147/2004

Yleissopimus tehty Euroopan unionista tehdyn sopimuksen K.3 artiklan perusteella, tullihallintojen keskinäisestä avunannosta ja yhteistyöstä

Konvention upprättad på grundval av artikel K 3 i fördraget om Europeiska unionen om ömsesidigt bistånd och samarbete mellan tullförvaltningar

Convention, drawn up on the basis of article K.3 of the Treaty on European union, on mutual assistance and cooperation between customs administrations

Perustiedot

Sopimustyyppi:
II Monenväliset sopimukset
1. Kauppa ja talous
1.1. tulli ja kauppa
Allekirjoituspäivä:

18.12.1997 (Bryssel)

Ratifiointipäivä:25.05.2004 H
Voimaantulopäivä: - , jotka ovat antaneet yleissopimuksen 32 artiklan 4 kohdan mukaisen julistuksen
Kansainvälinen voimaantulopäivä: 23.06.2009
Sopimukset: 147/2004 148/2004
Säädösviitteet: 427/2004 738/2004

Sopimukseen tehdyt muutokset

  • 531/200515.7.2005Yleissopimuksen voimaansaattamisesta annetun lain 2 §:n muuttaminen
  • 150/200419.5.2004Ampuma-aselain 17 §:n muuttaminen

Osapuolet

  • ALANKOMAAT
    Sitoutumispäivä: 31.01.2001
    Voimaantulopäivä: 25.08.2004
    Varauma:

    (1) Declaration, within the meaning of Article 20(6) of the Convention on Mutual Assistance and Cooperation between Customs Administrations, relating to the common border of the Kingdom of the Netherlands with the Kingdom of Belgium. On Netherlands territory the competent officers of the Kingdom of Belgium will exercise the right of pursuit, as regards application of the right to apprehend, the territorial scope thereof and the events concerning which that right may be applied: with regard to the infringements referred to in Article 19(2)(a), (b) and (d) of this Convention, in accordance with the relevant provisions of Article 27 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974; with regard to the infringements referred to in Article 19(2)(c) of this Convention, in accordance with the relevant provisions of Article 24 of the Convention on administrative and judicial cooperation in the field of regulations relating to the achievement of the objectives of the Benelux Economic Union of 29 April 1969 and of the Additional Protocol thereto containing specific provisions on taxation, insofar as these are compatible with Article 20 of this Convention. (2) Declaration, within the meaning of Article 20(6) of the Convention on Mutual Assistance and Cooperation between Customs Administrations, relating to the common border of the Kingdom of the Netherlands with the Federal Republic of Germany. On Netherlands territory the competent officers of the Federal Republic of Germany will exercise the right of pursuit within an area 10 kilometres wide parallel to the common border, where they may apprehend the person pursued on the public highway and in public places if he is subject to suspicion in respect of one of the infringements referred to in Article 19(2) which could give rise to extradition. (1) Declaration pursuant to Article 26(5)(b) : "The Netherlands declares that it accepts the authority of the Court of Justice of the European Community to give a preliminary ruling, at the request of any court or tribunal of the Netherlands, on a question concerning the interpretation of the Convention raised in a case pending before it, if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment". (2) Declaration pursuant to Article 32(4) : "The Netherlands declares that, until the Convention enters into force, the Convention shall apply to the Netherlands, with the exception of Article 26 thereof, in its relations with Member States that have made the same declaration." 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."

  • BELGIA
    Sitoutumispäivä: 22.09.2004
    Voimaantulopäivä: 14.06.2007
    Varauma:

    Declarations:

    In accordance with Article 32(4) of the Convention, the Kingdom of Belgium declares that, until the Convention enters into force, as far as Belgium is concerned, the Convention, with the exception of Article 26 thereof, is to apply to its relations with Member States that have made a similar declaration.

    The Kingdom of Belgium declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 26(5)(b) of the Convention.

  • BULGARIA
    Sitoutumispäivä: 06.12.2007 L
    Voimaantulopäivä: 03.05.2007
    Varauma:

    In accordance with Article 20, paragraph 8 of the Convention the Republic of Bulgaria declares that it is not bound by the provisions of Article 20.

    In accordance with Article 21, paragraph 5 of the Convention the Republic of Bulgaria declares that it is not bound by the provisions of Article 21.

    In accordance with Article 23, paragraph 5 of the Convention the Republic of Bulgaria declares that it is not bound by the provisions of Article 23.

    In accordance with Article 26, paragraph 4 of the Convention the Republic of Bulgaria declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 26(5)(b).

    In accordance with Article 32, paragraph 4 of the Convention the Republic of Bulgaria declares that as far as it concerns this Convention, with the exception of Article 26 thereof, will apply it in its relations with the Member States which have made the same declaration.

  • ESPANJA
    Sitoutumispäivä: 31.01.2001
    Voimaantulopäivä: 25.08.2004
    Varauma:

    The Kingdom of Spain states that, since the prior consultations to be held with each of the Member States concerned with a view to obtaining equivalent arrangements in those States have not taken place, it is unable to make the declaration referred to in Article 20(6) concerning procedures for implementing pursuit in its territory. It therefore urges the Presidency to take the appropriate steps for such consultations to be held as soon as possible, thus enabling the Member States to make the aforementioned declaration. In connection with the adoption of the Convention on Mutual Assistance and Cooperation between Customs Administrations, Sweden makes the following declarations : Re Article 26 : "In accordance with Article 26(4), Spain declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of this convention as specified in Article 26(5)(a)." "Spain reserves the right to provide that when the question arises before any of its courts or tribunals against the decisions there is no judicial remedy under national law, that court or tribunal will be obliged to refer the matter to the Court of Justice of the European Communities." Re Article 32 : "In accordance with Article 32(4) Spain declares that until it enters into force this convention, with the exception of Article 26 thereof, shall apply to its relations with those Member States that have made the same declaration. This declaration shall take effect ninety days after the date on which it is deposited." "The President of the Congress of Deputies has stated that, on 30 April 2003, the Congress of Deputies granted its consent for Spain to agree to the obligations arising from the declarations provided for under Articles 5(1), 20(1), 20(6) and 21(1), second and fifth subparagraphs, of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, signed in Brussels on 18 December 1997. Similarly, on 10 June 2003 the Senate granted its consent for Spain to be bound by the aforementioned declarations."

  • IRLANTI
    Sitoutumispäivä: 27.03.2002
    Voimaantulopäivä: 25.08.2004
    Varauma:

    Declaration relating to Article 20 paragraph 6 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations Ireland intends to make a declaration pursuant to Article 20 paragraph 8 when depositing its instruments of adoption of the said Convention stating that it is not bound by that Article; accordingly, there are no procedures to define on the basis of paragraphs 2, 3 and 4 of that Article for implementing pursuit in Ireland. Declaration relating to Article 26 paragraph 4 and paragraph 5(a) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations Any court or tribunal of Ireland agains whose decisions there is no judicial remedy under national law may request the Court of Justice of the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the said Convention if that court or tribunal considers that a decision on the question is necessary to enable it to give judgement. Ireland declares that: - It is not bound by Article 20, or by any part thereof, of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997. This Declaration is made pursuant to Article 20(8) of that Convention ; - it is not bound by Article 21, or by any part thereof, of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997. This Declaration is made pursuant to Article 21(5) of that Convention ; - it is not bound by Article 23, or by any part thereof, of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997. This Declaration is made pursuant to Article 23(5) of the Convention. Declaration pursuant to Article 32 (4) : "As far as Ireland is concerned the said Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration."

  • ISO-BRITANNIA
    Sitoutumispäivä: 07.03.2002
    Voimaantulopäivä: 25.08.2004
    Varauma:

    The United Kingdom declares that: - Article 20 of this Convention does not bind it; - weapons may never be carried into its territory for the purposes of Article 21 of this Convention; - with the exception of Article 26 thereof, the Convention shall in terms as hereby notified by the United Kingdom apply to its relations with Member States that have made a declaration under Article 32(4).

  • ITALIA
    Sitoutumispäivä: 25.03.2009
    Voimaantulopäivä: -
    Varauma:

    Declaration by the Italian Republic under Article 20(6) of the Naples II Convention The competent officers of the Member States may exercise the right of hot pursuit in the territory of the Italian Republic as referred to in Article 31 subject to such limits of time and space as are agreed on the basis of reciprocity. Under no circumstances will such officers have the right to apprehend the person or persons pursued in the territory of the Italian Republic. Officers of Member States which, pursuant to Article 20(8), have declared that they are not bound by that Article shall not have the right of hot pursuit. Declaration under Article 26 Italy declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of this Convention on the terms specified in Article 26(5)(b). Italy declares that it reserves the right to make provision in its national law to the effect that, where a question relating to the interpretation of the Convention on mutual assistance and cooperation between customs administrations is raised in a case pending before national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice of the European Communities.

  • ITÄVALTA
    Sitoutumispäivä: 08.09.2004
    Voimaantulopäivä: 07.12.2004
    Varauma:

    Declarations:
    Under Article 20(6):
    A. With respect to the common border between the Republic of Austria and the Federal Republic of Germany:
    Customs administration officers to be specified pursuant to Article 20(1) of the Convention will carry out pursuit in accordance with the following procedures:
    (a) the pursuing officers will be given the right to apprehend in accordance with Article 20(2)(b), (4) and (5);
    (b) the pursuit will not be subject to any limit in space or time (Article 20(3)(b)).

    B. With respect to the common border between the Republic of Austria and the Italian Republic:
    Customs administration officers to be specified pursuant to Article 20(1) of the Convention will carry out pursuit in accordance with the following procedures:
    (a) the pursuing officers will not have the right to apprehend (Article 20(2)(a));
    (b) the pursuit may be carried out over a distance of 20 kilometres in the case of motorways and, otherwise, over a distance of up to 10 kilometres (Article 20(3)(a)).

    Under Article 23(5):
    Pursuant to Article 23(5) (Covert investigations) of the Convention on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Austria declares that it will allow operations by covert investigators only if, in the other Member State, criminal proceedings are pending in respect of offences which fulfil the conditions for the issue of a European arrest warrant and it would be completely impossible or extremely difficult to elucidate the facts without resource to the proposed covert operation.

    Under Article 26(4):
    The Republic of Austria accepts the jurisdiction of the Court of Justice of the European Communities under the terms of Article 26(5)(b).

    Re Article 26:
    The Republic of Austria reserves the right to make provision in its national law to the effect that, where a question relating to the interpretation of the Convention on mutual assistance and cooperation between customs administrations is raised in a case pending before a national court or tribunal will be required to refer the matter to the Court of Justice of the European Communities.

    Under Article 32(4):
    In accordance with Article 32(4) the Republic of Austria declares that, until its entry into force, this Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration. This declaration shall take effect ninety days after the date of deposit thereof.

  • KREIKKA
    Sitoutumispäivä: 20.06.2000
    Voimaantulopäivä: 29.10.2008
    Varauma:

    Declaration in accordance with Article 32(4) of Law 2772/1999 "Entry into force of the Convention on Mutual Assistance and Cooperation between Customs Administrations":

    Pursuant to Article 32(4) (Entry into force) of the Convention on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Greece declares that the Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration.

  • KROATIA
    Sitoutumispäivä: 01.07.2016 L
    Voimaantulopäivä: -
    Varauma:

    Reservation concerning Article 20 of the Convention:
    Puisuant to Article 20, paragraph 8 of the convention, the Republic of Croatia declares that it is not bound by Article 20 of the Convention.

    Reservation concerning Article 21 of the Convention:
    Pusuant to Article 21, paragraph 5 of the Convention, the Republic of Croatia declares that it is not bound by Article 21 of the Convention.

    Reservation concerning Article 23 of the Convention:
    Pursuant to Article 23, paragraph 5 of the Convention, the Republic of Croatia declares that it is not bound by Article 23 of the Convention.

  • KYPROS
    Sitoutumispäivä: 15.07.2004 L
    Voimaantulopäivä: 27.10.2007
    Varauma:

    Declaration:
    Pursuant to paragraph (4) of Article 32 of the Convention, drawn up on the basis of Article K3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Cyprus declares that, until the Convention enters into force, the Convention shall apply to the Republic of Cyprus, with the exception of Article 26 thereof, in its relations with Member States, which have made the same declaration on the basis of paragraph (4) of Article 32 of the Convention.

  • LATVIA
    Sitoutumispäivä: 02.06.2004 L
    Voimaantulopäivä: 07.12.2008
    Varauma:

    Declarations : "In accordance with paragraph 5 of Article 21 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Latvia declares that it is not bound by this Article." "In accordance with paragraph 8 of Article 20 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Latvia declares that it is not bound by this Article." "In accordance with paragraph 5 of Article 23 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Latvia declares that it is not bound by this Article." "In accordance with paragraph 4 of Article 26 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, the Republic of Latvia declares that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention as specified in paragraph 5(a)." "Pursuant to Article 32 (4) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Mutual Assistance and Cooperation between Customs Administrations, signed at Brussels on 18 December 1997, the Republic of Latvia declares that as far as it is concerned this Convention, with the exception of Article 23 thereof, shall apply to its relations with Member States that have made the same declaration."

  • LIETTUA
    Sitoutumispäivä: 28.05.2004 L
    Voimaantulopäivä: 26.08.2004
    Varauma:

    Declarations : "Whereas, the Seimas of the Republic of Lithuania states that until consultations necessary for the application of equivalent procedures have been held with other interested Member States of the European Union, the Republic of Lithuania has no possibilities to make a declaration specified in Article 20 (6) of the Convention." "Whereas, pursuant to Article 26 (4) of the Convention, the Seimas of the Republic of Lithuania states that the Republic of Lithuania recognises that the Court of Justice of the European Communities has jurisdiction, pursuant to the conditions laid down in Article 26 (5)(b) of this Convention, to give preliminary rulings concerning the interpretation of the Convention." "Whereas, pursuant to Article 33 (5) of the Convention, the Seimas of the Republic of Lithuania states that in case this Convention has not entered into force by the time of the deposit by the Republic of Lithuania of its instrument of accession, the Convention, except for its Article 23, shall apply in respect of the relations of the Republic of Lithuania with the other Member States of the European Union who have made the same declaration."

  • LUXEMBURG
    Sitoutumispäivä: 30.07.2001
    Voimaantulopäivä: 03.05.2006
    Varauma:

    1. As regards the border between the Grand Duchy of Luxembourg and the Kingdom of Belgium, pursuit will be effected in accordance with the arrangements laid down in Article 27 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the Protocol of 11 May 1974, as regards the infringements referred to in Article 19(2)(a), (b) and (d) of this Convention, and, as regards the infringements referred to in Article 19(2)© of this Convention, in accordance with the rules contained in Article 24 of the Convention on administrative and judicial cooperation in the field of regulations relating to the achievement of the objectives of the Benelux Economic Union of 29 April 1969 and the Additional Protocol thereto containing specific provisions on taxation. 2. As regards the border between the Grand Duchy of Luxembourg and the Federal Republic of Germany, pursuit by the officers referred to in Article 20(1) will be effected in the territory of the Grand Duchy of Luxembourg in accordance with the following arrangements: (a) officers will have the right to apprehend under the conditions laid down in Article 20(2) and (5); (b) pursuit may be effected only within a 10-kilometre radius of the border. 3. As regards the border between the Grand Duchy of Luxembourg and the French Republic, pursuit by the officers referred to in Article 20 will be effected in the territory of the Grand Duchy of Luxembourg in accordance with the following arrangements: (a) officers will have no right to apprehend; (b) pursuit may be effected only within a 10-kilometre radius of the border. I would also inform you that the Luxembourg law approving the Convention contains the following reservations: "Article 2. - The particular forms of cooperation provided for in Articles 21 to 24 of the Convention shall be subject to the agreement of the State Public Prosecutor having territorial jurisdiction. In the case of hot pursuit provided for in Article 20 of the Convention, the request to cease the pursuit shall come from the State Public Prosecutor having territorial jurisdiction. Article 3. - The Grand Duchy of Luxembourg accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the arrangements laid down in Article 26(5)(b) of the Convention." Declaration: The Grand Duchy of Luxembourg declares that it will apply in advance the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on Mutual Assistance and Cooperation between Customs Administrations, with the exception of Article 26 thereof, in its relations with Member States which have made or make a similar declaration on the basis of Article 32(4) of the Convention.

  • MALTA
    Sitoutumispäivä: 13.07.2007 L
    Voimaantulopäivä: 13.08.2008
    Varauma:

    Declaration : In accordance with Article 30 of the Convention Malta opts out of the provisions on "hot pusuit" (Article 20), cross-border surveillance (Article 21) and covert investigations (Article 23). Declaration : "Malta declares that as far as it is concerned and until this Convention enters into force, the said Convention with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same Declaration under Article 32(4)."

  • PORTUGALI
    Sitoutumispäivä: 19.07.2004
    Voimaantulopäivä: 17.10.2004
    Varauma:

    1 In accordance with Article 20(6) of the Convention, the Portuguese Republic declares that officers of the customs administrations of Member States may continue pursuit in the territory of the Portuguese Republic subject to the following conditions: (a) the pursuing officers may not arrest the pursued person; (b) the pursuit can be completed up to 50 km from the border or for two hours. 2 In accordance with Article 26(4) of the Convention, the Portuguese Republic declares that: (a) it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Convention; (b) to that end, in accordance with the rules set out in Article 26(5)(b), any national court or tribunal may submit to the Court of Justice a question raised in a case pending before it and concerning the interpretation of the Convention if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. 3 In accordance with Article 32(4), the Portuguese Republic declares that the present Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration.

  • PUOLA
    Sitoutumispäivä: 04.11.2005 L
    Voimaantulopäivä: 02.02.2006
    Varauma:

    Declarations Declaration pursuant to Article 20(8) (hot pursuit): "The Republic of Poland declares that Article 20 of this Convention shall not bind the Republic of Poland." Declarations pursuant to Article 21(5) (cross-border surveillance): "The Republic of Poland declares that Article 21 of this Convention can be applied by the competent authorities of other Member States in respect of the Republic of Poland in accordance with the principle of reciprocity. The Republic of Poland also declares that officers of the competent authorities of Member States may carry their service weapons into the territory of the Republic of Poland but may use them only in cases of legitimate self-defence, as laid down in Article 25 of the Law of 6 June 1997 - Penal Code (O.J. of 1997, No 88, item 553, as amended). The Republic of Poland declares that Article 21(3)(d) of this Convention can be applied by the competent authorities of other Member States in respect of the Republic of Poland in accordance with the principle of reciprocity." Declaration pursuant to Article 23(5) (covert investigations): "The Republic of Poland declares that Article 23 of this Convention can be applied by the competent authorities of other Member States in respect of the Republic of Poland in accordance with the principle of reciprocity." Declaration pursuant to Article 26(4): "The Republic of Poland declares that it will submit the declaration referred to in Article 26(4) at a later date." Declaration pursuant to Article 32(4): "The Republic of Poland declares that it will apply the Convention, with the exception of Article 26 thereof, in its relations with Member States that have made the same declaration."

  • RANSKA
    Sitoutumispäivä: 11.08.2000
    Voimaantulopäivä: 25.08.2004
    Varauma:

    I. Declaration under Article 20: The competent officers of the Member States may exercise the right of hot pursuit in the territory of the French Republic within the meaning of Article 31 subject to such limits of time or space (Article 20(3)(a)) as we agreed on the basis of reciprocity (Article 20(6)). Under no circumstances will such officers have the right to apprehend the person or persons pursued in the territory of the French Republic as referred to above. Member States which, in accordance with Article 20(8), have declared that they are not bound by that Article may not avail themselves of this autorisation. II. Declaration under Article 23(5) France declares that it is not bound by any of the provisions of Article 23 of the Convention because of restrictions arising from its domestic legal order. - The declaration II above has been withdrawn by the Government of the French Republic (25/07/2005). III. Declaration under to Article 32(4) France declares that it will implement the Convention in advance, with the exception of Article 26 thereof, in its relations with Member States that have made a similar declaration on the basis of Article 32(4).

  • ROMANIA
    Sitoutumispäivä: 06.12.2007 L
    Voimaantulopäivä: -
  • RUOTSI
    Sitoutumispäivä: 26.01.2001
    Voimaantulopäivä: 25.08.2004
    Varauma:

    In connection with the signing of the Convention on Mutual Assistance and Cooperation between Customs Administrations, Sweden states, with reference to Article 20(6), that the provisions in paragraphs 2, 3 and 4 of that Article will be implemented in the following way: As regards Articles 20(3), point (b) will apply. In connection with the adoption of the Convention on Mutual Assistance and Cooperation between Customs Administrations, Sweden makes the following declarations : With reference to Article 23(5) of the Customs Cooperation Convention, Sweden does not intend to apply the covert investigation form of cooperation, With reference to Article 26(5)(b) of the Customs Cooperation Convention, all Swedish courts or tribunals are entitled to obtain a preliminary ruling on the interpretation of the Convention to the extent necessary for a decision in a case or on a matter, With reference to Article 32(4) of the Customs Cooperation Convention, until the Convention enters into force, it shall, with the exception of Article 26 thereof, apply to Sweden's relations with States that have made the same declaration.

  • SAKSA
    Sitoutumispäivä: 12.11.2002
    Voimaantulopäivä: 25.08.2004
    Varauma:

    Article 20(6) (hot pursuit) Competent officers of the Member States will exercise the right of pursuit on the territory of the Federal Republic of Germany without any limit in space or time (Article 20(4)(b)) and will have the right to apprehend (Article 20(2)). Officers of Member States which have fully excluded the application of this Article pursuant to paragraph 8 will not have that right. Article 26 (ECJ's power to give a preliminary ruling) Declaration No 9 (former No 10), Annex to the Convention The Federal Republic of Germany shall be included in the text of the declarations. Paragraph 2 of the Declaration: The Federal Republic of Germany hereby makes the declaration pursuant to Article 26(5)(b). Possibility for any court or tribunal to refer a matter to the Court of Justice of the European Communities for a preliminary ruling. Paragraph 3 of the Declaration The Federal Republic of Germany hereby makes the declaration regarding the requirement for referral by courts or tribunals of last instance. The Federal Republic of Germany declares, in accordance with Article 32(4) of the Convention, that, with the exception of Article 26 thereof, that as far as the Federal Republic of Germany is concerned, this Convention shall apply to its relations with Member States that have made the same declaration.

  • SLOVAKIA
    Sitoutumispäivä: 11.05.2004 L
    Voimaantulopäivä: 02.08.2006
    Varauma:

    Declaration to Article 21(1):

    The Slovak Republic declares, that the second sentence of the declaration to Article 21(1) shall be replaced by the following:

    "Authority designated for this purpose in the Slovak Republic is Customs Criminal Office - Central Coordinating Unit".

    Declaration to Article 26(4):

    The Slovak Republic declares, in accordance with Article 26(4), that it accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of this convention pursuant to Article 26(5)(a), which means, that any court or tribunal against whose decision there is no judicial remedy under national law may request the Court of Justice of the European Communities to give a preliminary rulings on a question raised in a case pending before it and concerning the interpretation of Convention on mutual assistance and cooperation between customs administration if that court or tribunal considers that a decision on the question is necessary to enable it to give judgement.

    Declaration to Article 32(4):

    The Slovak Republic declares, in terms of Article 32 paragraph 4 that it will apply the Convention, with the exception of Article 26 thereof, in its relations with Member States that have made the same declaration.

  • SLOVENIA
    Sitoutumispäivä: 08.07.2004 L
    Voimaantulopäivä: 06.10.2004
    Varauma:

    Declarations : Pursuant to Article 20, paragraph 8 of the Convention, "Slovenia declares that it is not bound by Article 20." Pursuant to Article 21, paragraph 5, "Slovenia declares that it is not bound by Article 21." Pursuant to Article 23, paragraph 5, "Slovenia declares that it is not bound by Article 23." Pursuant to Article 26, paragraph 4, "Slovenia accepts the jurisdiction of the Court of Justice of the European Communities to give preliminary rulings on the interpretation of this Convention as specified in paragraph 5(a)." Pursuant to Article 32, paragraph 4, "Slovenia declares that as far as it is concerned this Convention, with the exception of Article 26 thereof, shall apply to its relations with Member States that have made the same declaration."

  • TANSKA
    Sitoutumispäivä: 30.08.2002
    Voimaantulopäivä: 25.08.2004
    Varauma:

    Danish declarations on the Naples II Convention In connection with the ratification of the Naples II Convention, Denmark wishes to make the declarations set out below. Denmark has previously made declarations on Articles 1(2), 3(2), 4(3) and 6(4) of the Naples II Convention. We assume that those declarations remain annexed to the Convention. As Article 4 is not divided into paragraphs, but is a numbered list, it should be made clear that the declaration relates to item number 3 on the list in Article 4 (not paragraph 3). Law No 465 of 7 June 2001 on amendments to the Criminal Code and to the Administration of Justice Act (receiving stolen goods and other subsequent assistance, and IT investigations) introduced a general provision on receiving stolen goods in Section 290 of the Criminal Code. At the same time, Sections 191a and 284 of the Criminal Code were repealed. The reference to these sections in the declaration on the third indent of Article 4(3) are therefore no longer in accordance with the Criminal Code. The declaration should therefore be amended as follows: "Re Article 4(3), third indent Denmark declares, as far as it is concerned, that Article 4(3), third indent, applies only to the predicate offences in respect of which at any time receiving stolen goods is punishable under Danish law (Section 290 of the Criminal Code)." On signing the Convention, Denmark also made a declaration under Article 20(6) on the conditions for pursuit: "Denmark declares that pursuit into Denmark over the borders from Sweden and Germany may only take place on the following conditions: - the Swedish and German authorities have the right to continue an ongoing pursuit on Danish territory for a distance of up to 25km from the border; - the Swedish and German authorities do not have the right to apprehend persons in Danish territory." Denmark has also made declarations on Article 20 and Article 21. As those Articles state that when depositing its instruments of adoption of the Convention, a Member State may declare that it is not bound by that Article or by part thereof, we believe that these declarations should be presented once again. The Danish declarations: "Re Article 20(4)(e) Denmark declares, as far as it is concerned, that pursuing customs officers may carry their service weapons over the land border, unless Denmark has expressly objected to this. Denmark also declares, as far as it is concerned, that if the pursuit is continued into Danish territory by boat or aeroplane, the pursing customs officers may not in principle carry their service weapons. Re Article 20(8) Denmark declares that its accepts the provisions of Article 20, subject to the following conditions: In case of a hot pursuit exercised by the customs authorities of another Member State at sea or through the air, such pursuit may be extended to Danish territory, including Danish territorial waters and the airspace above Danish territory and territorial waters, only if the competent Danish authorities have received prior notice thereof. Re Article 21(3)(d) Denmark declares, as far as it is concerned, that customs officers conducting cross-border observation may carry their service weapons over the land border, unless Denmark has expressly objected to this. Denmark also declares, as far as it is concerned, that if the observation is continued into Danish territory by boat or aeroplane, the customs officers conducting the observation may not in principle carry their service weapons. Re Article 21(5) Denmark declares that it accepts the provisions of Article 21, subject to the following conditions: Cross-border surveillance without prior authorisation may be carried out only in accordance with Article 21(2) and (3) if there are serious grounds for believing that the persons under observation are involved in one of the infringements referred to in Article 19(2) which could give rise to extradition. Re Article 23(5) Denmark declares that it is not bound by Article 23. Re Article 26(4) and (5) Denmark declares that all Danish courts are entitled but not obliged to request the Court of Justice to give a preliminary ruling on a question raised in a case concerning the interpretation of the Convention, if the court concerned considers that a decision on the question is necessary to enable it to give judgment."

  • TSHEKKI
    Sitoutumispäivä: 28.01.2005 L
    Voimaantulopäivä: 28.04.2005
    Varauma:

    Declarations: 1. Re Articles 1(2) and 3(2): "The Czech Republic declares that it interprets the terms "judicial authorities" and "judicial authority" in Articles 1(2) and 3(2) of the Convention in the sense of its declarations made pursuant to Article 24 of the European Convention on Mutual Assistance in Criminal Matters, signed in Strasbourg on 20 April 1959." 2. Re Article 4(7): "The Czech Republic declares that, as regards cooperation under Title IV of the Convention, "customs administrations" shall also include the police of the Czech Republic." 3. Re Article 20(1): " The Czech Republic states that the autorisation to act pursuant to this Article shall apply in the Czech Republic to officers of the authorities of the Customs Administration of the Czech Republic, who shall have the status of police authorities under national law, and to the police of the Czech Republic." 4. Re Article 20(6): "The Czech Republic declares that the competent officers of the Member States shall exercise hot pursuit in the territory of the Czech Republic without limit in space or time (Article 20(3)(b)) and may apprehend the person pursued (Article 20(2)(b)). This autorisation shall not apply to officers of Member States which have completely excluded application of this Article pursuant to paragraph 8 thereof." 5. Re Article 21(1): "The Czech Republic states that autorisation to act pursuant to this Article shall apply in the Czech Republic to the authorities of the Customs Administration of the Czech Republic, which shall have the status of police authorities under national law, and to the police of the Czech Republic." 6. Re Article 21(5): "The Czech Republic declares that it accepts the provisions of Article 21 subject to the following conditions: Cross-border surveillance may be carried out pursuant to Article 21(1), (2) and (3) only if there are serious grounds for believing that the persons under observation are involved in one of the infringements referred to in Article 19(2), which carry the maximum sentence of at least one year of imprisonment in the requesting State, and only for the purpose of evidence in criminal proceedings." 7. Re Article 26(4): "The Czech Republic declares that it accepts the jurisdiction of the Court of Justice of the European Communities under Article 26(5)(b) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations. The Czech Republic reserves the right to provide in its national law that, where a question relating to the interpretation of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal be required to refer the matter to the Court of Justice of the European Communities." 8. Re Article 32 (4): The Czech Republic declares, in terms of Article 32 paragraph 4, that as far as it is concerned this Convention, with the exception of Article 26 thereof, shall apply to its relations with the Member States that have made the same declaration.

  • UNKARI
    Sitoutumispäivä: 25.11.2004 L
    Voimaantulopäivä: 23.02.2005
    Varauma:

    Declarations : 1. To paragraph 6 of Article 20 : a) Pursuant to paragraph 2 of Article 20 : Customs administrative officers to be specified pursuant to paragraph 1 of Article 20 of the Convention may not take other measures during the pursuit than apprehend in accordance with the subparagraph b) of paragraph 2 of Article 20 of the Convention on the territory of the Republic of Hungary. b) Pursuant to paragraph 3 of Article 20 : The pursuit will not be subject to any limit in space or time. c) Pursuant to paragraph 4 of Article 20 : The Republic of Hungary wishes to regulate the detailed conditions of the pursuit in bilateral Agreements on prevention and suppression the cross-border crime with the Member States of the European Union. d) Pursuant to paragraph 8 of Article 20 : Declarations of the Republic of Hungary made pursuant to paragraph 6 of Article 20 refer to those Member States, who do not exclude wholly or partly the application of Article 20 pursuant its paragraph 8. 2. To paragraph 5 of Article 23 : Pursuant to the application of covert investigation specified in Article 23, in the territory of the Republic of Hungary besides the provisions of this Convention, the bilateral Agreements on prevention and suppression of cross-border crime and ad hoc Agreements referring to certain cases are applicable. 3. To paragraph 4 of Article 26 According to paragraph 2 of Article 35 of the Treaty on European Union, the Republic of Hungary recognises the jurisdiction of the Court of the European Communities stated in subparagraph b) of paragraph 3 of Article 35 of the Treaty on European Union. 4. To paragraph 4 of Article 32 The Republic of Hungary declares that, until the Convention enters into force, the Convention shall apply to the Republic of Hungary in its relations with Member States that have made the same declaration about the provisional application.

  • VIRO
    Sitoutumispäivä: 10.02.2005 L
    Voimaantulopäivä: 11.05.2005
    Varauma:

    Declarations : 1) according to Article 20 paragraph 2(a) of the Convention the pursuing officers of another Member State shall not have the right to apprehend a person in the territory of the Republic of Estonia ; 2) according to Article 20 paragraph 3 of the Convention the pursuit carried on as from the crossing of its border shall be without limit in space or time ; 3) according to Article 20 paragraph 4? of the Convention the pursuing officers may carry their service weapons on the basis of reciprocity ; 4) according to Article 26 paragraph 4 of the Convention a court of Estonia may request the European Court of Justice to give a preliminary ruling on a question concerning the interpretation of the Convention raised in a case pending before it, if that court considers that a decision on that question is necessary to enable it to give judgement ; 5) according to Article 32 paragraph 4 of the Convention the Convention, with the exception of Article 23 thereof, shall apply to its relations with Member States that have made the same declaration ; 2. the Tax and Customs Board shall inform the depositary of the officers to whom Article 20 paragraph 1 and Article 21 paragraph 1 of the Convention apply ; 3. the designated authority referred to in Article 21 paragraph 1 of the Convention, is the Tax and Customs Board.

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