Protocol, established by the Council in accordance with article 34 of the Treaty on the European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Austria	Yes	No
Belgium	Yes	No
Czech Republic	Yes	No
Denmark	Yes	No
Finland	Yes	No
France	Yes	No
Latvia	Yes	No
Netherlands, the Kingdom of the	Yes	No
Romania	Yes	No
Spain	Yes	No
Sweden	Yes	No

Austria

04-04-2005

Re Article 1(5) of the Protocol:
Austria declares in accordance with Article 1(5) that it makes the execution of a request under Article 1 dependent on the same conditions as it applies in respect of requests for search and seizure.

Re Article 2(4) of the Protocol:
Austria declares in accordance with Article 2(4) that it makes the execution of a request under Article 2 dependent on the same conditions as it applies in respect of requests for search and seizure.

Belgium

25-05-2005

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 fédéral Justice, Direction générale de la Législation et des Libertés et Droits fondamentaux, Autorité centrale d'entraide pénale, Boulevard de Waterloo 115, 1000 Bruxelles).
As stated in the Declaration made in connection with the 1959 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.

Czech Republic

14-03-2006

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.: [phone], fax: [phone].
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, Jezuitská 4, 660 55 Brno, tel.: [phone], fax: [phone].
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, námesti Hrdinu 1300, 140 65 Prague 4, tel.: [phone], fax: [phone].
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, Strojnická 27, 170 89 Prague 7, tel.: [phone], fax: [phone].

Denmark

01-03-2005

- Denmark is entering a reservation under Article 9(2) of the Protocol, so as to make Article 9(1) applicable only in relation to:
(a) the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism of 27 January 1977; and
(b) offences of conspiracy or association - which correspond to the description of behaviour referred to in Article 3(4) of the Convention of 27 September 1996 relating to extradition between the Member States of the European Union - to commit one or more of the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism;
- in Denmark's case, the Protocol does not, for now, apply to the Faroe Islands or Greenland.

Finland

21-02-2005

In accordance with Article 13 paragraph 5, Finland will apply this Protocol, pending its entry into force, in its relations with Member States which have made the same declaration.

France

10-05-2005

Article 9(2): In accordance with Article 9(2), France declares that it will apply Article 9(1) only in relation to the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism of 27 January 1977 and to offences of conspiracy or association to commit one or more of those offences. Article 13(5): France declares that, in accordance with Article 13(5), it will apply the Protocol in its relations with Member States which have made a similar declaration.

Latvia

14-06-2004

In accordance with paragraph 2 of Article 9 of the Protocol the Republic of Latvia declares that it applies the provision of the paragraph 1 of Article 9 of the said Protocol only in relation to the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism and to offences of conspiracy or association, which correspond to the description of behaviour referred to in Article 3(4) of the Convention relating to extradition between the Member States of the European Union, to commit one or more of the offences referred to in Article 1 and 2 of the European Convention on Suppression of Terrorism.

Netherlands, the Kingdom of the

02-04-2004

"Het Koninkrijk der Nederlanden verklaart overeenkomstig artikel 13, vijfde lid, dat het Protocol tot zijn inwerkingtreding zal worden toegepast in zijn betrekkingen met de lidstaten die eenzelfde verklaring hebben afgelegd".

Romania

08-11-2007

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.

Spain

05-01-2005

In accordance with Article 13(5), Spain declares that, pending its entry into force, this Protocol will apply in its relations with Member States which have made the same declaration. This declaration will take effect ninety days after the date of its deposit.

Sweden

07-07-2005

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); under Article 24(1)(e) of the Convention, public prosecutors are competent