the General Prosecutors Office of the Slovak Republic is the competent central authority within the meaning of Article 6 paragraph 8 letter b), - the Presidium of the Police Forces, International Police Cooperation Office, National Central Bureau of Interpol, Racianska 45, 812 72 Bratislava, Slovak Republic, Tel. +421- (0)9610 50318, Fax: +421-(0) 9610 59002), is thecontact point within the meaning of Article 20 paragraph 4 letter d). In accordance with Article 9 paragraph 6 the Slovak Republic declares that it shall require the consent of the person with a transfer before an agreement on temporary transfer of the person held in custody or serving the imprisonment sentence for the purpose of investigation is reached. In accordance with Article 6 paragraph 7 the Slovak Republic reserves its right not to be bound by the first sentence of paragraph 5 and by paragraph 6 of the Article 6.
Slovenia
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In accordance with Article 24 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, the Republic of Slovenia declares the following: 1. With reference to Article 24(1)( a) of the Convention, the Republic of Slovenia declares that the authorities competent for the purposes of Article 6(6) of the Convention shall be the authorities that, in accordance with the 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. 2. With reference to Article 24(1 )(b) of the Convention, the Republic of Slovenia declares that the competent judicial authorities in the Republic of Slovenia pursuant to Article 6(1) of the Convention shall be the courts with territorial competence and district state prosecutor's offices. 3. With reference to Article 24(1)? of the Convention, the Republic of SI oveni a declares that the central authority in the Republic of Slovenia for the purposes of applying Article 6(8) of the Convention shall be the Ministry of Justice, the Directorate for international cooperation and international legal assistance. The Ministry of Justice of the Republic of Slovenia also gives explanations on judicial authorities with territorial competence for receiving requests and providing international legal assistance. 4. With reference to Article 24(1 )( e) of the Convention, the Republic of Slovenia declares that the authority competent for the purposes of the application of Articles 18 and 19 and Article 20(1) to (5) of the Convention shall be The Ministry of the Interior of the Republic of Slovenia - the Police; interception of telecommunications on the territory of the Republic of Slovenia shall be ordered by the competent court.
Suomi
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"Article 9(6) of the Convention Before an agreement is reached under paragraph 1 of this Article, the consent referred to in paragraph 3 will be required if the person to be transferred is a Finnish national." "Article 24 of the Convention For the application of Article 6 of the Convention, including Article 6(8), the central authority is the Ministry of Justice. For the purposes of Article 6(5) of the Convention, the competent police and customs authorities are the police authorities, the customs authorities and border guard officials when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. The competent authorities for the purposes of Articles 18, 19 and 20 are the police authorities and, within their own sphere of competence, the customs authorities when acting as preliminary investigating authorities in criminal matters under the law on preliminary investigations. As regards police authorities, requests in accordance with Articles 18, 19 and 20 are received and forwarded via the National Bureau of Investigation. The National Bureau of Investigation also acts as the contact point in accordance with Article 20(4)(d)." "Article 27(5) of the Convention Before the Convention enters into force between States, Finland will apply the Convention in its relations with Member States which have made the same declaration." 250714: "Before an agreement is reached under paragraph 1 of Article 9, the consent referred to in paragraph 3 of the Article will be required if the person to be transferred is a national of Finland or resides permanently in Finland."
Tanska
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In connection with its accession to the Convention, Denmark declares as follows: 1. In relation to Article 24 Denmark states that: (a) The "judicial authorities" in Denmark include the courts and prosecution authorities, which under the Danish Administration of Justice Act include the Ministry of Justice, the Director of Public Prosecutions, the District Public Prosecutors, the Commissioner of the Copenhagen Police and the chief constables. (b) The "central authority" in Denmark is the Ministry of Justice, International office, Slotsholmsgade 10, DK-1216 K?benhavn K, tel + 45 33 92 33 40, fax + 45 33 93 35 10, e-mail: jm@jm.dk (c) The Ministry of Justice can provide information about which "judicial authority" in Denmark has territorial competence to receive and process requests for mutual judicial assistance. (d) In cases of doubt, the authorities in other Member States may contact the Ministry of Justice to discover which judicial authority in Denmark is competent to transmit a request for a particular form of mutual judicial assistance. (e) The police (the Commissioner of the Copenhagen Police and the chief constables) are competent as regards the application of Articles 18, 19 and 20. 2. In relation to Article 6(7), Denmark declares that requests for mutual judicial assistance covered by Article 6(5) and (6) must be transmitted via the central authority in the requested Member State. Thus requests for mutual judicial assistance may not be forwarded directly between the judicial authorities on one side and the customs or (other) administrative authorities on the other side; see Article 6(7). 3. In relation to Article 9(6), Denmark declares that it will require the consent referred to in Article 9(3) before agreement is reached on the temporary transfer of a person held in custody under Article 9(1). 4. In relation to Article 10(9), Denmark declares that it will not agree to requests for the hearing of an accused person by videoconferencing. 5. In relation to Article 14(4), Denmark declares that it is not bound by Article 14 on covert investigations.
Tshekki
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In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that it is not bound by the first sentence of Article 6(5) of the Convention. In accordance with Article 6(7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that, pursuant to Article 6(6) of the Convention, requests made by administrative authorities under Article 3(1) of the Convention are sent to the judicial authorities of the Czech Republic, and therefore cannot be sent directly to the administrative authorities of the Czech Republic. In accordance with Article 9(6) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the consent stipulated in Article 9(3) of the Convention will be required before an agreement is concluded on the temporary transfer of an individual under Article 9(1) of the Convention. In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests for controlled under Article 12 of the Convention is the Regional Prosecutor's Office in Prague, Husova 11, 110 01 Prague 1, Tel.: +420 222 111 700, fax: +420 222 220 075. In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests to set up joint investigation teams under Article 13 of the Convention is the Supreme Prosecutor's Office of the Czech Republic, International Department, Jezuitsk? 4, 660 55 Brno, tel.: +420 542 512 416, fax: +420 542 512 414. In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the judicial authority competent to deal with requests for covert investigations under Article 14 of the Convention is the Chief Prosecutor's Office in Prague, n?mesti Hrdinu 1300, 140 65 Prague 4, tel.: +420 261 196 111, fax: +420 241 401 400. In accordance with Article 24(1)(b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the central authority referred to in Article 6(8) of the Convention is the Ministry of Justice of the Czech Republic. In accordance with Article 24(1)(e) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the contact point referred to in Article 20(4)(d) of the Convention is the Police Headquarters of the Czech Republic, International Police Cooperation Division, Interpol Bureau, Strojnick? 27, 170 89 Prague 7, tel.: +420 974 834 380, fax: +420 974 834 716.
Unkari
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Declaration concerning the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union The Republic of Hungary makes the following declaration in accordance with Article 24 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. With regard to Article 3(1) of the Convention: the Chief Prosecutor receives and presents requests in accordance with this Article. With regard to Article 6(5) and (6) of the Convention: the central authorities receive and present requests in accordance with this Article. The Chief Prosecutor and the Ministry of Justice are the central authorities. With regard to Article 6(8) of the Convention: The Ministry of Justice receives and presents requests for the temporary transfer of persons held in custody. The Chief Prosecutor receives and presents requests for information concerning convictions. With regard to Article 10(9): The hearing of an accused person may be conducted by videoconference only if consent is given in writing. With regard to Articles 18, 19 and 20: The Chief Prosecutor shall receive and present requests in accordance with these Articles. The contact point on duty twenty-four hours a day in accordance with Article 20(4) is the NEBEK (International Centre for Cooperation in Criminal Matters).
Viro
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1. Pursuant to Article 24 paragraph 1 of the Convention, the Republic of Estonia declares that: (1) the central authority for mutual assistance in criminal matters referred to in Article 6 paragraph 8 of this Convention is the Ministry of Justice; (2) for the purposes of the application of Article 6 paragraph 5, Articles 18 and 19 and Article 20 paragraphs 1-5 of the Convention, the competent authorities are the National Police Board, police prefectures, Security Police Board, Central Criminal Police, Estonian Tax and Customs Board and Estonian Board of Border Guard; (3) the contact point on duty twenty-four hours a day referred to in Article 20 paragraph 4 subparagraph d of the Convention is the Central Criminal Police; 2. pursuant to Article 9 paragraph 6 of the Convention: before an agreement is reached under Article 9 paragraph 1 concerning temporary transfer of the person held in custody, the written consent referred to in Article 9 paragraph 3 to the transfer of the person concerned is required in all cases; 3. pursuant to Article 14 paragraph 4 of the Convention Estonia is not bound by Article 14. Sovelletaan Suomen ja Viron v?lisiss? suhteissa 26.10.2004 lukien.